Agenda packet — East Palo Alto City Council, September 3, 2024

EAST PALO ALTO CITY COUNCIL

REGULAR SESSION

AMENDED AGENDA
Tuesday, September 3, 2024, 6:30 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in- person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The virtual portion of this City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted pursuant to Assembly Bill 361.

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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council September 3, 2024 Agenda 1

1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

3.1 Proclamation Honoring Appollonia "Mama Dee" Grey Uhilamelangi

3.2 Grant Application for TA Cycle 7 Bike/Ped Program Funding the East Bayshore Pedestrian and Cyclist Safety Improvements Project Recommendation: Adopt a resolution authorizing the submittal of an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding.
*This staff report has been replaced with an updated version (see pages 9-12)

3.3 Adoption of Ordinance Amending the Salary for Members of the East Palo Alto City Council
Recommendation: Waive the second reading and adopt an ordinance amending Section 2.08.150 of the East Palo Alto Municipal Code increasing the salary for members of the East Palo Alto City Council.

3.4 Cancer Awareness Month Proclamation

3.5 FY 2023-24 Fourth Quarter Treasury Report
Recommendation: Accept and file the Treasury Report for the fourth quarter ended June 30, 2024.

3.6 Monthly Cash Treasury Report for July 2024
Recommendation: Accept and file the Cash Treasury Report for the month of July 2024.

3.7 Latino/a Culture and History Month Proclamation

3.8 Suicide Prevention Day Proclamation

3.9 American Muslim Appreciation & Awareness Month Proclamation 2 East Palo Alto City Council September 3, 2024 Agenda

3.10 Police Vehicle Purchases
Recommendation:

Adopt a resolution:

1. Authorizing the City Manager to purchase two 2024 Dodge Durango Police Vehicles from Elk Grove Auto Group for the Police Department in an amount not to exceed $113,262.46; and

2. Waiving the formal bid procedure pursuant to East Palo Alto Municipal Code Section 2.84.070(D).

3.11 Fiscal Year 2023-24 City Council Strategic Priorities Final Status Update Recommendation:

Receive an update on the FY 2023/24 through FY 2024/25 Strategic Priorities Work Plan.

3.12 Minutes of the August 20, 2024 Meeting
Recommendation: Adopt the minutes of the August 20, 2024 Meeting.

3.13 Chapter 2.12 (City Manager) Amendment regarding Sanitary District Recommendation:

1. Adopt an ordinance amending Chapter 2.12 “CITY MANAGER” of the East Palo Municipal Code granting additional powers to the City Manager in the event the East Palo Sanitary District is made a subsidiary district of the City; and

2. Find that the adoption by the City Council of the amendments is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21065 (not a project), and CEQA Guidelines Sections 15061(b)(3) (common sense exemption) and 15320(a) (changes of organization).

4. CLOSED SESSION

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. ADJOURN CITY COUNCIL REGULAR MEETING TO THE JOINT SUCCESSOR 3 East Palo Alto City Council September 3, 2024 Agenda

AGENCY BOARD SPECIAL MEETING

9. JOINT SUCCESSOR AGENCY BOARD SPECIAL MEETING

9.1 Approval of San Mateo County Community College District Obligation Recommendation:

1. Approving the maximum of $97,477 contractual pass-through obligation payment to the San Mateo County Community College District for FY 2024-25 pursuant to a former Agency Agreement approved by Resolution No. 34 on November 28, 1988, and

2. Approving the San Mateo County Controller’s Office’s inclusion of such amount in the calculation of contractual pass-through obligations due to San Mateo County Community College District for FY 2024-25.

10. ADJOURN JOINT SUCCESSOR AGENCY BOARD SPECIAL MEETING

AND RECONVENE CITY COUNCIL REGULAR MEETING

11. PUBLIC HEARINGS

12. POLICY AND ACTION

12.1 City Manager Salary Increase and second contract amendment Recommendation:

Adopt a resolution:

1. Approving a salary increase for City Manager Melvin E. Gaines; and

2. Authorizing the Mayor to execute a second amendment to the employment agreement between City Manager Melvin E. Gaines and the City of East Palo Alto.

12.2 City Attorney Salary Increase and second contract amendment Recommendation:

Adopt a resolution:

1. Approving a salary increase for City Attorney John D. Lê; and

2. Authorizing the Mayor to execute a second amendment to the employment agreement between City Attorney John D. Lê and the City of East Palo Alto.

12.3 Senior Advisory Committee Appointments
Recommendation: Interview applicants for the following open seats on the 4 East Palo Alto City Council September 3, 2024 Agenda
Senior Advisory Committee (2); and appoint applicants for Regular or Alternate Seats using the selection process recommended by staff .

12.4 Measure HH Pilot Workforce Development Program Updates and Contract Extension Recommendations
Recommendation:

1. Receive informational report from staff and contractors on the Measure HH Pilot Workforce Development Program progress for the 18 months of the pilot program;

2. Provide recommendations for final evaluation; and

3. Adopt a resolution:
a. Appropriating additional funds in the amount of $366,418 from the Measure HH Fund in the Fiscal Year 2024-25 Budget to fund the contract extensions of the Measure HH Pilot Workforce Development Program;
b. Authorizing the City Manager to negotiate and execute a Second Amendment to the License and Grant Agreements (“Second
Amendment”), in a form approved by the City Attorney, to increase the not-to-exceed amounts with JobTrain for an additional $110,801 ($50,988 for STEM Program and $59,813 for Building Trades Program) for twenty additional East Palo Alto residents, and with StreetCode Academy for an additional $118,350 for ten additional East Palo Alto residents, to provide job training, job placement services, and support services, and to extend each of the contract terms for an additional nine months, until May 30, 2025; c. Authorizing the City Manager to negotiate and execute a Third Amendment to the License and Grant Agreement (“Third
Amendment”) with Live In Peace, in a form approved by the City Attorney, to increase the not-to-exceed amount by $137,267, for job training, job placement services, and support resources for up to an additional ten East Palo Alto residents, and to extend the term and to extend the term of the agreement through May 30, 2025; and d. Finding the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

13. COUNCIL REPORTS

14. ADJOURNMENT
Upcoming meetings:

Meeting Date Time
Regular Meeting September 17, 2024 6:30 PM
Study Session September 24, 2024 6:00 PM
Regular Meeting October 1, 2024 6:30 PM
5 East Palo Alto City Council September 3, 2024 Agenda
This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

View documents related to this agenda on the City's website: https://www.cityofepa.org/citycouncil/page/agenda-and-minutes East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

POSTED: August 23, 2024
AMENDED: August 30, 2024
ATTEST:

James Colin
City Clerk
East Palo Alto City Council September 3, 2024 Agenda 6
CONSENT ITEM 3.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Proclamation Honoring Appollonia "Mama Dee" Grey Uhilamelangi Recommendation
Present the proclamation Honoring Appollonia "Mama Dee" Grey Uhilamelangi.

Attachments

1. Proclamation
7 Mayor
Antonio D. Lopez

H O N O R I N G T H E L I F E A N D L E G A C Y O F
WHEREAS, Appollonia "Mama Dee" Grey Uhilamoelangi was a pillar of the East Palo Alto community, known for her unwavering dedication to serving those in need, particularly the youth; and
WHEREAS, Mama Dee was a visionary leader who founded dance groups, reading and literacy programs, and the nonprofit organization Anamatangi Polynesian Voices, all of which have had a lasting impact on the Pacific Islander community and beyond; and WHEREAS, throughout her life, Mama Dee dedicated over three decades to bridging the diverse communities of East Palo Alto, working tirelessly to promote youth success, cultural preservation, and intercommunity understanding; and
WHEREAS, in her role at the East Palo Alto Recreation Department and later at the Youth Development Center, Mama Dee provided critical outreach to Pacific Islander youth and parents, fostering a sense of belonging and empowerment within the community; and WHEREAS, during the challenging times of the early 1990s, when crime and drug use were rampant, Mama Dee was undeterred in her mission to save and uplift the youth, offering them a path forward through education, cultural enrichment, and unwavering support; and WHEREAS, Mama Dee was known for her maternal care, often extending a warm hug to those in need, earning her the affectionate title of "Mama Dee" from the youth she served; and WHEREAS, her commitment to community action extended beyond East Palo Alto, as evidenced by her involvement in health advocacy, cultural exchanges, and global outreach, including her work with former President Bill Clinton, U.S. Representative Anna Eshoo, and the King of Tonga; and
WHEREAS, Mama Dee's enduring legacy is reflected in the continued work of Anamatangi Polynesian Voices, which she and her husband founded to promote community togetherness, public health, and cultural celebration among Pacific Islanders; and WHEREAS, even in her final years, Mama Dee remained a force for good, mobilizing the community during the COVID-19 pandemic and organizing relief efforts for Tonga following a devastating volcanic eruption; and
WHEREAS, the City of East Palo Alto mourns the passing of Mama Dee on August 10, 2024, at Stanford Hospital, yet celebrates her extraordinary life and the profound impact she had on countless individuals.

NOW, THEREFORE, BE IT PROCLAIMED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY honors the life, legacy, and indomitable spirit of Appollonia "Mama Dee" Grey Uhilamoelangi, recognizing her as a true pilar of our city, whose contributions will continue to inspire future generations;
BE IT FURTHER PROCLAIMED that in honor of her extraordinary contributions, January 1, shall be recognized as "Mama Dee Day" in the City of East Palo Alto, a day to celebrate her legacy of love, community, and service, and to continue her mission of uplifting and uniting all people.

City of East Palo Alto
Proclamation
A P P O L L O N I A " M A M A D E E " G R E Y

U H I L A M O E L A N G I
8 CONSENT ITEM 3.2

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Senior Engineer
Humza Javed, Public Works Director
SUBJECT: Grant Application for TA Cycle 7 Bike/Ped Program Funding the East Bayshore Pedestrian and Cyclist Safety Improvements Project
Recommendation
Adopt a resolution authorizing the submittal of an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Promote Health & Public Safety
Background
On June 10, 2024, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Cycle 7 Pedestrian and Bicycle Program. The program aims to fund projects that enhance bicycling and walking accessibility and safety in San Mateo County, encouraging more residents to engage in active transportation. The program is funded through available Measure A and W funds.

Staff proposes to apply for a project that will construct safety improvements along East Bayshore Road from Euclid Avenue to Menalto Avenue as part of the East Bayshore Pedestrian and Cyclist Safety Improvements Project.

In 2022, the City received $400,000 from the TA Cycle 6 Pedestrian and Bicycle Program for the design phase of the East Bayshore Safety Improvements Project. On April 2, 2024, the City 9 CONSENT ITEM 3.2
Council awarded the design work to CSG Consultants, who have since begun developing the design package. A public outreach meeting was performed on May 29, 2024. Additional information about the project is available on the City website at the following link:
https://www.cityofepa.org/publicworks/page/east-bayshore-road-pedestrian-and-cyclistssafety-improvements The project design is anticipated to be completed by the end of 2024. The total project construction costs are estimated to be $3,400,000. City staff has previously secured $625,000 of CCAG Lifeline Transportation Program Cycle 7 funds along with $850,000 of DOT funds through the FY 2024 Transportation HUD appropriations bill. If the grant application is successful, it will cover the remaining $1,925,000 of construction costs.

Analysis
The proposed improvements along East Bayshore Road include the installation of sidewalks, bikeways, traffic calming measures, lighting improvements, and green infrastructure elements as outlined in the Plans Specifications and Estimate (PS&E) package currently under development.

Staff is requesting $1,925,000 from the TA for the construction phase of the East Bayshore Road Pedestrian and Bicycle Safety Improvements Project. This funding will cover safety enhancements for pedestrians and cyclists along East Bayshore Road from Euclid Avenue to Menalto Avenue. If the City is awarded the grant, it will close the funding gap needed for construction, allowing the City to proceed with the construction phase upon completion of the design.

Fiscal Impact
There is no fiscal impact associated with submitting the application. The total estimated project cost is $3,400,000. City staff has secured funding in the amount of $1,475,000, which includes $625,000 of CCAG Lifeline Transportation Program Cycle 7 funds as well as $850,000 of DOT funds through the FY 2024 Transportation HUD appropriations bill.

The grant includes a minimum five percent match which can be covered by the funding the City has already secured for the project.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a 10 CONSENT ITEM 3.2
potentially significant impact on the environment.

Government Code § 84308
Applicability of Levine Act: No.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
11 Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 7 PEDESTRIAN AND BICYCLE PROGRAM

FUNDING FOR THE EAST BAYSHORE ROAD PEDESTRIAN AND BICYCLE SAFETY

IMPROVEMENTS PROJECT
WHEREAS, the City of East Palo Alto has identified pedestrian and bicycle safety concerns on East Bayshore Road from Euclid Avenue to Menalto Avenue; and WHEREAS, the City is designing the East Bayshore Road Pedestrian and Bicycle Safety Improvements Project to implement measures to improve safety for pedestrians and bicyclists; and WHEREAS, it will cost $3,400,000 to construct the project and the City seeks $1,925,000 to close the funding gap needed for construction of the Project; and WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024; and WHEREAS, the TA requires the Sponsor's governing board to adopt a resolution:

1. Supporting the Project and application for $1,925,000 in TA Measures A and W Pedestrian and Bicycle Program funds for Project; and

2. Committing to the completion of the Project, including the commitment of matching funds in the amount of $1,475,000 needed for implementation;

3. Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and

4. If funds are awarded, authorizing the City Manager or designee, to sign a funding agreement or memorandum of understanding (MOU) with the TA for TA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Directs staff to submit an application to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program funds for $1,925,000 for the East Bayshore Road Pedestrian and Bicycle Safety Improvements Project;

2. Authorizes the City Manager, or designee, to execute a funding agreement or MOU and any amendments with the San Mateo County Transportation Authority to encumber TA Measures A and W Pedestrian and Bicycle Program funds;

3. Commits to the completing the Project, including contributing $1,475,000 of matching funds needed for Project implementation, if the requested TA funds are awarded; 12 Resolution No. XX-2024 2 of 2

4. Certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and

5. Authorizes the City Manager, or designee, to take any other actions necessary to give effect to this resolution and execute applicable amendments.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
13 CONSENT ITEM 3.3

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
SUBJECT: Adoption of Ordinance Amending the Salary for Members of the East Palo Alto City Council
Recommendation
Waive the second reading and adopt an ordinance amending Section 2.08.150 of the East Palo Alto Municipal Code increasing the salary for members of the East Palo Alto City Council.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority #4: Ensure Our Financial and Organizational Health.

Executive Summary
At the July 16, 2024, City Council meeting, the Council waived the first reading of the proposed ordinance to increase the City Council's monthly salary as authorized under Senate Bill 329.

The ordinance was introduced and discussed in accordance with the requirements set forth by SB 329, which mandates that such an ordinance be considered over at least two regular meetings to ensure transparency and public participation.

As noted in the July 16 staff report, State Law authorizes cities to enact a local ordinance that provides a salary to councilmembers. California Government Code section 36516 provides that a city council may, by ordinance, establish a salary based upon the population of the city.

In 2018, the City Council adopted Ordinance No. 418, which increased the salary to $600 per month and eliminated the contribution to a 401K retirement program. 14 CONSENT ITEM 3.3
On June 29, 2023, Governor Newsom signed into law Senate Bill 329 (“SB 329”) which increases the maximum amount of salary that councilmembers may receive. This legislation was intended to increase the compensation schedule for councilmembers in general law cities, which had not been adjusted since 1984. SB 329 allows cities to increase the compensation to adjust for inflation in order to help keep city councils more diverse by allowing people from across different income levels to serve the public and support their families.

Given the City’s population, the statute allows for the annual stipend of certain councilmembers of the City of East Palo Alto to increase to up to $950 per month.

No ordinance may be enacted or amended to provide automatic future increases in salary. The Council is empowered, however, to adopt an ordinance revising the salary or may submit to the electors the question of whether city councilmembers should receive a salary and the amount of the salary.

SB 329 requires that an ordinance to increase councilmember compensation be considered in an open session with at least two regular meetings. The ordinance must include findings demonstrating the need for increased compensation and there must be at least seven days between the introduction and adoption of the ordinance.

A councilmember may waive any or all of the compensation authorized by the Government Code.

The City Council introduced the attached Ordinance with the following vote:

AYES: ABRICA, BARRAGAN, LOPEZ, GAUTHIER, ROMERO
NOES:

ABSENT:

ABSTAIN:

This item is now before the Council for adoption of the Ordinance, waiving the second reading of the Ordinance (Attachment 1).

Fiscal Impact
The annual cost increase by this action would be estimated to be approximately $4,500. There is no budget amendment necessary for the current year budget.

Public Notice
15 CONSENT ITEM 3.3
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Ordinance
16 ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
AMENDING SECTION 2.08.150 OF THE EAST PALO ALTO MUNICIPAL CODE

INCREASING THE SALARY FOR MEMBERS OF THE EAST PALO ALTO CITY

COUNCIL
WHEREAS, in 1983, the East Palo Alto City Council adopted Ordinance No. 8-83 providing a salary to council members in the amount of $150 per month. In 1985, the Council adopted Ordinance No. 057 providing the same benefits to councilmembers that are paid to City employees. Specifically, Ordinance No. 057 authorized payment of premiums for basic health insurance coverage, supplemental insurance coverage, and a contribution to 401K retirement program; and
WHEREAS, in 1986, the City Council adopted Ordinance No. 75 increasing the City Council salary to $300 per month. These three ordinances (No. 8-83, No. 057 and No. 075) were collectively codified in East Palo Alto Municipal code section 2.08.150; and WHEREAS, in 2018, the City Council adopted Ordinance No. 418, which increased the salary to $600 per month and eliminated the contribution to a 401K retirement program; and
WHEREAS, on June 29, 2023, Governor Newsom signed into law Senate Bill 329 (“SB 329”) which increases the maximum amount of salary that councilmembers may receive. This legislation was intended to increase the compensation schedule for councilmembers in general law cities, which had not been adjusted since 1984. SB 329 allows cities to increase the compensation to adjust for inflation in order to help keep city councils more diverse by allowing people from across different income levels to serve the public and support their families; and
WHEREAS, the official April 1, 2020 census determined East Palo Alto’s population to be 30,034. Since then, the population has fluctuated a bit, but remains less than 35,000; and
WHEREAS, the City Council of the City of East Palo Alto’s salary has not increased since the pre-pandemic era (2018). Yet, since that time, general price levels and the overall cost of living have increased to substantially for some time now, especially immediately after the pandemic.

WHEREAS, additionally, the aim of SB 329 was to ensure diversity of representation of on city councils statewide and how socio-economic status can affect that. For instance, in relevant legislative history in SB 329, which provides cities with authority to raise the annual stipend paid to councilmembers, the bill’s sponsor highlighted the need to adjust councilmember pay, which applies in the City of East Palo Alto:
17 “City Councilmembers have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with very little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community. The Legislature has not raised the base pay amounts for City Councilmembers since 1984. It's time those amounts caught up to the present economic reality, especially with the rapid increase in inflation we've seen recently. Raising the pay will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent and I believe raising their compensation is an important step to achieving that equitable outcome.” Similarly, ensuring that councilmembers represent residents that live, work, and play in the City of East Palo Alto on many levels, including socio-economic facets, is an important purpose of the bill (SB 329) as it applies to general law cities; and WHEREAS, East Palo Alto is a majority minority community with many individuals working multiple jobs to provide for themselves and their families financially; and WHEREAS, providing an increase in Council salary would enable more members of the community to consider participating in its governance, including those with diverse socio-economic backgrounds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:

SECTION 1: AMENDMENT TO SECTION 2.08.150 OF EPAMC
The City Council hereby amends 2.08.150 of the East Palo Alto Municipal Code to read as follows (with text in strikeout indicating deletion and underlined text indicating addition). Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

A. Pursuant to the provisions of Section 36516 (a)(1) of the California Government Code, each council member shall receive as salary the sum of nine hundred fifty dollars ($600.00950.00) per month. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the city.

1. The salaries set forth in this section shall be exclusive of any amount payable to councilmembers as reimbursement for actual and necessary expenses incurred in the performance of city duties.
18 2. The city shall pay the premium for supplemental life insurance coverage for councilmembers in the same amount and for the same coverages as provided for management employees.

SECTION 2: CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

SECTION 3: IMPLIED REPEAL
Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.

SECTION 4: REFERENCES TO PRIOR CODE
Unless superseded and repealed (express or implied), references in City forms, documents and regulation to the chapters and sections of the former City codes, shall be construed to apply to the corresponding provisions contained within this Ordinance.

SECTION 5: SEVERABILITY
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 6: EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days from and after the date of its adoption. The payment of monthly salary authorized pursuant to this Ordinance shall first issue in January 2025.

SECTION 7: PUBLICATION
Within fifteen (15) days of tis adoption, the Ordinance shall be posted in three (3) public places within the City of East Palo Alto, and the Ordinance, or summary of the Ordinance prepared by the City Attorney, shall be published in a local newspaper used to publish official notice for the City of East Palo Alto prior to the effective date. 19 This Ordinance was introduced at the July 16, 2024 meeting of the City Council of the City of East Palo Alto.

PASSED AND ADOPTED this 3rd day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
20 CONSENT ITEM 3.4

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Cancer Awareness Month Proclamation
Recommendation
Present the proclamation for Cancer Awareness Month.

Attachments

1. Proclamation
21 THE CITY OF EAST PALO ALTO PROCLAIMS SEPTEMBER AS

CHILDHOOD CANCER AWARENESS MONTH
WHEREAS, childhood cancer is the leading cause of death by disease in children, and; WHEREAS, 1 in 285 children in the United States will be diagnosed by their 20th birthday, and; WHEREAS, 46 children per day or 16,790 children per year are diagnosed with cancer in the U.S., and; WHEREAS, the average age of diagnosis is 6 years old, and; WHEREAS, 80% of childhood cancer patients are diagnosed late and with metastatic disease, and; WHEREAS, on average there’s been a 0.6 percent increase in incidence per year since the mid 1970’s resulting in an overall incidence increase of 24 percent over the last 40 years, and; WHEREAS, two-thirds of childhood cancer patients will have chronic health conditions as a result of their treatment toxicity, with one quarter being classified as severe to life-threatening, and; WHEREAS, approximately one half of childhood cancer families rate the associated financial toxicity due to out-of-pocket expenses as considerable to severe, and;
WHEREAS, in the last 30 years only six new drugs have been approved by the FDA to specifically treat childhood cancer, and;
WHEREAS, the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increased funding to carry this out; WHEREAS, hundreds of non-profit organizations at the local and national level are helping children with cancer and their families cope through educational, emotional and financial support, and; WHEREAS, researchers and healthcare professionals work diligently dedicating their expertise to treat and cure children with cancer, and;
WHEREAS, too many children are affected by this deadly disease and more must be done to raise awareness and find a cure.

NOW, THEREFORE, BE IT RESOLVED the East Palo Alto City Council, does hereby proclaim September as Childhood Cancer Awareness Month and support this cause that so deeply impacts families in every community across our country.

Dated: September 3, 2024
Antonio D. Lopez, Mayor
22 CONSENT ITEM 3.5

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: SEPTEMBER 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Bo-kyoung Kim, Finance Services Manager
Jessica Y Caballero, Senior Accountant
SUBJECT: FY 2023-24 Fourth Quarter Treasury Report
Recommendation
Accept and file the Treasury Report for the fourth quarter ended June 30, 2024.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority 4: Ensure Our Financial and Organizational Health Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Finance staff provides quarterly reporting to the City Council indicating the summary of investments for the period and denoting the ability of the City to meet its expenditure requirements for the next three months.

Analysis
This report covers primary cash and investments of the City. For investment purposes, City cash is pooled, except for bond proceeds, which are held in trust by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund.

However, all cash is segregated in the City’s accounting records. 23 CONSENT ITEM 3.5
As of June 30, 2024, the total deposit value of cash and investments equals $149,007,269, including outstanding checks and other minor adjustments of $1,045,191.94. Compared to the prior quarter ending in March 2024, the FY 2023-24 fourth quarter (Q4) ending on June 30, 2024, total book value balance increased by approximately $11.8M. The overall increase is primarily due to several large grant reimbursements received in Q4 including the Bay Road Stormwater Infrastructure Project ($4.6M), Light Tree AHSC Grant ($2.8M), other grant reimbursements, ($0.9M), Tax distribution ($1.4M), and other operating revenues. The following table shows a breakdown of cash and investment balance by fund type.

The book market value totals $148,646,480, including an unrealized loss of $360,790, reflecting treasury yields during the calendar year. All except for General Fund balance is restricted by either City Council or external parties for specific purposes. Unrestricted cash and investment balance under General Fund ($38,795,263) including the contingency reserve may be used at Council discretion.

The table below reflects changes in rates since June 2023, and compared to the previous month of May 2024, demonstrates a decrease in Long-term and Short-Term Treasury yields compared to June 2023 and a decrease in Long-term and Short-term yields compared to May 20241:
1 Daily US Treasury Yield Curve. Treasury.gov
Summary June 30, 2024
Average
Maturity
(YRS)
Average
Earnings
(QTR)
Deposit Value Market Value
Petty Cash n/a n/a $ 10,800 $ 10,800
Bank Checking n/a n/a $ 3,740,885 $ 3,740,885
Local Agency Investment Fund 0.59 4.36% $ 14,909,894 $ 14,854,966 San Mateo County Pool Investment 1.64 3.93% $ 35,156,661 $ 34,850,798 CA Asset Management Program 0.10 5.43% $ 95,189,030 $ 95,189,030 $149,007,269 $148,646,479
Deposit Value Market Value
General Fund (Inc. Petty cash of $10,800) $ 38,795,263 $ 38,795,263 General Sub-Funds (Commited/Reserved) $ 19,886,636 $ 19,886,636 City Funds Restricted and Committed $ 88,614,288 $ 88,614,288 Successor Agency Trust $ 1,711,081 $ 1,711,081
Unrealized Gain on Investment Pools $ - $ (360,790)
$ 149,007,269 $ 148,646,480
Summary June 30, 2024
24 CONSENT ITEM 3.5
The City’s portfolio is invested in the Local Agency Investment Fund (LAIF), the San Mateo County Treasurer’s Pool, and the California Asset Management Program (CAMP). LAIF is a highly liquid investment pool operated by the State Treasurer, and the City has same-day access to the funds. The County Treasurer’s Pool is less liquid, and the maturity and diversification of the underlying securities which in normally functioning markets is generally expected to result in higher yield. The CAMP Pool is a highly liquid investment pool directed by a Board of Trustees that provides same-day liquidity, competitive yields, and interest paid monthly. City staff does not control or direct the underlying investment of funds and each pool is managed by the respective agency’s investment staff and oversight committee or board. March to June over quarter LAIF yields increased from 4.122% for quarter-end (QE) Mar 2024 to 4.480% for QE June 2024 and San Mateo County Pool average gross pool earnings increased from 3.779% for QE Mar 2024 to 3.927% for QE June 2024. San Mateo County Pool earnings are quoted on gross earnings. LAIF fair value factor in the fourth quarter increased from 0.9935 to 0.9963 and the County Pool factor increased from 0.9882 for QE Mar 2024 to 0.9913 for QE June 2024, compared to the previous quarter. As of June 2024, the current annualized yield for CAMP is

5.44% which is 0.04% lower than the yield as of QE Mar 2024.

Based on the foregoing, pursuant to California Government Code Section 53646, the City shall meet its expenditure requirements for the next six months.

Fiscal Impact
There is no fiscal impact for this item. This report is informational.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.

Jun-24 May-24 Jun-23
6-Month Treasury Bill 5.11 5.17 5.47
2-Year Treasury Note 4.71 4.89 4.87
5-Year Treasury Note 4.33 4.52 4.13
25 CONSENT ITEM 3.5
Attachments

1. Treasury Report QE June 2024.
26 Average
Interest
Earnings

DEPOSIT AND
BOOK VALUE % MARKET
VALUE
Days Years For QTR

1. Petty Cash na na 0.000% 10,800 0.0% 10,800

2. On Demand Deposits (Wells Fargo checking) na na 0.000% 3,740,885 2.5% 3,740,885

3. Local Agency Investment Fund (LAIF) 217 0.59 4.360% 14,909,894 10.0% 14,854,966

4. San Mateo County Pool Investment 599 1.64 3.927% 35,156,661 23.4% 34,850,798

5. CA Asset Management Program 38 0.10 5.433% 95,189,030 64.0% 95,189,030

4.834% 149,007,269 100.0% 148,646,479
General Fund (including petty cash of $10,800) 38,795,263 38,795,263 General Sub - Funds (Committed/Reserved) 19,886,636 19,886,636 City Funds Restricted and Committed 88,614,288 88,614,288 Successor Agency Trust 1,711,081 1,711,081
Unrealized Loss on Investment Pools - (360,790)
149,007,269 148,646,479
(0)
Checks Outstanding/Other AJE 1,045,192 1,045,192
1,045,192 1,045,192
150,052,461 148,646,479
CERTIFICATION:

Pursuant to Government Code Section 53646, the City will meet its expenditure requirements for the next six months. Total funds invested represent the consolidation of all fund types, and availability of certain funds is restricted by law.

Tomohito Oku 7/26/2024
Director of Finance Date
For Reporting Information Regarding Investment Pools:

LAIF http://www.treasurer.ca.gov/pmia-laif/laif/index.asp San Mateo County Pool http://sanmateocountytreasurer.org/index.html Total Cash and Investment Portfolio
Treasury Summary

CITY AND SUCCESSOR AGENCY OF EAST PALO ALTO

SUMMARY OF INVESTMENTS
For Quarter Ended June 30, 2024
Category
Average Maturity
Cash and Investments
Total Cash and Investments on Deposit
Total Book Balance
Bank to Book Adjustments
Total Book Adjustment
27 CONSENT ITEM 3.6

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Bo-kyoung Kim, Finance Services Manager
Jessica Y Caballero, Senior Accountant
SUBJECT: Monthly Cash Treasury Report for July 2024
Recommendation
Accept and file the Cash Treasury Report for the month of July 2024.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 4: Ensure Our Financial and Organizational Health Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Further, City Investment Policy Section XVIII requires monthly reporting of investment transactions, as specified. Because the City participates in State and County investments pools and does not independently broker or engage outside investment advisors to transact investments, the monthly reporting provides a snapshot of overall cash receipts, transfers, and disbursements.

Analysis
The Monthly Cash Treasury Report (“Report”) covers cash and investments of the City in the four cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, California State Local Agency Investment Fund, and the California Asset Management Program (CAMP). The 28 CONSENT ITEM 3.6
Report does not include petty cash, or the California State Community Infrastructure Program (SCIP) bond proceeds held by a trustee in the name of the City. For investment purposes, City cash is pooled, except for bond proceeds held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting records. Monthly cash transactions for the monthly period ending July 31, 2024, are as follows:

The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance decreased by approximately $2.2M compared to the balance as of June 30, 2024.

July receipts, a total of approximately $3.7M, consist of grant reimbursements totaling $1.6M; these include State of California Department of Housing and Community Development for the Affordable Housing and Sustainable Communities (AHSC) Program for the Light Tree Project ($1.0M), C/CAG for the Addison Avenue Project Safe Route & Green Street Program ($0.3M), State of California Housing & Community Development for the Local Early Action Planning (LEAP) ($0.1M), State of California Department of Transportation for the Highway Safety Improvement Program (HSIP) Cycle 10 ($0.1M), and the CalHome Grant ($0.1M). Other receipts include Tax distribution ($0.6M), Four Seasons Hotel Transient Occupancy Tax ($0.2M), Redevelopment Property Tax Trust Fund (RPTTF) Allocation and Distribution for Recognized Obligations Payment Schedule (ROPS) 24-25A ($0.2M), Veolia ($0.2M), and other various receipts.

July disbursements, a total of approximately $6.8M, primarily consist of Recology San Mateo County FY24 Q3 and Q4 Refuse Collection and Recycling Services ($1.5M), Payroll costs ($1.1M), Kaiser Foundation Health Plan ($0.1M), Joint Powers Authority Pooled Liability Assurance Network for 2024/25 Member Contribution ($0.9M), and other recurring operating expenditures.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest:1
1 Daily US Treasury Yield Curve. Treasury.gov
Account Beginning
Balance Receipts Disbursements Interest Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 2,726,152.39 3,685,870.68 (6,871,117.39) - 2,000,000.00 1,540,905.68 LAIF 14,909,893.50 - - 168,229.04 (2,000,000.00) 13,078,122.54 San Mateo County Pool 35,156,660.97 - - 381,995.69 (4,300,000.00) 31,238,656.66 CAMP 95,189,029.98 - - 444,479.85 4,300,000.00 99,933,509.83 Total 147,981,736.84 3,685,870.68 (6,871,117.39) 994,704.58 - 145,791,194.71 Jul-24 Jun-24 Jul-23
6-month Treasury Bill 4.91 5.11 5.27
2-year Treasury Note 4.29 4.71 4.88
5-Year Treasury Note 3.97 4.33 4.18
29 CONSENT ITEM 3.6
Local Agency Investment Fund (LAIF) average monthly effective yields were 4.516% in July which increased by 0.03% from June 2024. San Mateo County monthly gross earnings for July were 4.221% compared to 3.818% in June 2024. The County Pool earnings estimates for FY 24-25 are at 4.0%.

Staff believes the City has investment liquidity and anticipated revenues to meet the City’s anticipated expenditure requirements for the ensuing six months.

The following table shows a breakdown of cash and investment balance by fund type.

The book market value totals $146,725,133 including an unrealized loss2 of $360,790, reflecting treasury yields during the calendar year. All except for the General Fund balance is restricted by either City Council or external parties for specific purposes. Unrestricted cash and investment balance under General Fund ($36,825,621) may be used at Council discretion.

Fiscal Impact
None. This report is informational.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
2 Investment FMV factor is provided Quarterly basis. Thus, as of 06/30/2024 FMV factor is used to calculate Unrealized Gain on Investments.

Deposit Value Market Value
General Fund (Inc. Petty cash of $10,800) $ 38,425,621 $ 38,425,621 General Sub-Funds (Commited/Reserved) $ 17,497,791 $ 17,497,791 City Funds Restricted and Committed $ 89,291,374 $ 89,291,374 Successor Agency Trust $ 1,871,136 $ 1,871,136
Unrealized Gain on Investment Pools $ - $ (360,790)
$ 147,085,922 $ 146,725,133
Summary July 31, 2024
30 CONSENT ITEM 3.6
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.
31 CONSENT ITEM 3.6
Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.
32 CONSENT ITEM 3.7

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Latino/a Culture and History Month Proclamation Recommendation
Present the proclamation for Latino/a Culture and History Month.

Attachments

1. Proclamation
33 PROCLAMATION OF THE CITY OF EAST PALO ALTO CELEBRATING SEPTEMBER 15 THROUGH OCTOBER 15, 2024

AS LATINA/O CULTURE AND HISTORY MONTH
WHEREAS, the cultural life of East Palo Alto is enriched by the diversity of the Latino community, with ancestral roots in many parts of North America, Mexico, Central and South America, and the Caribbean, and WHEREAS, during this nationally designated month, we recognize the contributions made by Latinx individuals and organizations to the nation, state, and local communities, including to the City of East Palo Alto, and the Bay Area, and
WHEREAS, this month also serves as a time of study, reflection, and action on issues of concern to Latinos/as and the general community, be they in education, housing, health care, immigration, politics, economics, voting, etc., and
WHEREAS, the recent rise of anti-Latino/a, anti-Mexican, and anti-immigrant racism in the United States challenges not only the Latino/a community, but everyone to resist and defend people against all forms of oppression, and
WHEREAS, the COVID-19 pandemic exposed the vast structural inequalities in American society, and continues to inflict disproportionate suffering and pain to Latinas/os and other vulnerable communities, and WHEREAS, during this month seven Latin American countries celebrate their independence, namely: Mexico with its traditional 'Grito' on September 15, and also Chile, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua, and
WHEREAS, in other years the East Palo Alto Library, Comite Latino, Aspire Charter School, the Senior Centers in East Palo Alto and Belle Haven, Live in Peace, and this year more organizations, sponsor cultural and civic activities, and
WHEREAS, this year Comite Latino and the Academia Cultural will be hosted by the EPACENTER on Sunday, September 15 from 2:00 to 4:00 pm to kick off the month with a Fiestas Patrias Independence 'Grito' ceremony and launching a Calendario of events for the month, and encouraging the community to partake of the celebrations.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of East Palo Alto hereby proclaims September 15 through October 15 as Latino/a Culture and History month and acknowledges the East Palo Altan Latino community for their participation and work to keep improving the City of East Palo Alto.

Dated: September 3, 2024
Antonio D. Lopez, Mayor
34 CONSENT ITEM 3.8

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Suicide Prevention Day Proclamation
Recommendation
Present the proclamation for Suicide Prevention Day.

Attachments

1. Proclamation
35 PROCLAMATION OF THE CITY EAST PALO ALTO CITY COUNCIL DESIGNATING THE MONTH OF SEPTEMBER 2024 AS

SUICIDE PREVENTION MONTH
WHEREAS, East Palo Alto will join the county, state and country in honoring Suicide Prevention Month (September), National Suicide Prevention Week (September 4-10) and World Suicide Prevention Day (September 10) to spread the message that suicide can be prevented; and WHEREAS, in 2021, 54 people died by suicide (34% decrease from 82 in 2020) in San Mateo County; and WHEREAS, in 2020, 12,297 contacts were received by the San Mateo County StarVista Crisis Hotline. In July 2022, the StarVista Crisis Hotline received a 10% increase compared to July 2021, likely due to the debut of the 988 number on July 16.; and
WHEREAS, East Palo Alto residents are urged to play a role in supporting each other and preventing suicide by knowing the signs of suicide, finding the words to communicate and reaching out to local 24/7 resources, including our local San Mateo County StarVista Crisis Hotline (650-579-0350) or National Suicide Prevention Lifeline (988 or 1-800-273-TALK; and
WHEREAS, residents can also play a role in suicide prevention by supporting local Suicide Prevention Month events, advocacy days and communication campaign. Across the city, county and state, the 2022 September Suicide Prevention Month theme is “Take Action for Suicide Prevention – Thriving at All Ages”; and WHEREAS, beyond September, East Palo Alto has joined the San Mateo County Mayors Mental Health Initiative where mayors across the 20 cities in San Mateo County have come together with the mission of promoting awareness of and access to mental health resources in their communities; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Palo Alto, State of California, hereby designates September 2024 as Suicide Prevention Month and calls upon everyone in our community to find their role in suicide prevention.

Dated: September 3, 2024
Antonio D. Lopez, Mayor
36 CONSENT ITEM 3.9

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: American Muslim Appreciation & Awareness Month Proclamation Recommendation
Present the proclamation for American Muslim Appreciation & Awareness Month.

Attachments

1. Proclamation
37 AMERICAN MUSLIM APPRECIATION AND AWARENESS MONTH

CITY OF EAST PALO ALTO
WHEREAS, enriched by the unparalleled diversity of its residents, the City of East Palo Alto takes great pride in supporting individual religious freedoms and is strengthened by the many varied religious, political, and cultural traditions and contributions of its diverse populations, including those that practice Islam; and WHEREAS, the history of Islam in this country dates to before its founding, originating with enslaved Africans who brought their Muslim beliefs with them to the Americas and who later contributed in numerous ways to the founding of the nation, and there are today millions of American Muslims, both immigrant and native born, of diverse backgrounds and beliefs. Approximately 1,000,000 American Muslims currently reside in California, the highest number of any state in the United States; WHEREAS, over 15,000 Muslims live in San Mateo County1, and make innumerable contributions to the cultural, political, and economic fabric and well-being of California and the United States; WHEREAS, in 2023 the Council on American-Islamic Relations received 607 complaints of hate crimes or hate incidents, a 419% increase from the previous year, and over 8,000 complaints total, the highest-ever in its 30-year history;
WHEREAS, the city council acknowledges the importance of local government in advocating for peace and justice, understanding that Muslims everywhere deserve to live in peace and safety; and WHEREAS, it is appropriate to acknowledge and promote awareness of the myriad of invaluable contributions of American Muslims in California and across the country and extend to them the respect and camaraderie every American deserves; now, therefore, be it NOW THEREFORE BE IT RESOLVED, the City of East Palo Alto does hereby recognize the California State Designation of August 2024 as American Muslim Appreciation and Awareness Month to acknowledge the rich history, contributions, and guiding virtues of Muslims and to commend all Muslim communities in California for the lasting positive impact they have made toward the advancement of our city and country.

Dated: September 3, 2024
Antonio D. Lopez, Mayor
38 CONSENT ITEM 3.10

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Jeff Liu, Chief of Police
SUBJECT: Purchase of two Police Vehicles
Recommendation
Adopt a resolution:

1. Authorizing the City Manager to purchase two 2024 Dodge Durango Police Vehicles from Elk Grove Auto Group for the Police Department in an amount not to exceed $113,262.46; and

2. Waiving the formal bid procedure pursuant to East Palo Alto Municipal Code Section

2.84.070(D).

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Background
The City proposes to purchase two new 2024 Dodge Durango Police Vehicles for $113,262.46 to replace two vehicles that exceed the vehicle age and mileage limits set by City of East Palo Alto City Council Resolution Number 2532A.

On December 6, 2005, the City Council adopted Resolution No. 2532A, which established the City’s Vehicle Fleet and Replacement Guidelines. These Guidelines outline the standards by which the City replaces its vehicles. According to the Guidelines, patrol vehicles shall be replaced at five years or 100,000 miles (December 39 CONSENT ITEM 3.10
6, 2005 Staff Report and Resolution No. 2532A). This policy ensures City patrol vehicles remain operable with reasonable maintenance. This policy also ensures police vehicles are safe and effective, especially considering the high-risk nature of police driving.

Analysis
The purchase of these two vehicles will allow the Department to continue safe, effective and efficient management of its police vehicle fleet.

If Council approves the purchase of these vehicles, the City will replace two vehicles that are over five years old and/or have over 100,000 miles of service. After the police department puts the new vehicles into service, the vehicles being replaced will be mechanically assessed to determine whether they can be used as non-emergency City vehicles or for spare parts.

If either vehicle has no value, it will be disposed of in a manner approved by City Council resolution at a later date.

The City proposes to purchase the vehicles for $113,262.46 from Elk Grove Auto Group, a contractor on the State of California Statewide Contracts for Fleet Vehicles list. This list provides fleet vehicles at contracted pricing to the State of California and local governmental agencies. Elk Grove Auto’s contract #1-22-23-23E with the State has a term through April 30, 2026. Local governmental agencies have the same rights and privileges as the State under the terms of this contract, including pricing.

Staff recommends that the City Council waive the formal bidding requirements for this purchase in favor of using the State’s Statewide Contracts for Fleet Vehicles. Elk Grove Auto’s contract #1-22-23-23E with the State conforms to the State bid specifications, which was competitively bid. Additionally, pricing under this bid was updated in June 2023. Accordingly, it is not likely that conducting a new bid process for the purchase of these two vehicles will result in a lower price the City. Thus, the City Manager recommends dispensing with formal bid procedures under East Palo Alto Municipal Code Section 2.84.070 (D). 1 Fiscal Impact
The fiscal impact is $113,262.46 from the general fund. For the Fiscal Year 2024-25 budget, the Police Department budgeted $130,566 for vehicle purchases, which is adequate for these purchases.
1 “When other special circumstances require, and the City Manager recommends disregarding bid procedures, and City Council approval is obtained to disregard bid procedures and which expressly authorizes negotiations with one or more firms, persons, corporations, partnerships and/or associates for entities.” EPAMC 2.84.070(D).
40 CONSENT ITEM 3.10
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin outside City Hall and making the agenda and report available at the City’s website and the San Mateo County Library at 2415 University Avenue.

Government Code § 84308
Applicability of Levine Act: Yes.

Analysis of Levine Act Compliance: The signatory for the agreements is Andrew Villareal of Elk Grove Auto. Staff is unaware of any other parties or participants relevant to the Council’s consideration of this item.

Attachments

1. Resolution

2. Quote
41 Draft 1
Resolution No. XX-2024 1 of 2
RESOLUTION NO.______

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO PURCHASE TWO 2024 DODGE DURANGO POLICE

VEHICLES FOR THE EAST PALO ALTO POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $113,262.46; AND WAIVING THE FORMAL BID PROCEDURE PURSUANT TO EAST PALO ALTO MUNICIPAL CODE SECTION 2.84.070(D).

WHEREAS, the City Council adopted Resolution No. 2532A, which established the Vehicle Fleet and Replacement Guidelines (Guidelines) for city vehicle replacements; and WHEREAS, the replacement guidelines require the police department to replace patrol vehicles at five years or 100,000 miles; and
WHEREAS, pursuant to the Guidelines, it is necessary for the Police Department to purchase two Dodge Durango police patrol vehicles to ensure the safe effective and efficient management of its police vehicle fleet; and
WHEREAS, the Elk Grove Auto Group is a contractor and approved vendor on the State of California Statewide Contracts for Fleet Vehicles list, which provides fleet vehicles at contracted pricing to the State of California and local governmental agencies; and WHEREAS, Elk Grove Auto Group’s contract #1-22-23-23E with the State, which was competitively bid, has a term through April 30, 2026, and it allows local governmental agencies have the same rights and privileges as the State under the terms of this contract, including pricing, which was updated as of June 2023; and
WHEREAS, in light of the foregoing, the City Manager recommends dispensing with formal bid procedures pursuant to East Palo Alto Municipal Code Section 2.84.070(D), as it is unlikely conducting a new bid process for the purchase of these two vehicles will result in a lower price for the City;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;

2. Authorizes the City Manager to purchase two 2024 Dodge Durango Police Vehicles from the Elk Grove Auto Group for the Police Department in an amount not to exceed $113,262.46;

3. Waives the formal bid procedure pursuant to East Palo Alto Municipal Code Section

2.84.070(D); and

4. Finds that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) 42 Draft 1
Resolution No. XX-2024 2 of 2
in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney

43 Elk Grove Auto DATE April 2, 2024
8575 Laguna Grove Drive To: Quotation # 2943
Elk Grove, CA 95757 Jason Peardon
(916)509-8598 - Desk East Palo Alto PD
(916792-3672 - Cell
Prepared by: Andrew Villareal
(650) 521-1938
Comments or special instructions: Vehicle build and options are in additional pages.

AMOUNT
$ 40,400.00
$ 7,580.00
$ 1,150.00
$ 2,000.00
$ 51,130.00
DOC Fee $ 85.00
Taxable Subtotal: $ 51,215.00

9.875% $ 5,057.48
Tire Fee: $8.75
$ 350.00
Per Vehicle $ 56,631.23
QTY 2 Grand Total $ 113,262.46
State Contract # 1-22-23-23E
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):

Description
Upgrade to Pursuit
(Order Acknowledgment Signature) (Date)
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509- 8598 or email at [email protected]
Line #2 Dodge Durango AWD V6
Options (Refer to Window Sticker):

Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** Paint 2 Doors and Roof White
___________________________________________________
THANK YOU FOR YOUR BUSINESS!
44 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

Apr 2, 2024 Page 1
Note:Photo may not represent exact vehicle or selected equipment. [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37)
Prepared By
Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
916-509-8598-Desk
916-792-3672-Cell
[email protected]
45 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

Apr 2, 2024 Page 2
Table of Contents
• Vehicle Image
• Dealership Information
• Window Sticker
• Standard Equipment
• Weight Rating
• Technical Specifications
46 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

Apr 2, 2024 Page 3
Dealership Information
***PLEASE REVIEW THE "WINDOW STICKER," QUOTE, AND ALL INCLUDED INFORMATION AND SPECIFICATIONS FOR ACCURACY. IF A PURCHASE ORDER IS ISSUED, PLEASE INCLUDE A SIGNED COPY OF THIS QUOTE WITH THE "WINDOW STICKER." BY THIS QUOTE

BEING SIGNED AND RETURNED BY THE PURCHASING AGENCY, THE PURCHASING

AGENCY ACKNOWLEDGES THAT THE VEHICLE CONFIGURATION AND PRICE ARE ACCURATE.******TAX IS NOT INCLUDED IN THE QUOTE PRICE. PURCHASING AGENCY IS RESPONSIBLE FOR CALCULATING TAX. THE TAX RATE IS BASED ON THE REGISTRATION ADDRESS AND CANNOT BE A PO BOX. ******IF THE VEHICLE IS GOING TO BE DELIVERED BEYOND F.O.B. SACRAMENTO, ADDITIONAL COST WILL BE REQUIRED. *** Thanks!
Prepared By:

Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
(916)509-8598
[email protected]
47 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

Apr 2, 2024 Page 4
Window Sticker

SUMMARY
[Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD
Interior:Black, Cloth Bucket Seats w/Shift Insert
Exterior 1:DB Black Clearcoat
Exterior 2:No color has been selected.

Engine: 3.6L V6 24V VVT UPG I w/ESS
Transmission: 8-Speed Automatic (850RE)

OPTIONS

CODE MODEL MSRP
WDEE75 [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD

OPTIONS
2BZ Quick Order Package 2BZ $0.00
ADL Skid Plate Group $350.00
C5X9 Black, Cloth Bucket Seats w/Shift Insert $0.00
CW6 Deactivate Rear Doors/Windows $90.00
DFT Transmission: 8-Speed Automatic (850RE) $0.00
DLK 3.45 Rear Axle Ratio $0.00
ERC Engine: 3.6L V6 24V VVT UPG I w/ESS $0.00
GXF Entire Fleet Alike Key (FREQ 1) $350.00
LNA Black Right LED Spot Lamp $610.00
LNF Black Left LED Spot Lamp $640.00
MT8 Delete Liftgate Badge $0.00
PXJ DB Black Clearcoat $0.00
WBN Wheels: 18" x 8.0" Black Steel $0.00
XDG Passenger Side Ballistic Door Panel $2,710.00
XDV Driver Side Ballistic Door Panel $2,830.00
Z6K GVWR: 6,500 lbs $0.00
48 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Apr 2, 2024 Page 5

FUEL ECONOMY
Est City:18 MPG
Est Highway:25 MPG
Est Highway Cruising Range:615.00 mi
49 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

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Standard Equipment
Mechanical
Engine: 3.6L V6 24V VVT UPG I w/ESS (STD)
Transmission: 8-Speed Automatic (850RE) (STD)

3.45 Rear Axle Ratio (STD)
GVWR: 6,500 lbs (STD)
50 State Emissions
Transmission w/Sequential Shift Control
Full-Time All-Wheel
Engine Oil Cooler
650CCA Maintenance-Free Battery w/Run Down Protection
220 Amp Alternator
Trailer Wiring Harness
Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Police/Fire
1250# Maximum Payload
Nivomat Suspension
Front And Rear Anti-Rolls
Gas-Pressurized Front Shock Absorbers and Nivomat Brand Name Rear Shock Absorbers HD Suspension
Electric Power-Assist Speed-Sensing Steering

24.6 Gal. Fuel Tank
Single Stainless Steel Exhaust
Permanent Locking Hubs
Short And Long Arm Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Exterior
Wheels: 18" x 8.0" Black Steel (STD)
Tires: 255/60R18 On/Off Road
Wheels w/Chrome Hub Covers
50 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Exterior
Steel Spare Wheel
Compact Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Body-Colored Front Bumper w/Colored Rub Strip/Fascia Accent Body-Colored Rear Step Bumper w/Colored Rub Strip/Fascia Accent Black Side Windows Trim
Body-Colored Door Handles
Chrome Bodyside Insert and Colored Wheel Well Trim
Black Power Heated Side Mirrors w/Manual Folding
Fixed Rear Window w/Fixed Interval Wiper and Defroster
Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Perimeter/Approach Lights
LED Brakelights
Auto On/Off Projector Beam Led Low/High Beam Daytime Running Headlamps w/Delay-Off Laminated Glass
Entertainment
AM/FM/Satellite w/Seek-Scan, Clock, Speed Compensated Volume Control, Aux Audio Input Jack, Steering Wheel Controls and Radio Data System
Radio: Uconnect 4 w/8.4" Display
Streaming Audio
6 Speakers
GPS Antenna Input
Integrated Center Stack Radio
Integrated Voice Command w/Bluetooth
51 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Entertainment
2 LCD Monitors In The Front
Wireless Phone Connectivity
Interior
Bucket Front Seats w/Power 4-Way Driver Lumbar
12-Way Power Driver Seat -inc: Power Recline, Height Adjustment, Fore/Aft Movement, Cushion Tilt and Power 4-Way Lumbar Support
4-Way Passenger Seat -inc: Manual Recline, Fore/Aft Movement and Fold Flat 60-40 Folding Split-Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Oil Temperature, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows and Fixed 3rd Row Windows
Leather Steering Wheel
Front Cupholder
Rear Cupholder
Compass
Proximity Key For Doors And Push Button Start
Valet Function
Remote Keyless Entry w/Integrated Key Transmitter, 2 Door Curb/Courtesy, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Voice Activated Dual Zone Front Automatic Air Conditioning Rear HVAC w/Separate Controls
HVAC -inc: Auxiliary Rear Heater, Headliner/Pillar Ducts and Console Ducts Illuminated Locking Glove Box
Driver Foot Rest
Full Cloth Headliner
Interior Trim -inc: Leatherette/Metal-Look Instrument Panel Insert, Metal-Look Door Panel Insert and Chrome Interior Accents
Cloth Bucket Seats w/Shift Insert -inc: cloth rear seat Day-Night Auto-Dimming Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
52 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

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Interior
Partial Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 3 12V DC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Carpet Floor Trim
Full Vinyl/Rubber Floor Covering
Cargo Area Concealed Storage
Cargo Space Lights
FOB Controls -inc: Cargo Access and Windows
Google Android Auto
USB Host Flip
Apple CarPlay
Driver / Passenger And Rear Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Front Center Armrest w/Storage and Rear Center Armrest
#7 Seat Foam Cushion
Manual w/Tilt Front Head Restraints and Fixed Rear Head Restraints Sentry Key Immobilizer
Air Filtration
3 12V DC Power Outlets
Safety-Mechanical
Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
53 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Safety-Exterior
Side Impact Beams
Safety-Interior
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Blind Spot w/Trailer Detection Blind Spot
Collision Mitigation-Rear
ParkSense with Stop Rear Parking Sensors
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Curtain 1st, 2nd And 3rd Row Airbags
Airbag Occupancy Sensor
Driver Knee Airbag
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners ParkView Back-Up Camera

WARRANTY
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 100,000
Corrosion Years: 5
Corrosion Miles/km: Unlimited
Roadside Assistance Years: 5
Roadside Assistance Miles/km: 60,000
54 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Weight Ratings

WEIGHT RATINGS
Front Gross Axle Weight Rating: N/A
Rear Gross Axle Weight Rating: N/A
Gross Vehicle Weight Rating: 6500.00 lbs
55 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Technical Specifications
Powertrain
Transmission
Drivetrain All Wheel Drive Trans Order Code DFT
Trans Type 8 Trans Description Cont. Automatic w/OD
Trans Description Cont. Again N/A First Gear Ratio (:1) 4.71 Second Gear Ratio (:1) 3.14 Third Gear Ratio (:1) 2.11
Fourth Gear Ratio (:1) 1.67 Fifth Gear Ratio (:1) 1.28
Sixth Gear Ratio (:1) 1.00 Reverse Ratio (:1) 3.29
Clutch Size N/A Trans Power Take Off N/A
Final Drive Axle Ratio (:1) N/A Transfer Case Model None Transfer Case Gear Ratio (:1), High N/A Transfer Case Gear Ratio (:1), Low N/A Transfer Case Power Take Off No Seventh Gear Ratio (:1) 0.84 Eighth Gear Ratio (:1) 0.67
Mileage
EPA Fuel Economy Est - Hwy 25 MPG Cruising Range - City 442.80 mi EPA Fuel Economy Est - City 18 MPG Fuel Economy Est-Combined 21 MPG Cruising Range - Hwy 615.00 mi Estimated Battery Range N/A Engine
Engine Order Code ERC Engine Type Regular Unleaded
V-6
Displacement 3.6 L/220 Fuel System Sequential MPI
SAE Net Horsepower @ RPM 293 @ 6400 SAE Net Torque @ RPM 260 @ 4000 Engine Oil Cooler Regular Duty
Electrical
Cold Cranking Amps @ 0° F (Primary) 650 Cold Cranking Amps @ 0° F (2nd) 650 Cold Cranking Amps @ 0° F (3rd) N/A Maximum Alternator Capacity (amps) 220 Cooling System
Total Cooling System Capacity N/A
56 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Powertrain
Cooling System
Vehicle
Emissions
Tons/yr of CO2 Emissions @ 15K mi/year 8.4 EPA Greenhouse Gas Score 4.0 Chassis
Weight Information
Standard Weight - Front 0.00 lbs Standard Weight - Rear 0.00 lbs Base Curb Weight 4913 lbs Gross Axle Wt Rating - Front N/A Gross Axle Wt Rating - Rear N/A Curb Weight - Front N/A Curb Weight - Rear N/A Option Weight - Front 0.00 lbs
Option Weight - Rear 0.00 lbs Reserve Axle Capacity - Front N/A Reserve Axle Capacity - Rear N/A As Spec'd Curb Weight N/A As Spec'd Payload N/A Maximum Payload Capacity N/A
Gross Combined Wt Rating 11600 lbs Gross Axle Weight Rating N/A Curb Weight N/A Reserve Axle Capacity N/A
Total Option Weight 0.00 lbs Payload Weight Front 0 lbs Payload Weight Rear 0 lbs Gross Vehicle Weight Rating 6500.00 lbs Trailering
Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Wt Distributing Hitch - Max Trailer Wt. 6200 lbs Wt Distributing Hitch - Max Tongue Wt. 620 lbs Fifth Wheel Hitch - Max Trailer Wt. N/A Fifth Wheel Hitch - Max Tongue Wt. N/A Maximum Trailering Capacity 6200 lbs
Frame
Frame Type N/A Sect Modulus Rails Only N/A
Frame RBM N/A Frame Strength N/A
Frame Thickness N/A
57 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

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Chassis
Suspension
Suspension Type - Front Short And Long
Arm
Suspension Type - Rear Multi-Link
Spring Capacity - Front N/A Spring Capacity - Rear N/A
Axle Type - Front Independent Axle Type - Rear Independent Axle Capacity - Front N/A Axle Capacity - Rear N/A
Axle Ratio (:1) - Front 3.45 Axle Ratio (:1) - Rear 3.45 Shock Absorber Diameter - Front N/A Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires
Front Tire Order Code TXQ Rear Tire Order Code TXQ
Spare Tire Order Code N/A Front Tire Size P255/60TR18
Rear Tire Size P255/60TR18 Spare Tire Size Compact
Front Tire Capacity N/A Rear Tire Capacity N/A
Spare Tire Capacity N/A Revolutions/Mile @ 45 mph - Front N/A Revolutions/Mile @ 45 mph - Rear N/A Revolutions/Mile @ 45 mph - Spare N/A Wheels
Front Wheel Size 18 X 8 in Rear Wheel Size 18 X 8 in
Spare Wheel Size Compact in Front Wheel Material Steel
Rear Wheel Material Steel Spare Wheel Material Steel
Steering
Steering Type Rack-Pinion Steering Ratio (:1), Overall N/A Steering Ratio (:1), On Center N/A Steering Ratio (:1), At Lock N/A Turning Diameter - Curb to Curb 41 ft Turning Diameter - Wall to Wall N/A Brakes
Brake Type 4-Wheel Disc Brake ABS System 4-Wheel
Brake ABS System (Second Line) 4-Wheel Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 13.8 in 58 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

Apr 2, 2024 Page 15
Chassis
Brakes
Rear Brake Rotor Diam x Thickness 13 in Drum - Rear (Yes or ) N/A Rear Drum Diam x Width N/A
Fuel Tank
Fuel Tank Capacity, Approx 24.6 gal Aux Fuel Tank Capacity, Approx N/A Fuel Tank Location N/A Aux Fuel Tank Location N/A
Dimensions
Interior Dimensions
Passenger Capacity 5 Front Head Room 39.9 in
Front Leg Room 40.3 in Front Shoulder Room 58.5 in
Front Hip Room 57 in Second Head Room 39.8 in
Second Leg Room 38.6 in Second Shoulder Room 50.4 in
Second Hip Room 42.8 in
Exterior Dimensions
Wheelbase 119.8 in Length, Overall w/rear bumper N/A
Length, Overall 200.8 in Width, Max w/o mirrors 75.8 in Height, Overall 72.9 in Track Width, Front 63.9 in
Track Width, Rear 64.1 in Overhang, Front N/A
Overhang, Rear w/o bumper N/A Front Bumper to Back of Cab N/A Cab to Axle N/A Cab to End of Frame N/A
Ground to Top of Load Floor N/A Ground to Top of Frame N/A Frame Width, Rear N/A Ground Clearance, Front N/A
Ground Clearance, Rear N/A Min Ground Clearance 8.1 in
Body Length 0.00 ft Rear Door Opening Height N/A
Rear Door Opening Width N/A Liftover Height 32.2 in
Cab to Body N/A
59 Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Dodge Durango (WDEE75) Pursuit AWD (37) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 22101. Data Updated: Apr 1, 2024 6:52:00 PM PDT.

Apr 2, 2024 Page 16
Dimensions
Cargo Area Dimensions
Cargo Area Length @ Floor to Seat 1 N/A Cargo Area Length @ Floor to Seat 2 N/A Cargo Area Length @ Floor to Seat 3 N/A Cargo Box Width @ Top, Rear N/A Cargo Area Width @ Beltline N/A Cargo Box Width @ Floor N/A Cargo Box Width @ Wheelhousings N/A Cargo Box (Area) Height N/A Tailgate Width N/A Cargo Volume N/A
Cargo Volume to Seat 1 85.1 ft³ Cargo Volume to Seat 2 43.3 ft³ Cargo Volume to Seat 3 43.3 ft³ Ext'd Cab Cargo Volume N/A 60 CONSENT ITEM 3.11

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
BY: Melvin E. Gaines, City Manager
SUBJECT: Fiscal Year 2023-24 City Council Strategic Priorities Final Status Update Recommendation
Receive an update on the FY 2023/24 through FY 2024/25 Strategic Priorities Work Plan.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Promote Housing, Economic and Workforce Development Priority: Implement the Comprehensive Transportation and Mobility Plan Priority: Promote Health & Public Safety
Priority: Ensure Our Financial and Organizational Health Priority: Improve the City's Water Infrastructure
Priority: Develop and Implement a Comprehensive Facilities Master Plan Priority: Enhance Community Services and Parks for Residents Background
The City Council conducts an annual Priority Setting process to designate high-priority initiatives, ordinances, and/or projects. The goal of the Priority Setting process is to allow the administration to focus limited staff and financial resources on initiatives that the City Council identifies as the highest priorities. The Council held a Priority Setting session during its January 21, 2023, City Council Retreat and officially approved the seven Council Strategic Priorities for Fiscal Years 2023-24 and 2024-25 on April 18, 2023.

The seven priorities are listed in the above “Alignment with City Council Strategic Plan” section of this report. Within the seven priorities, Council identified 26 goals with 64 sub-goals or components. Staff provided updates on the FY 2023-24 Priorities Work Plan at the January 23, 2024, City Council Meeting (covering progress from July 1, 2023, through December 31, 2023) 61 CONSENT ITEM 3.11
and April 16, 2024, City Council Meeting (covering progress from July 1, 2023, through March 31, 2024. This report and Attachment 1 provide an update for progress through the end of FY 2023-24.

Analysis
The FY 2023-24 Work Plan includes 90 total projects. As shown in Table 1, at the end of FY 2023-24, 56 projects are in progress, 8 are deemed operational and will be removed from the list in future years, 8 are on-hold, and 18 have been completed.

Table 1. Status Summary
Project/Goal Status Count
On-hold 8
In-progress 56
Complete 18
Operational 8
Total 90
Across departments, the Public Works Department is the lead for 33.5 projects, the City Manager’s Office is the lead for 33.5 projects, the Community and Economic Development Department leads 17 projects, the Police Department leads 4 projects, and the Finance Department leads 2 projects. Regardless of lead department, most of the 90 projects require support and collaboration from other departments including the City Attorney’s Office. Table 2 below shows the number of projects that each department/division leads.

Table 2. Goals/Projects by Lead Department - Division
Department Number of Goals
/Projects1
Community and Economic
Development (CDD) 3
CDD – Building 1
CDD – Housing 6
CDD – Planning 6.5
CDD – Rent Stabilization Program (RSP) 0.5
City Manager’s Office (CMO) - Admin 16.5
CMO - Community Services (CS) 10
CMO - Human Resources (HR) 5
CMO – Information Technology (IT) 2
Finance 2
Police (PD) 4
Public Works (PWD) 33.5
Total 90
62 CONSENT ITEM 3.11
A comprehensive list of each goal and project with status updates is included in Attachment 1.

Next Steps
On April 16, 2024, the City Council approved adding 6 new projects to the FY 2024-25 City Council Priority Work Plan. That work plan also includes the 56 in-progress and 8 on-hold projects continuing from FY 2023-24. Staff will provide a progress update on the first quarter implementation of the FY 2024-25 Work Plan in October.

Fiscal Impact
There is no fiscal impact for this item.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
Applicability of Levine Act: No, as this item does not entail an entitlement.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Council Strategic Priorities Work Plan Update July 1, 2023, through June 30, 2024. 63 Promote Housing, Economic & Workforce Development
Goal Lead/Co-Lead Status Status Notes
1 Implement Measure HH Employment Program CDD - Housing In-Progress (1) Measure HH program consists of $0.76M contracts with Street Code Academy, Job Train, and Live in Peace collaborating to create local workforce development and job training pilot programs in the STEM and Building Trades fields. Programs are launched and status is updated quarterly and available online:
https://www.ci.east-palo-alto.ca.us/econdev/page/measure-hh-pilot-workforce-development-program.

Staff presented an update on the program progress on March 19, 2024 and Council suggested staff to start preparing for evaluation of the pilot upon completion of the 18-month pilot. Between March 2023 and March 2024, the organizations submitted three quarterly reports and invoices and expended $471,932.25 of the total $775,215 allocated. In response to Council’s March direction, on May 1, 2024 the City of East Palo Alto issued a Request for Proposals (RFP) and City Council approved a vendor on July 16, 2024. This selected firm will complete an evaluation of the pilot program. Staff and the selected firm are targeting a September 2024 Council meeting to provide the next update. 2 Continue to Implement the City's Affordable Housing
Strategy CDD - Housing Operational This project is considered an operational activity.

2.1 Present TOPA/COPA recommendations and other
opportunities to promote homeownership CDD - Housing Complete On December 6, 2023, the proposed TOPA/COPA ordinance was not adopted by Council. Project effort consisted of two+ years of community outreach meetings, Council presentations, research, ordinance drafting, responding to public queries, etc. Effort supported by the Partnership for the Bay's Future Policy Fellow, CMO and CAO. The Fellow looked for funding opportunities and other ways to promote homeownership and housing preservation through the end of the fellowship in May 2024.

2.2 Complete the updated Housing Element CDD/CMO Complete Housing Element adopted by Council on March 19, 2024. 2023-2031 Housing Element available online:
https://www.cityofepa.org/housing/page/housing-element-update-1. HCD Certified the Housing Element on 4/29/2024.

2.3 Implement the updated Housing Element CDD - Housing Operational This project is considered an operational activity.

2.4 Update Affordable Housing Strategy CDD - Housing Complete The Affordable Housing Strategy was updated and adopted by City Council on February 6, 2024. 2024- 2028 Strategy is available online: https://www.cityofepa.org/housing/page/affordable-housing-strategy

2.5 Establish Rent Registry for both stabilized and marketrate rental units.

CDD - RSP/CDD
- Housing In-Progress
Received Council direction on work plan on March 19, 2024. Staff will bring an ordinance back for consideration before the end of the fiscal year. A request for proposals (RFP) for a firm to help develop the registry was issued on June 28, 2024 and it is staff's goal to execute contracts by October 2024. Staff continue to explore potential registry options (meeting with other cities, speaking with vendors, etc.). 3 Create an Economic Development Strategy Focusing on
Small and Micro Businesses for City Council
Consideration
CMO/CDD In-Progress
Commenced preparation of a request for proposals (RFP) for an Economic Development Strategy. Hired a consultant from Regional Government Services to assist with RFP preparation. Retaining a firm to develop and prepare the ED Strategic Plan. Estimated to cost in the range of $100,000 to $150,000.

Planning to release RFP on September 2024
Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 Attachment 1
64 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 4 Convert the City's Cummings Loft property into office space that could be used as a small business incubator PWD In-Progress The City was awarded a $555,000 grant from the Small Business Administration to improve the former Redevelopment Agency's space at Cummings Loft for use as a local incubator space. City staff issued a request for design proposals in 2023. Staff received one proposal and City Council awarded a design contract on 04/16/24. Target Completion of design: April 2025. Construction will take place in 2025. 5 Implement Program to Distribute Community Resource
Funds Grant CMO/CS/CDD In-Progress
This is a City-sponsored grant program. In May 2023, staff presented a framework for the program and Council directed that the funds be allocated to four different service areas. Staff presented an updated framework to the City Council on 3/5/2024 and the Council directed staff to 1) release an RFP for Senior Home Repair Assistance with $125K, 2) Release a RFP for Small Business Assistance with $125K, 3) move $50,000 to the Community Services Division budget for Senior programs aimed at increased technical competence and prevention of scams, and 4) move $50,000 to the Community Services Division budget for youth civic activities. Staff anticipates releasing RFPs in Septmber 2024 and proposing awards to the City Council in the second quarter of FY 2024/25.
6 Revisit the West Side Area Plan Development Approval
Process CDD - Planning In-Progress
Staff are focused on updating the Development Code and will bring foward a separate item if needed to specifically address West Side Area Plan. The first of a series of updates will be agendized for September 2024.
7 Evaluate the Measure HH Pilot Workforce
Development Program
CDD - Housing/
CMO In-Progress
Staff presented an update on the 18 month pilot on March 19, 2024. Staff are working on evaluating the pilot and determining recommendations for next steps. The City Council will consider extending the program in September 2024.
8 Complete the Ravenswood Business District/Four
Corners Specific Plan Update CDD - Planning In-Progress Draft plan in process. City Council Study Session was held July 25, 2024. Another Study Session is scheduled September 24, 2024. The draft plan is scheduled to be complete by the end of 2024, following publication of SEIR.
9 Implement the First Source Hiring Program CDD Operational This project is considered an operational activity. City staff are developing program guidelines to be applied to City projects, projects on City property, or projects subsidized with City funds. 10 Streamline the ADU permitting process CDD - Planning Complete Municipal Code Update adopted on February 6, 2024. New forms and streamlined process implemented in compliance with updated code. The City hosted a community event on March 27, 2024 to share with East Palo Alto residents, homeowners, developers, and other stakeholders about the ADU development code updates and new informational materials available. 11 Work with partners to complete construction of 965
Weeks/Colibri Commons CDD - Building In-Progress Development project is in the building phase. Construction is anticipated to conclude by the end of 2025. 12 Update the Zoning Code to address permanent
supportive housing, housekeeping units, residential
care facilities, etc. as well objective design standards CDD - Planning In-Progress
Staff plans to present an additional Municipal Code update to Council in mid 2024, including Housing Element related clean up items. Another municipal code update, including objective design standards, is planned for late 2024/early 2025.
65 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 Implement Comprehensive Transportation and Mobility Plan Goal Lead/Co-Lead Status Status Notes
1 Implement the Comprehensive Transportation and
Mobility Plan

1.1 Implement Short-term Improvements as Identified in
the Final Mobility Report PWD Complete Practical short-term measures implemented and completed in 2023.

1.2 Implement Mid-term Improvements as Identified in
the Final Mobility Report PWD In-Progress
Mid-term improvement elements to be implemented over 5+ years. $1.0M grant for University Avenue Grand Corridor conceptual planning received through the Measure W competitive program which will study mid-term strategies. City in regular contact with other entities regarding Facebook Willow Village development.

1.3 Initiate a Parking Permit Pilot Program PWD In-Progress Staff is developing a pilot program for City Council consideration. First draft presented to City Council on June 18, 2024. Updated draft will be presented to Council in Winter 2024. 2 Construct University Bicycle/Pedestrian Overcrossing PWD In-Progress Construction is underway. Anticipated completion in 2025. 3 Explore a potential public infrastructure revenue
measure for the November 2024 Election CMO Complete
The City entered an agreement with the Lew Edwards Group (LEG) who oversaw a community poll and focus group sessions to gauge community priorities and support for revenue measures in 2023.

Additional polls were conducted in April 2024. LEG shared polling results on 7/16/2024 and the City Council decided not to place a ballot measure in the November 2024 election.

3.1 Design East Bayshore Sidewalk Improvement Project PWD In-Progress The City was awarded a $400,000 grant for design phase. The City awarded a design contract to CSG consultants in April 2024. The design is anticipated to be completed in December 2024. Construction is estimated to cost $3.4M, of which the City has secured $1.475M has been secured from CCAG and congressional directed spending. The City will pursuit additional construction funds in Fall 2024.

3.2 Seek funding and construct East Bayshore sidewalk
improvements PWD/CMO In-Progress
Staff is actively seeking construction funds and is applying for transportation grants. The City received congressional directed spending of $850,000 in DOT funds for this project. The City was also awarded $625k of Lifeline Transportation Program Cycle 7 funds for construction. The City will pursuit Cycle 7 Bike/Ped Program Funding for the remaining $1,925,000 in estimated construction costs.

3.3 Design University Ave. safety improvements PWD Complete The City was awarded a $1.2M grant and design phase is initiated. The design work was completed early 2024. The project will be bid out for construction in Fall 2024.

A Construct University Ave. safety improvements PWD In-Progress Construction estimated to occur January 2025 through June 2025. This project will primarily include upgrading University/Runnymede intersection and construct a new traffic signal.

3.4 Continue work with consultant to identify and apply for grants PWD/CMO Operational
This project is considered an operational activity. With Ken Brown consultants, staff seek and review federal and state grant opportuntities as occur. Currently, staff is at capacity to implement and build projects for several previously awarded grants.

3.5 Implement updated water capital surcharges PWD/CMO Complete Council adopted updated charges in March 2023. 4 Replace the temporary traffic circles on Pulgas Avenue with mini roundabouts PWD In-Progress
Complete design and replace the temporary traffic circles with mini roundabouts to enhance safety and aesthetics. Staff received grant funds to complete the preliminary design of the mini roundabouts on Pulgas Avenue. On 3/19/2024, City Council authorized a contract amendment with ALTA Planning + Design to complete the PS&E package for the two mini-roundabouts. Staff anticipates design completion by Fall 2024. The goal is to bid out the project and begin construction by the end of 2024. (Goal – to complete construction by end of FY 24/25 pending construction funds). 66 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 5 Construct Bus Stop Shelter Improvements using AHSC
grant funds PWD In-Progress The project is under active construction and should be complete by April 2025 6 Finalize the Addison Avenue Safe Routes to School and Green Infrastructure project PWD Complete The project is in the closeout phase. 7 Construct the University Avenue at Runnymede Traffic
Signal Improvements PWD In-Progress This project is included in 3.3. Design was completed April 2024. The project will be bid out for construction in December 2024. 8 Design the East Bayshore sidewalk improvements with
grant funds Secure funding to design the University
Avenue Grand Corridor:

PWD In-Progress This projet is included in 3.1. The City awarded a design contract to CSG consultants in April 2024. The design is anticipated to be completed in December 2024. 9 Complete the Street Lighting Upgrade Project (70
streetlights and Clarke Avenue overcrossing) PWD In-Progress This project is underway and will continue through FY 24/25. The streetlight installations will occur on city-owned poles as well as PG&E poles. New street lights on PG&E poles are subject to their approval which is anticipated in Q3 24/25.
10 Construct University Avenue safety improvements PWD In-Progress This project is included in 3.3.A Design was completed April 2024. The project will be bid out for construction in Fall 2024.
67 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 Promote Health & Public Safety
Goal Lead/Co-Lead Status Status Notes
1 Enhance Flood Protection for Residents, Businesses,
and Property Owners

1.1 Enhance Community Flood Protection through
collaboration with SFCJPA on San Francisquito Creek
Reach 2 improvements
PWD/CMO In-Progress
The Reach 2 Project is led and coordinated by the San Francisquito Creek (SFC) JPA. The total project cost estimate is $60M, and is approximately 70% funded. The project consists of four main construction elements planned to occur between Summer 2024 and 2026. City staff are in contact with SFCJPA and agency partners on a regular basis.

1.2 Enhance Community Flood Protection through
collaboration with SFCJPA to implement the Safer Bay
Project
PWD/CMO In-Progress
The Safer Bay Project is a multi-benefit, multi-jurisidctional collaboration led and coordinated by the SFCJPA. The SFCJPA is conducting technical and scientific studies in anticipation of releasing a draft Environmental Impact Report in 2025. The City has been awarded a FEMA grant of $17.5M and provided $4.5M in local match to support $22M in local construction costs related to the project. City grant project is on-hold pending completion of other project phases. The City's grant portion will be actively underway in Q2 24/25. The City will be required to secure a design consultant and oversee the design phase from 30% through 100%.

1.3 Coordinate with City of Palo Alto on the Newell Street Bridge Replacement Project PWD In-Progress
Represents a $16M sub-project of the SFC-JPA Reach 2 Project 1.1 above. City of Palo Alto is lead agency.

Project plans and specifications are complete, and partners are currently seeking additional grant funding. Coordination with utility owners is underway and most of the temporary construction easements have been secured. The project will be bid for the construction phase in Q3 24/25 as funding is secured.
2 Resolve Sanitary District Incorporation Matter

2.1 Transition EPASD from an independent organization to a City subsidiary

CMO/CAO/
PWD/FIN In-Progress
LAFCo denied EPASD's request for reconsideration on February 7. The protest period began Feb. 12 and concluded May 22, 2024 with none of the protest thresholds to overturn LAFCo's decision or require a voter decision being met. The City met all of LAFCo's conditions of approval; however, EPASD filed a lawsuit which is scheduled for a ruling in August 2024. The City anticipates taking over EPASD once the legal matters are resolved. This could be as early as September 2024. The City continues to prepare to operate EPASD, including EPASD finances, billing and customer service, new service connections, day to day operations (through an operations agreement with West Bay Sanitary District) and manage sanitary capital projects.
3 Develop a Community Emergency Preparedness and
Education Initiative

3.1 Build EPA CERT Team Membership PD/CMO Complete
Menlo Park Fire District administers the CERT program in East Palo Alto, which we are able to access when the need arises. Currently the membership hovers around 40-50 members and have all been sworn in as Disaster Service Workers. Additionally, the Menlo Park Fire District works with community groups interested in helping during times of need, but do not necessarily desire to be CERT certified.

MPFD also administers and Emergency Radio Communications group (eg. HAM Radio operators) who are available as the need arises. Working with EPA CERT to recruiting and training additional residents

3.2 Establish emergency communication protocols with
community partners PD/CMO In-Progress
In coordination with Menlo Park Fire District, researching social media and emergency alert notification channels with planned community outreach efforts to expand information access. Target Completion:

October 31, 2024. Linking specific support partners for agreement to provide services and/or materials needed in a disaster.
68 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024

3.3 Update Disaster Preparedness Plan PD/CMO In-Progress Currently researching plan format and regulatory requirements with goal of simplifyng current plan for ease of reference and use. Target Completion: Ocotber 2024. Working with the DEM's to formulate and update the current EPA plan the city will train staff and residents from and use in the process of any City emergency. DEM's will work to make sure EPA is using best practises and SMC approved responses. 4 Develop the Police Department’s Data Analytics
Capacity
PD In-Progress If awarded a pending grant, work with the County C3AI data project and California State University East Bay to study East Palo Alto crime trends, responses, and statistics. 5 Rehabilitate the O’Connor Pump station PWD In-Progress Replace diesel engines and perform electrical upgrades with $800K USEPA grant funds. Project is currently in the process of finalizing scope and CEQA. Design to begin in Q1 24/25 with construction beginning in Q2 25/26.
6 Construct improvements to the San Francisquito Creek
bank PWD Complete Enforce the slope at San Francisquito creek to prevent further erosion. This project was completed Summer 2024. 7 Upgrade the Stormwater System to meet State trash
capture requirements
PWD In-Progress 90% trash capture project to be completed by Q2 24/25. Full Trash Capture is mandated by the State Water Resources Control Board by 2025. This will be accomplished by bidding out two separate projects. 8 Complete the update of the Environmental Justice
(Health & Equity) Element of the General Plan CDD - Planning In-Progress Data gathering in process. Community outreach phase began in April 2024. First community workshop held in person at YMCA on May 23, 2024. Project completion anticipated in mid to late 2025. 9 Complete the update of the Safety Element of the
General Plan CDD - Planning In-Progress Data gathering in process. Community outreach phase started in February 2024, two workshops held on March 13 and April 3. Project completion anticipated in late 2025. 10 Evaluate emergency shelter sites CMO In-Progress The City has partnered with Red Cross and identified 3 strategic emergency evacuation locations that will provide emergency shelter, food, and medical service. The formal agreement is still being finalized. 69 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 Ensure Fiscal & Organizational Health
Goal Lead/Co-Lead Status Status Notes
1 Address Structural Deficit Through Fiscal Resiliency
Measures

1.1 Assess and Prepare for Utility Operational and Finance Needs PWD/FIN In-Progress
The City hired a Utility Manager who will oversee water, solid waste, and potentially sanitary district matter. The City is preparing for EPASD governance while also planning for water operations beyond 2026. The City Council adjusted solid waste rates in June 2024.

1.2 Analyze needs, strategies and community support for funding public infrastructure CMO Complete
With Lew Edwards Group (LEG), the City conducted community outreach meetings/communication to assess community interest related to both services and infrastructure. Results were presented to the City Council in July 2024.

1.3 Perform Impact Fee Nexus Study CMO/PWD In-Progress Draft Nexus Study was presented to the City Council in June 2024. The final Nexus Study will be adopted following completion of the RBD Specific Plan, anticipated in December 2024. 2 Develop 10 Year Financial Projections FIN In-Progress A 10-year financial projection model for a municipality serves as a strategic planning tool, aligning fiscal policies with community goals, aiding in risk management, and communicating financial plans to residents. This comprehensive tool assists in capital budgeting, enabling efficient resource allocation and providing insights into long-term financial sustainability for the municipality. The first phase of the model has been issued and was presented to Council in the April 2024 Budget Message. Staff is currently working to update the model using the most recent data available including FY2024-25 Adoptet Budget and FY2023-24 ACFR (to be issued in December 2024).
3 Plan and Implement an Enterprise Resource Planning
(ERP) System FIN/CMO In-Progress
As of December 2023, all financial activities, including payroll, accounts payable, and budgeting, have successfully migrated to the new system. Staff members are already noticing significant improvements in efficiency and data accessibility. This transition reflects a massive undertaking citywide, and we are nearing the final stages of implementation. Despite encountering some obstacles, this project is an unmitigated success, especially when considering the scale of change. There are a few functions in the system that are pending for implementation including the budget module and the approval function which are expected to be finalized by October 2024.
4 Focus on Staff Morale, Retention, Recruitment &
Succession Planning

4.1 Update the City's Personnel Policies and Procedures CMO - HR In-Progress Draft document prepared. Citywide management and employee review process, including meet and confer elements, estimated to begin January 2025. Target Completion: Fall 2027. Effort supported by consultants, outside legal. Now that labor contracts are closed, labor asked the City to prioritize Benefit Committee Meetings to possibly implement structural benefit changes for 2025 CY.

4.2 Launch Health & Wellness Initiative CMO - HR Complete Launched outreach for virtual employee seminars; on-site heath and wellness events in October 2023.

Annual employee hybrid seminars are confirmed through December 2024. Staff are in the process of collecting employee data to improve moral. These programs will allow the team to collaborate and focus on team building which is what we need to become a successful team! The City is fully committed and invested in our staff's mental health. The program includes topics such as Self-Development: The Road to Balance Your Work & Family Life, Communication, Creating Healthy Teams, Health & Wellness. Digital Distractions: Use Technology, Don’t Let it Use You, etc. This project launch is complete and the work is now operational.

4.3 Update the City's recruitment process CMO - HR Complete Standardized operating procedures for the hiring process. Completed April 2023 70 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024

4.4 Develop and Launch an Employee Training and
Development Program CMO - HR Complete
Primarily consists of revamping employee orientation process, standardizing and auditing regulatory training requirements. New orientation standards implemention November 2023. Standardizing training implemented over six months phases beginning November 2023. The Mandatory and employee training and developemnt programs continue to roll out and improve such as Building & Cultivating Trust as a Leader, Diversity, Equity, and Inclusion (DEI) training series to help foster a culture of respect, understanding, and inclusivity within our organization, FMLA/CFRA/Reasonable Accomodations Overvew for Supervisors, Memorandum of Understandings (MOU) Overview, Active shooter, CPR, Earthquake & Fire Drill, and so much more! We are actively seeking feedback from staff to help CMO in developing and incorporating more trainings. This project kick off is complete and is now operational.

4.5 Compensation Study/ Market Movement Study CMO - HR Complete Completed a compensation market movement study analysis which help set the stage for bargaining.

Considering a full scope classification and compensation study after 3 year contract. 5 Develop an Information Systems Master Plan

5.1 Coordinate continuation or completion of contract
services provided by Redwood City CMO - IT In-Progress The City intends to bring IT in house in Fiscal Year 2024-25

5.2 Develop a citywide Information Systems Master Plan CMO - IT On-hold Draft RFP prepared and under review; pending outcome of item 5.1 above. 71 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 Improve the City's Water Infrastructure
Goal Lead/Co-Lead Status Status Notes
1 Focus on Customer Service and Education

1.1 Plan for Water System Operations in 2026 CMO/PWD/CA O/FIN In-Progress
Current Water System Operator lease expires approximately April 2026, and current lease terms are under outside legal review. Project includes multi-departmental consideration of options for long-term operational needs, including RFP for consulting services to consider cost/considerations under differing options. Target Completion: June 2025.
2 Advance Key Water Infrastructure Projects

2.1 Complete Construction of 12" Water Transmission Line on University Ave.

PWD In-Progress Project construction is underway. Target Completion: February 2025

2.2 Complete Construction of Water Intertie at
University/Woodland with Palo Alto PWD In-Progress Project construction is underway. Target Completion: December 2024

2.3 Identify Potential Locations for Additional Water
Storage
PWD In-Progress Staff prepared a request for proposal (RFP) to conduct a water tank siting study and provide analysis of options for water storage capacity of 3+ million gallons. Target Council Presentation: January 2025.

2.4 Investigate State and Federal Water Funding
Opportunities, including WIFIA and DWSRF CMO/PWD/FIN Operational This project is considered an operational activity.

2.5 Proactively Design Additional Water Improvement
Projects
PWD On-hold
This project involves working with the City's on-call consultant to design priority 1A water infrastructure projects identified in the Water Master Plan. This activity will begin upon completion of construction of the 12" watermain on University Avenue. (See 2.1 above) 3 Develop a Water Infrastructure Financing Plan CMO/PWD/FIN In-Progress The City received $800,000 from the US Environmental Protection Agency in FY 2023 Congressionally Directed Spending (FY 2023 Omnibus Appropriations Bill). The City will use these funds to hire a consultant to develop a water infrastructure financing plan that will outline an effective strategy for the City to leverage existing resources such as water capital improvement fees paid by ratepayers and grant funds to pay for needed water system improvements
4 Develop a water asset management database PWD In-Progress Update all water related assets into a GIS and asset management software system. (Goal – to be complete with the first phase by Q1 24/25). The project will continue through FY 24/25 to establish additional layers.
72 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 Develop and Implement a Comprehensive Facilities Plan
Goal Lead/Co-Lead Status Status Notes
1 Coordinate with the Library District to Advance a New Library for East Palo Alto

1.2 Complete Library Design PWD In-Progress Citywas awarded, a $1.5M grant for design of the Library. The City Council appropriated an additional $1.7M for design and awarded a design contract to Noll and Tam Architects. Design is underway.

1.1 Work with the SMC Libraries to identify and implement a comprehensive funding strategy for library
construction
CMO In-Progress
Rough construction estimates are approximately $43M. The City has not secured funding yet. The City unsuccessfully applied for a $10M State grant. The City continues to partner with SMCL and the SMCL Foundation on efforts to fundraise for library construction. SMCL Foundation contracted with Lotus Consulting to do a fundraising feasibility study and plan. The plan was completed in May 2024, and the City is working with SMCL and the SMCL Foundation on fundraising efforts. 2 Investigate Options for Developing County Vacant
Property Located on Beech Street

2.1 Endeavor to Finalize Acquisition of County-Owned
Beech Street Property CMO/CDD On-hold
While in the final phase of property exchange and acquisition details, SMC informed the City they are no longer interested in swapping Beech Street for 2277 University because they don't believe 2277 University is feasible for housing. The City Manager and County Executive will have further discussions to determine next steps.

2.2 Advance Parks Master Plan Vision for MLK Jr. Park and Beech Street Property CMO - CS/PWD On-hold
The City is preparing CEQA analysis for Master Plan, including potential Beech Street expansion - estimated Council study sessions in Spring 2024. The property exchange hold up (see 2.1 above) has hindered advancement of this project.
3 Develop a Detailed Strategy for the Location of the
Future Police Department

3.1 Conclude consideration of potential interim or longterm Police Department sites CMO/PD In-Progress The City renewed the lease for 141 Demeter Street through October 2029 with two one-year extension options that could take the lease through 2031. The City will continue to explore alternative police department location for beyond 2029.

3.2 Provide the Council recommendations for Police
Department sites after October 2025 CMO/PD Complete Police operations will remain at 141 Demeter through October 2029.

3.3 Implement necessary actions to enable police
department operations after October 2025 CMO/PD In-Progress The lease has been renewed and the improvements to 141 Demeter Street are in-progress as those are necessary for the facility to be useful. 4 Complete the City Hall Improvements Planning
Process

4.1 Resolve County consideration of 2415 University for City's exclusive or shared use CMO On-hold The County has been doing building "improvements" and there is uncertainty around the County's intentions related to occupancy of spaces currently occupied by non-City tenants.

4.2 Investigate potential partnership opportunities with future development projects CMO/CDD On-hold On-hold pending completion of RBD Specific Plan, including related Impact Fee Study implications. Current economic conditions estimated to impact timing of available opportunities.

4.4 Bid and construct the City Hall TI at the former police evidence room PWD In-Progress Workspace currently under County HVAC renovations. Staff is bidding this project together with PD and Tate facility improvements. Construction project estimated to begin in Q2 24/25. 73 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 Enhance Community Services and Parks for Residents
Goal Lead/Co-Lead Status Status Notes
1 Foster Community Cultural Events & Activities

1.1 Facilitate City Sponsored Events on Operational Basis CMO - CS Operational This project is considered an operational activity. Total of eight events occured in 2023; including City Anniversary celebration.

1.2 Consider organizational structure and external
partnerships to best provide cultural events CMO - CS Operational This project is considered an operational activity. 2 Completion and Implementation of the Parks Master
Plan

2.3 Advance Design of Martin Luther King, Jr. (MLK) Park Expansion Project CMO - CS On-hold Refer to Goal 2.2 above under "Develop and Implement a Comprehenive Facilities Plan".

2.4 Advance Design of Bell Street Park Project in
Partnership with Magical Bridge Foundation CMO - CS On-hold Plan Phase I complete and project re-scaled and considered with community outreach. Phase II - on hold to consider best program outcomes.

2.5 Consider a pilot dog park program at an existing park or under utlility power lines CMO - CS In-Progress
This sub-goal primarily is being considered with the MLK Park Expansion Plan. Refer to Goal 2.2 above under "Develop and Implement a Comprehenive Facilities Plan". For other potential sites, staff plans to engage community and vet potential options. Staff is still seeking to close out CEQA for Martin Luther King Junior Park specific plan and seek community engagement in 2025. Continued target date of 7/25. 3 Focus on Youth Engagement

3.1 Consider establishing a Youth Commission and/or
youth appointees to City Boards/Commissions CMO - CS In-Progress Staff is in the process of releasing an RFP for consultation that will comprehensively address the needs of a Youth governing body in the City. Following this 45-60 day selection process, staff will begin laying the framework for what an advisory body will look like by seeking community engagement. It is anticipated that this will take place until October 2024 with an estimated timeline for community engagement by Spring 2025.

3.2 Strengthen partnerships with outside organizations for comprehensive focus on youth issues CMO - CS In-Progress Given the success of partnerships with organizations like: YMCA, EPACenter for the Arts, YCS, Foundation for a College Education, and others through our Summer Park Activation program, staff is constantly seeking the input of youth-focused organizations. More efforts are underway during the process of establishing a Youth Advisory Body. The City hosted its first Job Shadow Day in July 2025. Completion of Youth Summit has new target date of Spring 2025.
4 Engage with Community & Partner Agencies to
Improve Educational Resources/Outcomes

4.1 Explore Partnerships with School District & Other
Entities Regarding Potential Joint Use CMO - CS In-Progress Staff is in discussion with RCSD to explore shared interests and potential financial options. Seeking shared facilities agreements with RSD. The City received congressional funding for Ronald McNair Field which will help advance discussions. Conversations with RCSD are continuing and hope to include the soon to be completed CCRMS field. New Target Report Date: Summer 2025

4.2 Build Relationships with Foundations/Philanthropic
Organizations to Identify Partnerships CMO - CS Operational This project is considered an operational activity. 5 Construct the Joel Davis Park restroom PWD Complete Restroom construction was completed 74 Fiscal Year 2023-24 City CouncilStrategic Priorities Work Plan Update July 1, 2023, through June 30, 2024 6 Secure Bay Trail access at Rutgers Street CMO - CS/PWD In-Progress Staff from the Public Works and Community Services initiated the work in January 2024 with SFPUC to explore the creating a pedestrian pathway at the Rutgers St. Bay Trail entry. Following the approval, Staff began conversation with Mid-Peninsula Regional Open Space District who also has easements in place at the area to determine feasibility of placing an entry point. Staff is currently in the design phase of the gate for final approval from SFPUC. Pending this approval. The City is currently reviewing the MoU to the Bay Trail with MidPen Construction Plans and Specifications should be complete by 9/2024. New estimated timeline of completion by Spring 2025.
75 CONSENT ITEM 3.12

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: City Council Meeting Minutes
Recommendation
Adopt the August 20, 2024, City Council Meeting Minutes.

Attachments

1. August 20, 2024, Minutes.
76 EAST PALO ALTO CITY COUNCIL

SPECIAL MEETING MINUTES
Tuesday, August 20, 2024, 5:00 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The City Council meeting was called to order by Mayor Lopez at 5:04 PM.

Attendee Name Title Status Left Meeting
Antonio Lopez Mayor Present
Martha Barragan Vice Mayor Present
Carlos Romero Councilmember Absent
Ruben Abrica Councilmember Present
Lisa Gauthier Councilmember Present

2. APPROVAL OF THE AGENDA
A motion to approve the agenda was made by Councilmember Gauthier, seconded by Councilmember Abrica, and passed unanimously.

3. APPROVAL OF THE CONSENT CALENDAR
Councilmember Abrica requested that item 3.1 be pulled for discussion. A motion to approve the consent calendar except for item 3.1 was made by Vice Mayor Barragan, seconded by Councilmember Gauthier, and passed unanimously.

1. Increasing the Bridge Loan to Creative Montessori Learning Center of East Palo Alto
City Clerk, James Colin, made an update to the amounts being approved. Diana Buffington provided public comment.

A motion to approve item 3.1 was made by Vice Mayor Barragan, seconded by Councilmember Gauthier and passed unanimously.

4. CLOSED SESSION
77 4.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1).) Name of Case: East Palo Alto Sanitary District v. San Mateo Local Area Formation Commission et al.;

4.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6.)
Unrepresented employee: City Attorney
City Attorney, John Le, reported that there was no reportable action.

5. POLICY AND ACTION

1. Chapter 2.12 (City Manager) Amendment regarding Sanitary District
City Attorney, John Le presented on item 5.1. Councilmembers posed questions. Leland Francois and Court Skinner provided public comment.

A motion to approve item 5.1 was made by Councilmember Gauthier, seconded by Vice Mayor Barragan and passed unanimously.

6. ADJOURNMENT
The meeting was adjourned at 5:40 PM
78 CONSENT ITEM 3.13
368472.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: John D. Lê, City Attorney
SUBJECT: Chapter 2.12 (City Manager) Amendment regarding Sanitary District Recommendation

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
 Promote Health & Public Safety.

Background
On November 15, 2024, the San Mateo Local Area Formation Commission (“LAFCo”) unanimously approved the City’s application requesting that the East Palo Alto Sanitary District (“District”) be made a subsidiary of the City of East Palo Alto.

On July 17, after the protest period commenced and concluded, the LAFCo held a hearing certifying the results of the protest, concluding that opponents of the proposal had failed to garner enough protests from either voters or landowners to either terminate the application or require an election. Accordingly, the LAFCo certified those results. 79 CONSENT ITEM 3.13
368472.1
Meanwhile, the City has made steady progress and is nearing completion of all three conditions of approval related to the approved application and is waiting a ruling by the San Mateo County Superior Court. Staff is requesting that the Council take the following preparatory action: in the event, that the LAFCo issues a certificate of completion, the Municipal Code sections relating to the responsibilities of the City Manager shall be clarified, in an abundance of caution only, to ensure seamless transition of the District to a subsidiary district of the City, including that the City Manager shall have authority over the general manager of the District, as an employee and over any contractors retained by the District.

Analysis
Pursuant to Chapter 2.12 (Powers and duties), the City Manager of the City of East Palo Alto is vested with administrative powers, including the control over any “heads of departments” or “subordinate officers,” the power to remove each of the City’s “officers or employees,” and the responsibility to “administer” and carry out all contracts. It is the City Attorney’s Office’s opinion that the City Manager’s responsibilities codified in Section

2.12.070 of the East Palo Municipal Code sufficiently authorize him to function as the general manager of the District in the event it becomes a subsidiary district of the City.

Nonetheless, to resolve all doubt and in an abundance of caution, staff recommends that these powers be made explicit to avoid any delay in execution of services by the District to its ratepayers. To effectuate this purpose, staff recommends adding a new Section

2.12.150 (Subsidiary districts). Any additional responsibilities of the City Manager shall become effective from the date of filing of a Notice of Completion.

At a special meeting on August 20, 2024, the Council opened the public hearing and waived the first reading of an ordinance amending portions of the East Palo Alto Municipal Code related to the powers and duties of the City Manager (Chapter 2.12) as discussed herein and set forth therein (attached ordinance). The ordinance is now before the Council for adoption.

Fiscal Impact
There are no fiscal impacts associated with the proposed action as it merely clarifies what the law otherwise provides.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
80 CONSENT ITEM 3.13
368472.1
The proposed action is not a “project” under California Environmental Quality Act (CEQA) because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because a clarification of the City’s administrative structure has no potential to alter the physical environment; (ii) pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason and (iii) pursuant to CEQA Guidelines section 15320(a) as involving the establishment of a subsidiary district.

Government Code § 84308
Applicability of Levine Act: No, as no contract or permit is involved.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Ordinance
81 368061.2
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADDING A NEW SECTION 2.12.150 OF THE EAST PALO ALTO MUNICIPAL CODE

GRANTING ADDITIONAL POWERS TO THE CITY MANAGER OF THE CITY OF

EAST PALO ALTO IN THE EVENT A SUBSIDIARY DISTRICT OF THE CITY OF

EAST PALO ALTO IS ESTABLISHED
WHEREAS, on November 15, 2024, the San Mateo Local Area Formation Commission (“LAFCo”) unanimously approved the City’s application requesting that the East Palo Alto Sanitary District (“District”) be made a subsidiary of the City of East Palo Alto; and
WHEREAS, on July 17, after the protest period commenced and concluded, the LAFCo held a hearing certifying the results of the protest period, concluding that the District had failed to garner enough protests from either voters or landowners to either terminate the application or require an election. Accordingly, the LAFCo certified those results; and
WHEREAS, pursuant to Chapter 2.12 (Powers and duties), the City Manager of the City of East Palo Alto is vested with administrative powers, including the control over any “heads of departments” or “subordinate officers,” the power to remove each of the City’s “officers or employees,” and the responsibility to “administer” and carry out all contracts; and
WHEREAS, the City Manager’s responsibilities codified in existing Section

2.12.070 of the East Palo Municipal Code sufficiently authorize him to function as the de facto manager of the District in the event of a change of organization establishing a subsidiary district of the City; and
WHEREAS, nonetheless, to resolve all doubt and in an abundance of caution, staff had recommended that these powers be made explicit to avoid any delay in execution of services by the District and its ratepayers; and
WHEREAS, to effectuate this purpose, staff recommended to the East Palo Alto City Council to add a new Section 2.12.150 (Subsidiary districts) such that any additional responsibilities of the City Manager shall become effective from the date of filing the Certificate of Completion.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:

SECTION 1. INCORPORATION OF RECITALS
82 368061.2
The City Council finds that all the foregoing recitals are true and correct and incorporated herein by reference.

SECTION 2: PURPOSE AND INTENT
It is the purpose and intent of this Ordinance to clarify that existing local law provides that the City Manager has administrative powers that would permit the operation of the East Palo Alto Sanitary District in the event that a Certificate of Completion is filed establishing the District as a subsidiary district to the City of East Palo Alto, including without limitation control over any “heads of departments” or “subordinate officers,” the power to remove each of the District’s “officers or employees,” and the responsibility to “administer” and carry out all contracts. Therefore, any substantive provisions in this Ordinance are declaratory of existing law.

SECTION 3: AMENDMENTS TO CHAPTER 2.12 (CITY MANAGER)
Notwithstanding any provisions of law, Chapter 2.12 of the East Palo Alto Municipal Code is hereby amended to add a new section 2.12.150 to read as follows:

2.12.150 – Subsidiary districts.

Upon the recording of a notice of completion of a local government reorganization under the Cortese-Knox-Hertzberg Act (Gov. Code, § 56000 et seq.) establishing a subsidiary district of the city, the city manager shall be the general manager or other chief executive officer of that subsidiary district. Any and all employees of that district shall be subordinate to the city manager in that role. Every provision of this chapter shall apply to the city manager’s leadership of such subsidiary district and the word “city” as used in this chapter includes any such subsidiary district.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because a clarification of the city’s administrative structure has no potential to alter the physical environment; (ii) pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason and (iii) pursuant to CEQA Guidelines section 15320(a) as involving the establishment of a subsidiary district.

SECTION 5: IMPLIED REPEAL.

Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.

SECTION 6: REFERENCES TO PRIOR CODE
83 368061.2
Unless superseded and repealed (express or implied), references in City forms, documents and regulation to the chapters and sections of the former City codes, shall be construed to apply to the corresponding provisions contained within this Ordinance.

SECTION 7. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 8. EFFECTIVE DATE.

This Ordinance shall become effective 30 days after second reading.

SECTION 9. PUBLICATION.

Within fifteen (15) days of this adoption, the Ordinance shall be posted in three (3) public places within the City of East Palo Alto, and the Ordinance, or summary of the Ordinance prepared by the City Attorney, shall be published in a local newspaper used to publish official notice for the City of East Palo Alto prior to the effective date.

This Ordinance was introduced at the August 20, 2024 meeting of the City Council of the City of East Palo Alto.

PASSED AND ADOPTED this 3rd day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:
84 368061.2
James Colin, City Clerk John D. Lê, City Attorney
85 SUCCESSOR AGENCY ITEM 9.1

1. EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
SUBJECT: Approval of San Mateo County Community College District Obligation Recommendation
Adopt a resolution:

Background
In June 2011, then Governor Jerry Brown signed Abx1 26 (the RDA Dissolution Bill) into law. In December 2011, the California Supreme Court upheld Abx1 26. As a result, Redevelopment agencies in California were dissolved effective February 1, 2012.The Dissolution Statutes were further amended by AB 1484, enacted June 2012, AB 471, enacted February 2014, and SB 107, enacted September 2015 (collectively, “Dissolution Statutes”).

Under the Dissolution Statutes, on January 10, 2012, the City Council elected to serve as the Successor Agency to the Former Redevelopment Agency of the City of East Palo Alto (the “Successor Agency”). Prior to dissolution, redevelopment agencies often entered into tax sharing contractual agreements with various taxing agencies residing within redevelopment project areas. The table on the following page summarizes the former Redevelopment Agency of East Palo Alto’s contractual agreements for each project area:
86 SUCCESSOR AGENCY ITEM 9.1
Pass Through
Type University Circle Ravenswood Gateway 101
Contractual
Pass Through
Agreements
Five active agreements
with three School
Districts, County Office
of Education, and Fire
District
Three active agreements
with Fire District,
Mosquito District, and
Open Space District
Seven active agreements
with three School Districts,
Fire District, County,
Library, and Open Space
District
Under current Dissolution Statutes, the San Mateo County Controller’s Office is responsible for collecting property tax revenues of the Successor Agency. The San Mateo County Controller’s Office accounts for these revenues and distributes the residual property tax to related taxing agencies after fulfilling several obligations: payment of contractual and statutory pass-through payments to taxing entities and providing the successor agency with enough funds to cover enforceable obligations approved in the recognized obligation payment schedule (ROPS). Once all administrative costs, pass-through payments, and enforceable obligations are paid, the remaining property tax is allocated and distributed among the taxing agencies, including the City, according to the Dissolution Statutes. This surplus distributed revenue is commonly referred to by staff as “excess RPTTF” and is deposited into the general revenue funds of the respective agencies.

Since dissolution, the obligation accounting and payment process has occurred entirely at the County level; with cursory review of residual distribution calculations performed by Successor Agency staff. On May 10, 2024, the San Mateo County Community College District (“SMCCCD”) provided the City with a “claim for make whole payments from the East Palo Alto Successor Agency regarding the East Palo Alto University Circle project area”. A brief description of the former Agency contractual agreement (Attachment 2) terms under which the letter was submitted is as follows:

The San Mateo County Community College District (SMCCCD) pass-through agreement requires payments equivalent to a taxing agency election under former California Health & Safety Code Section 33676 (i.e., an amount equal to the District’s share of the inflationary increase in property taxes). In addition, the agreement provides for additional “hold harmless” payments “in the event that the state funding formula for local school districts is changed” such that districts are no longer made “whole” for their respective shares of revenue that would have been received absent the allocation of property taxes to the former redevelopment agency. To receive payment under the hold harmless provisions, districts must submit a written claim prior to the start of the fiscal year for which payment is requested. SMCCCD school funding changed in 2016 when SMCCCD reached the State revenue limit and no longer receives State funding allocations. SMCCCD executive staff confirmed they remain in an excess tax funding status for FY 2024-25.

Analysis
Successor Agency staff are aware of the potential for invocation of agreement provisions, but no claims were made until SMCCCD submitted the first claim in FY 2019-20. Section 2.02 of the 87 SUCCESSOR AGENCY ITEM 9.1
Agreement states, “The (former) Agency shall approve…those respective amounts due pursuant to this Agreement during each fiscal year”.

The calculated SMCCCD FY 2024-25 make whole amount is based on the FY 2024-25 assessed valuation of University Circle Redevelopment Project Area. Agency staff calculated and estimated the amounts as follows:

Calculated Estimated TOTAL
UCI CLAIM FY 2023-24 FY 2024-25 FY 2024-25
Per Successor:

Total Increment, net $ 7,089,699 $ 7,216,580
SMCCCD District Share 4.4111%
Calculated Make Whole $ 312,730 $ 318,340
Tax Revenues Distributed as:

Pass Through Payments $ (84,998) $ -
Residual Tax Payments $ (206,956) $ (241,639)
SA Claim Approval $ 20,776 $ 76,701 $ 97,477
The total net increment for the estimated FY 2024-25 ($7,216,580) is calculated using the FY 2024-25 assessed valuation of University Circle Redevelopment. This amount is then multiplied by the District's proportionate share of the property tax distribution (4.4111%), resulting in the Calculated Make Whole amount of $318,340, which the Successor Agency is required to fulfill.

However, the Calculated Make Whole amount is reduced by the Residual Tax Payments ($241,639) to determine the SA Claim Approval of $76,701. Since the prior year's make-whole amount was based on an estimate, a true-up amount of $20,776, derived from the actual assessed valuation, is added to the current year's SA Claim Approval of $76,701. This brings the total claim to $97,477.

As in the prior year, the County Controller requires that the Successor Agency approve the claim before paying SMCCCD the amounts owed under the Agreement. Although post dissolution the Successor Agency no longer administers the payment of amounts owed to the taxing entities, because of the language of the Agreement, the County requires the Successor Agency approve the claim before the County Controller pays the obligation.

Agency staff recommend the Successor Board approve a SMCCCD claim through negotiated agreement in the amount of $97,477 in accordance with agreement provisions.

Fiscal Impact
There is no direct fiscal impact to the Successor Agency, as the Successor Agency is only entitled to receive the amounts needed to pay enforceable obligations and administrative expenses and the payment to SMCCD does not impact the payment of those amounts.

The payment of the obligation affects available property tax distributions paid to all taxing entities within the University Circle tax rate areas; however, the extent of such is dependent upon a series of calculations comprised of University Circle property tax increment, total former 88 SUCCESSOR AGENCY ITEM 9.1
Redevelopment tax increment, total enforceable obligation payments during each six-month ROPS calculation period, total other agency pass-through obligation amounts, and County fees.

Each year, Agency staff shall perform an “estimated to actual” calculation and adjust any amounts owed or due to SMCCCD based upon actual distribution results.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution.

2. Former RDA Resolution No. 34
89 Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO ACTING AS

THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO APPROVING THE MAXIMUM OF $97,477 CONTRACTUAL PASS-THROUGH OBLIGATION PAYMENT TO THE SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT FOR FISCAL YEAR 2024-25 WHEREAS, pursuant to section 34172(a) of the California Health and Safety Code, the Redevelopment Agency of the City of East Palo Alto (the “Former Agency”) has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to section 34173, and the Successor Agency to the Former Redevelopment Agency of the City of East Palo Alto (the “Successor Agency”) has become the successor entity to the Former Agency; and WHEREAS, on November 28, 1988, the Former Agency adopted Resolution No. 34 approving an agreement with the San Mateo County Community College District titled, “Agreement to Alleviate Financial Burden or Detriment from the East Palo Alto University Circle Redevelopment Project” herein known as “Agreement” and incorporated and attached to this Resolution; and WHEREAS, in accordance with Article II, Section 2.01 of the Agreement, on March 13, 2021, the San Mateo County Community College District submitted a letter to the San Mateo County Controller’s Office invoking payments of certain amounts as described in Article 1, Section 1.01 and Section 1.02 in the event that the State funding formula for local school districts is changed; and WHEREAS, in accordance with Article II Section 2.01 of the Agreement, any such claim submitted by San Mateo County Community College District shall be prima facie evidence of financial burden or detriment caused by the former University Circle Redevelopment Project Area; and WHEREAS, calculated and estimated claim amounts are discharged through Redevelopment Property Tax Trust Fund (“RPTTF”) distributions of excess and available revenues and approved obligation payments herein; and
WHEREAS, the San Mateo County Controller’s Office collects property tax and calculates pass through obligations of the Former Agency in accordance with Dissolution Statutes and applied methodology; and
WHEREAS, San Mateo County has requested the Successor Agency approve the obligation due in accordance with Agreement Article II, Section 2.02, and the calculated amount of $97,477 is the maximum remaining amount due of the total amount of the obligation requested under the Agreement.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO HEREBY:

1. Approves the maximum of $97,477 contractual pass-through obligation due to the San Mateo County Community College District in FY 2024-25 pursuant to a former Agency Agreement approved by Resolution No. 34 on November 28, 1988; and

2. Approves of the San Mateo County Controller’s Office including such amount in the calculation of contractual pass-through obligations due to San Mateo County Community College District. 90 Resolution No. XX-2024 2 of 2
PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Successor Agency
Chair
ATTEST: APPROVED AS TO FORM:

James Colin, Successor Agency
Clerk
John D. Lê, Successor Agency
Counsel
91 92
93 94
95 96
97 98
99 100
101
102
POLICY AND ACTION ITEM 12.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana M. Torres-Mondragon, Human Resources Manager
SUBJECT: City Manager Salary Increase and second contract amendment Recommendation
Adopt a resolution:

1. Approving a salary increase for City Manager Melvin E. Gaines; and

2. Authorizing the Mayor to execute a second amendment to the employment agreement between City Manager Melvin E. Gaines and the City of East Palo Alto.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background/Analysis
On January 30, 2023, Melvin E. Gaines began his service as East Palo Alto’s City Manager (“City Manager”). In December 2023, as per his current contract, the City Manager’s performance evaluation was conducted and the City Manager was granted with a contract extension of one year to the current contract (extending its timeframe to January 30, 2026) and a total increase of $12,650 annually (2.5% COLA and 3% compensation adjustment).
103
POLICY AND ACTION ITEM 12.1
In response to the successful bargaining of three-year Memorandum of Understanding (MOU) agreements as of July 2024, the City is revisiting the compensation package for the City Manager, as directed by the Council. This significant achievement has introduced a compaction issue between the City Manager's salary and that of his direct reports. It is crucial to maintain a clear and appropriate wage differential between a supervisor and their subordinates to reflect the responsibilities and leadership expectations associated with the higher role. Therefore, after a thorough and involved closed session discussion, the Council has agreed to provide City Manager Gaines with the following:
 7% compensation adjustment to address the compaction issue;  Additionally, a 3% Cost of Living Adjustment (COLA), raising his annual salary to $267,424.57.

The total increase of the contract is $24,774.57 annually.

This strategy will be applied to ensure that the City Manager maintains a reasonable wage difference between himself and his direct reports until the City Manager’s contract is up for renegotiation.

Fiscal Impact
There is no budget amendment needed for this action. The said increase of the contract and related benefit costs are covered in the FY 2024-25 Budget for the City Manager’s Office
Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action involves a personnel contract, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.

Attachments
A. Resolution
B. Second Amendment to City Manager Employment Agreement C. Compensation Schedule
104
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

APPROVING A SALARY INCREASE FOR THE CITY MANAGER AND AUTHORIZING THE

MAYOR TO EXECUTE A SECOND AMENDMENTTO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND MELVIN E. GAINES WHEREAS, the East Palo Alto City Council appointed Melvin E. Gaines, as City Manager, commencing January 30, 2023; and
WHEREAS, in response to the successful bargaining of three-year Memorandum of Understanding (MOU) agreements as of July 2024, the City is revisiting the compensation package for the City Manager, as directed by the Council, to address both a compaction issue and to implement a cost-of-living adjustment;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;

2. Approves a salary increase of $24,774.57 annually for a new base salary of $267,424.57;

3. Authorizes the Mayor to execute the Second Amendment to Employment Agreement for City Manager, attached as Exhibit B, between the City of East Palo Alto and Melvin E. Gaines, on behalf of the City Council; and

4. Finding that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

PASSED AND APPROVED on this 3rd day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Antonio Lopez, Mayor
ATTEST: APPROVED AS TO FORM:
105
James Colin, City Clerk John D. Lê, City Attorney
106
1 SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT This SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT ("SECOND AMENDMENT"), for reference dated September 3, 2024, is by and between MELVIN E. GAINES ("GAINES") and the CITY OF EAST PALO ALTO, a municipal corporation ("CITY"), is made with reference to the following facts:

RECITALS:

WHEREAS, on January 30, 2023, Melvin E. Gaines began his service as East Palo Alto’s City Manager; and
WHEREAS, in response to the successful bargaining of three-year Memorandum of Understanding (MOU) agreements as of July 2024, the City is revisiting the compensation package for the City Manager, as directed by the Council; and WHEREAS, City Manager Gaines was provided with a 7% compensation adjustment to base pay to address the compaction issue;
WHEREAS, additionally, a 3% Cost of Living Adjustment (COLA) to new base pay resulting in a total increase to the contract of $24,774.57.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE TO AMEND SECTION 4 OF THE EMPLOYMENT AGREEMENT AS FOLLOWS:

AGREEMENT:

4. Compensation. For and in exchange for the services provided herein, GAINES shall be compensated at an annual base salary of Two Hundred Sixty-Seven Thousand Four Hundred Twenty-Four and Fifty-Seven Cents ($267,424.57).

GAINES shall be paid on a prorated basis bi-weekly in accordance with the CITY’s payroll practices and paid at the same time as other employees of the CITY are paid, effective May 26, 2024.

All other provisions of the original AGREEMENT between the parties remain in full force and effect.

IN WITNESS WHEREOF, the parties have entered into this SECOND AMENDMENT.

CITY OF EAST PALO ALTO, MELVIN E. GAINES,
A municipal corporation An individual
107
2 BY: BY:

Antonio Lopez, Mayor Melvin E. Gaines
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
108
City Manager (Contractual) Resolution Resolution
13-2024
Hourly 116.6587 128.5695
Bi-Weekly 9,332.69 10,285.56
Monthly 20,220.83 22,285.38
Annual 242,650.00 267,424.57
109
POLICY AND ACTION ITEM 12.2

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana M. Torres-Mondragon, Human Resources Manager
SUBJECT: City Attorney Salary Increase and Second Contract Amendment Recommendation
Adopt a resolution:

1. Approving a salary increase for City Attorney John D. Lê; and

2. Authorizing the Mayor to execute a second amendment to the employment agreement between City Attorney John D. Lê and the City of East Palo Alto.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background/Analysis
On January 9, 2023, John D. Lê began his service as East Palo Alto’s City Attorney (“City Attorney”). In December 2023, as per his current contract, the City Attorney’s performance evaluation was conducted and the City Attorney was granted a total increase of $12,511 annually (2.5% COLA and 3% merit compensation adjustment) bringing the total base to $239,979.63.

In response to the successful bargaining of a three-year Memorandum of Understanding (MOU) agreement as of July 2024, the City is revisiting the 110
POLICY AND ACTION ITEM 12.2
compensation package for the City Attorney’s, as directed by the Council. After a thorough and involved closed session discussion, the Council has agreed to provide City Attorney Lê with the following:
 3% Cost of Living Adjustment (COLA), raising his annual salary to $247,179.02 effective May 26, 2024.

The total increase of the contract is $7,199.39 annually.  Another 3% Cost of Living Adjustment (COLA), that will raise his annual salary to $254,594.39 effective July 6, 2025.

This will increase the contract by an additional $7,415.37 annually.

Fiscal Impact
There is no budget amendment needed for this action. The said increase of the contract and related benefit costs are already included in the FY 2024-25 Budget for the City Attorney’s Office.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action involves a personnel contract, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.

Attachments
A. Resolution
B. Second Amendment to City Attorney’s Employment Agreement C. Compensation Schedule
111
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

APPROVING A SALARY INCREASE FOR THE CITY ATTORNEY AND AUTHORIZING THE

MAYOR TO EXECUTE A SECOND AMENDMENTTO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND JOHN D. LÊ
WHEREAS, the East Palo Alto City Council appointed John D. Lê, as City Attorney, commencing January 9, 2023; and
WHEREAS, in response to the successful bargaining of three-year Memorandum of Understanding (MOU) agreements as of July 2024, the City is revisiting the compensation package for the City Attorney as directed by the Council to implement a cost-of-living adjustment;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;

2. Approves a salary increase of $7,199.39 annually for a new base salary of $247,179.02 effective May 26, 2024;

3. Approves a salary increase of $7,415.37 annually for a new base salary of $254,594.39 effective July 6, 2025;

4. Authorizes the Mayor to execute the Second Amendment to Employment Agreement for City Attorney, attached as Exhibit B, between the City of East Palo Alto and John D. Lê, on behalf of the City Council; and

5. Finding that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

PASSED AND APPROVED on this 3rd day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Antonio Lopez, Mayor
112
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk Valerie Armento, Special Counsel 113
1 SECOND AMENDMENT TO CITY ATTORNEY’S EMPLOYMENT AGREEMENT This SECOND AMENDMENT TO CITY ATTORNEY’S EMPLOYMENT AGREEMENT ("SECOND AMENDMENT"), for reference dated September 3, 2024, is by and between JOHN D LE ("LE") and the CITY OF EAST PALO ALTO, a municipal corporation ("CITY"), is made with reference to the following facts:

RECITALS:

WHEREAS, on January 9, 2023, John D. Lê began his service as East Palo Alto’s City Manager; and
WHEREAS, in response to the successful bargaining of three-year Memorandum of Understanding (MOU) agreements as of July 2024, the City is revisiting the compensation package for the City Attorney, as directed by the Council; and WHEREAS, City Attorney Lê was provided a 3% Cost of Living Adjustment (COLA) to new base pay resulting in a total increase to the contract of $7,199.39 ($247,179.02 new annual base effective 5/26/24);
WHEREAS, additionally, a 3% Cost of Living Adjustment (COLA) to new base pay resulting in a total increase to the contract of $7,415.37 ($254,594.39 new annual base effective 7/6/25).

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE TO AMEND SECTION 4 OF THE EMPLOYMENT AGREEMENT AS FOLLOWS:

AGREEMENT:

4. Compensation. For and in exchange for the services provided herein, Lê shall be compensated at an annual base salary of Two Hundred Forty-Seven Thousand One Hundred Seventy-Nine and Two Cents ($247,179.02). Lê shall be paid on a prorated basis bi-weekly in accordance with the CITY’s payroll practices and paid at the same time as other employees of the CITY are paid, effective May 26, 2024.

For and in exchange for the services provided herein, Lê shall be compensated at an annual base salary of Two Hundred Fifty-Four Thousand Five Hundred Ninety-Four and Thirty-Nine Cents ($254,594.39). Lê shall be paid on a prorated basis bi-weekly in accordance with the CITY’s payroll practices and paid at the same time as other employees of the CITY are paid, effective July 6, 2025.

All other provisions of the original AGREEMENT between the parties remain in full force and effect.
114
2 IN WITNESS WHEREOF, the parties have entered into this SECOND AMENDMENT.

CITY OF EAST PALO ALTO, JOHN D. LE
A municipal corporation An individual
BY: BY:

Antonio Lopez, Mayor Melvin E. Gaines
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
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City Attorney (Contractual) Resolution Resolution
12-2024
Hourly 115.3748 118.8361
Bi-Weekly 9,229.98 9,506.89
Monthly 19,998.30 20,598.25
Annual 239,979.63 247,179.02
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POLICY AND ACTION ITEM 12.3

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Senior Advisory Committee Appointments
Recommendation
Interview applicants for the following open seats on the Senior Advisory Committee (2); and appoint applicants for Regular or Alternate Seats using the selection process recommended by staff.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Promote Housing, Economic and Workforce Development Priority No. 3: Promote Health & Public Safety
Priority No. 4: Ensure Our Financial and Organizational Health Background
The City Council of the City of East Palo Alto is seeking candidates to make appointments for the following seats:

Senior Advisory Committee appointments:
 Regular Seat No. 1: From May 31, 2023, through May 5, 2026 (2 years remaining on the term)
 Regular Seat No. 4: From May 31, 2023, through May 5, 2026 (2 years remaining on the term)
 Alternate Seat: From May 31, 2023, through May 5, 2026 (2 years remaining on the term)
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POLICY AND ACTION ITEM 12.3
Analysis
The application period has been held open from April 10 through May 14, 2024; however, these positions remain open until filled. The City accepted applications electronically via the SurveyMonkey platform and offered to assist anyone who needed help submitting the application. The City conducted outreach including in-person efforts and through its social media outlets to ensure a comprehensive approach to the outreach process. Social media outlets included various newsletters disseminated to over 4,000 residents, Facebook ads, and the City website. The City has since received two applications from Court Skinner on May 21, 2024, and Maria Teresa Fernandez on August 12, 2024, via SurveyMonkey.

Proposed Appointment Process
In order to ensure an efficient and transparent Brown Act compliant selection process, the procedure for review is as follows:

1. City Council will review the applications attached to the September 6, 2024, agenda.

2. City Council will be provided a voting form at the beginning of the agenda item from the City Clerk.

3. City Council will conduct interviews.

4. City Council will make its selections by ballot vote.

5. City Clerk will tally ballots and announce the appointment, or repeat the process, as needed, in the event of a tie.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable
Attachments

1. Senior Advisory Committee Applications (redacted)
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Senior Advisory Committee Application 2024
3 / 6
Q1
Name
CourtSkinner
Q2
Home Address
Q3
City
East Palo Alto
Q4
E-mail Address
Q5
Phone Number
Q6
Are you available to attend regular Committee meetings
scheduled for the first Wednesday of each month?
Yes
#2

COMPLETE
Co o Collector: W Web Link 1 (W ) Web Link)
Started: Tuesday, May 21, 2024 7:46:45 PM y y
Last Modified: Mo Tuesday, May 21, 2024 7:51:18 PM u d y y 8 P Time Spent: S 00:04:323
IP Address: P

Page 1 ends

119
Senior Advisory Committee Application 2024
4 / 6
Q7
Why would you like to serve on the Senior Advisory Committee? I would like to upgrade the senior center to an operation that reaaly serves East Palo Alto senior citizens year around. It needs a new approach, really new.
120
Senior Advisory Committee Application 2024
5 / 6
Q1
Name
Maria Teresa Fernandez
Q2
Home Address
Q3
City
E Palo Alto, CA 94303
Q4
E-mail Address
Q5
Phone Number
Q6
Are you available to attend regular Committee meetings
scheduled for the first Wednesday of each month?
Yes
#3

COMPLETE
Collector: o o W Web Link 1 (W Web Link)
SStarted: Monday, August 12, 2024 1:10:02 PM d y Augu P Last Modified: Mo Monday, August 12, 2024 1:18:12 PM d y Augu 8 P Time Spent: 00:08:10
IP Address: P A

Page 1 ends

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Senior Advisory Committee Application 2024
6 / 6
Q7
Why would you like to serve on the Senior Advisory Committee? I would like to serve in the Senior Advisory Committee to be the conexión with the Spanish speaking community. 122
POLICY & ACTION 12.4

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 3, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Karen Camacho, Housing and Economic Development Manager Hanson Hom, Deputy Manager Special Projects
Amy Chen, Community and Economic Development Director
SUBJECT: Measure HH Pilot Workforce Development Program Updates and Contract Extension Recommendations
Recommendation

1. Receive informational report from staff and contractors on the Measure HH Pilot Workforce Development Program progress for the 18 months of the pilot program;

2. Provide recommendations for final evaluation; and

3. Adopt a resolution:
a. Appropriating additional funds in the amount of $366,418 from the Measure HH Fund in the Fiscal Year 2024-25 Budget to fund the contract extensions of the Measure HH Pilot Workforce Development Program;
b. Authorizing the City Manager to negotiate and execute a Second Amendment to the License and Grant Agreements (“Second Amendment”), in a form approved by the City Attorney, to increase the not-to-exceed amounts with JobTrain for an additional $110,801 ($50,988 for STEM Program and $59,813 for Building Trades Program) for twenty additional East Palo Alto residents, and with StreetCode Academy for an additional $118,350 for ten additional East Palo Alto residents, to provide job training, job placement services, and support services, and to extend each of the contract terms for an additional nine months, until May 30, 2025; c. Authorizing the City Manager to negotiate and execute a Third Amendment to the License and Grant Agreement (“Third Amendment”) with Live In Peace, in a form approved by the City Attorney, to increase the not-to-exceed amount by $137,267, for job training, job placement services, and support resources for up to an additional ten East Palo Alto residents, and to extend the term and to extend the term of the agreement through May 30, 2025; and
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POLICY & ACTION 12.4
d. Finding the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Promote Housing, Economic and Workforce Development Background
Measure HH
On November 6, 2018, 79.58% of voters of the City of East Palo Alto (“City”) approved Measure HH, an annual parcel tax of $2.50 per square foot on commercial office space of 25,000 square feet or more. Measure HH initially generated $1,677,265 annually. Allowable Measure HH uses include funding projects and programs related to affordable and supportive housing (emphasizing net new housing) and access to job opportunities for East Palo Alto residents in the science, technology, engineering, and mathematics (“STEM”) sectors and building trades.

Preparation for 2022 Launch of Measure HH Pilot Workforce Development Program Between 2020-2021, Brightline Defense Project (“Brightline”) created a best practices framework for the City to develop programs that facilitate access to job opportunities for East Palo Alto residents in the STEM sectors and building trades. During the November 1, 2021, City Council study session, City Council directed staff to draft a request for proposals (“RFP”) to identify qualified organizations to provide job training services.1 The City released an RFP on January 7, 2022, and accepted proposals through April 29, 2022.

On November 15, 2022, , the City Council chose three organizations to help launch the Measure HH Pilot Workforce Development Program: Live In Peace, JobTrain, and StreetCode Academy (also referred to as “Contractors”). The City Council authorized $775,215 in Measure HH funds for the 18-month pilot period and expressed an intent for the pilot program to be evaluated and refined before awarding future Measure HH funds. 2
1 See Attachment 1 in July 20, 2021 City Council meeting for further details on Brightline’s research, at:
https://eastpaloalto.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1420&MinutesID=1272&FileFor mat=pdf&Format=Minutes&MediaFileFormat=mpeg4. The November 1, 2021 staff report, with Brightline conclusions and recommendations, can be found at:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1429&MediaPosition=736.246&I D=1936&CssClass=. 2 View December 21, 2021 City Council meeting for City Council authorization to issue an RFP at:
http://eastpaloalto.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1435&MinutesItemID=5015&Form at=Minutes. View November 15, 2022 City Council meeting at:
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POLICY & ACTION 12.4
All three agreements commenced on March 1, 2023, with initial terms through August 31, 2024.

The agreements have additional provisions that allow, upon mutual consent and if the funds are not fully expended, the City Manager to extend the term of the agreements for up to an additional six months to February 28, 2025. These agreements and programs will be referred to in this staff report as “Pilot Phase I.” Table 1, below, provides an overview of the agreement terms, including monitoring program participants for 36 months after completion of training.

Table 1. Pilot Phase I Agreement Terms
Measure HH Pilot Workforce Development Program Contractors The Measure HH Pilot Workforce Development Program (“Pilot Program”) funds three organizations to carry out four programs: two programs in the STEM category and two programs in the Building Trades category. The programs address different career paths and, collectively, offer multiple training options for at least 80 East Palo Alto residents.

https://eastpaloalto.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1824&MinutesItemID=6723&For mat=Minutes.
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POLICY & ACTION 12.4
 Live In Peace offers several Building Trades programs that provide training and job placement to gain electrical, mechanical, and STEM skills.  JobTrain offers STEM training programs for foundational and advanced IT career development and Building Trades programs for training and pre-apprenticeships in building maintenance or carpentry.
 StreetCode Academy offers a STEM training program for coding courses that lead to 12- to 18-month apprenticeships.

In all cases, the programs were already established; the Measure HH funds allowed the organizations to expand their existing programs and accommodate more East Palo Alto residents. All three organizations have deep roots and a strong commitment to East Palo Alto and have demonstrated much success and community acceptance of their current programs.

The organizations have demonstrated their ability to satisfy two key objectives: 1) leveraging outside resources with established partnerships and networks with other organizations and/or leveraging outside funding with other training programs; and 2) incorporating inclusive measures to reduce barriers to program participation, such as current working hours, childcare, transportation, food, support classes, and delivery of program to non-English speaking residents.

The Measure HH funds cover program enrollment and completion of training programs, as well as support resources when enrollees are engaged in job training, apprenticeships, and job placement. The following table summarizes the key elements of the four Measure HH programs:
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POLICY & ACTION 12.4
Table 2. Pilot Phase I Measure HH Proposals
Pilot Phase I Mid-Program Review
On March 19, 2024, the City Council received an informational report from staff and contractors on the Measure HH Pilot Workforce Development Program progress for the first year of the pilot program.3 Between March 2023 and March 2024, the organizations had submitted three quarterly reports and invoices, and had expended $471,932.25 of the total $775,215 allocated.

Council also directed staff to search for a third-party evaluation firm that would be able to conduct a final evaluation after the contracts ended.

Third-Party Evaluation Firm
In response to Council’s March 2024 direction, on May 1, 2024, the City , issued an RFP4 for a firm to help evaluate the City’s Measure HH Pilot Workforce Development Program, which was established through Measure HH funding. City Council’s evaluation goals are three-fold:
3 See March 19, 2024 City Council meeting at: https://archive-video.granicus.com/cityofepa/cityofepa_1169e05ac218-4cc9-a66b-85750c044f46.mp4. 4 The RFP for the evaluation of the City's Measure HH Pilot Workforce Development Program and accompanying documents can be found at: https://www.cityofepa.org/econdev/page/rfp-evaluation-measure-hh-pilot. 127
POLICY & ACTION 12.4

1. Outcomes Assessment: Assess the performance of the organizations who provided workforce development services during the pilot and evaluate the program outcomes based on the metrics City Council approved at the launch of the pilot.

2. Program Improvements: Assess potential program modifications and improvements to increase the City’s workforce development program efficacy, accessibility, and outcomes, using the workforce development organizations’ feedback in quarterly reports and interviews, and comparisons to similar workforce development programs. This can include an assessment of the program goals, priorities, deliverables, and performance metrics of the pilot and a potential to expand the program with or without a new RFP process.

3. Criteria Development: Develop criteria or a tool for evaluating future wage impacts of the program in the 36 months after the pilot workforce development program ends.

On July 16, 2024, City Council authorized awarding Informing Change a $120,000 contract to conduct a final evaluation of the Measure HH Pilot Workforce Development Program.

Pilot Phase I 6-Month Agreement Extensions
In early August 2024, before the August 31, 2024, contract expirations, two organizations (Live In Peace and JobTrain) reached out to the City seeking a six-month extension of their agreements, in order for their already enrolled students to finish completion of their certification programs. The agreements granted Live In Peace and JobTrain with the possibility of a sixmonth extension to February 28, 2025, with City Manager approval.

Within the six-month extension period, the Contractors will work to getting program completion for the following students:
 Live In Peace – six East Palo Alto residents to finish completing their training programs (see Second Amendment to Agreement).
 JobTrain – six East Palo Alto residents to finish their training programs (see First Amendment to Agreement)
StreetCode Academy did not seek a six-month extension for the one remaining student to complete his/her certificate enrollment.

Pilot Phase I Preliminary 18-Month Program Results
As of August 14, 2024, the organizations have submitted four quarterly reports and invoices, and one preliminary fifth report and invoice that was requested before the final quarterly report is due, in preparation for today’s City Council update. The outcomes of these reports, that preliminarily cover the 18 months of the program, are described further below. 128
POLICY & ACTION 12.4
Summary
The purpose of this staff report is three-fold:

1. To provide a status update on the program outcomes for the near entirety of the program, from March 2023 to early August 2024. Today, City Council is receiving outcome presentations from the three Contractors.

2. To request an additional allocation of Measure HH Funds for up to an additional ten students per program, for a total not-to-exceed amount of $366,418, who will be expected to complete their programs and trainings by May 30, 2025. Staff is also requesting modified contract terms such that the payment schedule is 60% of funds upon initial enrollment and 40% of funds upon completion, after Contractor input described in the Analysis section of this staff report.

3. To request City Council input on the Final Program Evaluation by Informing Change. City Council should anticipate a Final Program Evaluation by Informing Change by Spring or early Summer 2025. City Council should further anticipate receiving input on criteria or a tool for evaluating wage outcomes from the third-party evaluation firm before the end contract’s term, in Summer 2025.

Analysis
Pilot Phase I Program Performance Metrics and Reporting Outcomes Highlighted below are a few performance metrics and criteria City staff are tracking throughout this pilot program, referred herein to as “Pilot Phase I,” and preliminary outcomes in the initial 18 months (see Attachment 8 for more details).
5 At the conclusion of Informing Change’s thirdparty evaluation of the pilot program, the City will be in a better position to evaluate the effectiveness of the program and reassess the goals, priorities, deliverables, and performance metrics for the next RFP.

1. Program Enrollees
Contractors reported on their program enrollees, providing non-confidential demographic data, such as age, gender, race/ethnicity, special needs, education, and/or employment status. All programs have accomplished their enrollment goal of 20 students per program; however, completion rates continue to be a challenge and have required some contract extensions. See Table 1 in Attachment 8 (Updated Program Performance Metrics and Reporting - August 2024) for more details.

2. Program Outreach
5 To view the quarterly reports, please see “Supporting Documents” at:
https://www.cityofepa.org/econdev/page/measure-hh-pilot-workforce-development-program 129
POLICY & ACTION 12.4
Contractors reported on the outreach activities and events they programmed, the groups they targeted, and the number of participants for each. Outreach activities have remained similar to those reported during the Pilot Phase I Mid-Program report-out to City Council in March 2024.

See Attachment 7 (Mid-Program Performance Metrics and Reporting (March 2024)) and Attachment 8 for more details.

3. Career Development
Contractors reported on the career development and job placement services provided to program enrollees. No changes have been made to the career development services provided since the last City Council update in March 2024. See Attachments 7 and 8 for more details.

4. Support Services
Contractors reported on the supportive services required or provided to program enrollees. No changes have been made to the supportive services provided since the last City Council update in March 2024. See Attachment 8 for more details.

5. Performance Metrics
Contractors reported on their program completion rates, job placement rates, starting wages, living wages, and other metrics.
a. Program Completion Rates
Contractors agreed to a goal of having 85% of enrollees complete their training programs (going from enrollment all the way to completion of their certification training). For Live In Peace, 12 out of the 21 students who enrolled (57%) have completed their respective programs, a 13% increase in program completion since the March 2024 report. In addition, 3 of the 21 students (14%) that were initially enrolled and are no longer participating in the pilot program. For JobTrain, 13 out of 18 students (72%) completed the IT Careers program, a 20% increase in program completion since March 2024; 12 out of the 15 students (80%) completed the Project Build program, a 13% increase since March 2024; 3 out of 7 students (43%) completed the Building Maintenance Program, a 10% increase in program completion since March 2024; for an overall completion rate of 70%, a 22% increase in program completion since March 2024. In addition, 11 students who dropped out from the STEM or Building Trades programs were not included in the total enrollments count; their reasons for dropping out included excessive absences, family or financial distress, no show on first day, change of heart, could not achieve class requirements or “other.” Students in the StreetCode Academy training program are tracked differently given that each training program takes eight months or longer. Students are tracked based on their enrollment in the StreetCode Academy Program, and then upon their enrollment in the Certification Program. Based on this data, 17 out of the 19 students (89%) have advanced to enrolling into their certification programs. The goal of an 85% course completion rate was an aspirational goal that has impacted the disbursement of funds, since funds are linked to each participant enrolling and completing a training course. Contractors were able to use unexpended funds for other enrollees if they were unable to get students to complete their programs. 130
POLICY & ACTION 12.4
b. Job Placement Rates
Contractors agreed to a goal of having 75% of enrollees placed in a job within three months of completing their training program. Ten out of the twelve Live in Peace students (83%) that have completed their programs are working full-time in the STEM and building trades fields, a 20% increase since the March 2024 report, while two are actively working on pursuing their careers. 19 of 34 JobTrain students who provided job placement information (56%) have found placements, a 20% increase from March 2024, while 9 are actively seeking a job and 1 is staying in his/her current job. None of the StreetCode Academy students (0%) have received placements in STEM as they are still in the certification process or still seeking employment. c. Starting Wages & Living Wages
While all proposals are focusing on training or apprenticeship programs for jobs that can attain living wages, the organizations have indicated that achieving living wages at the start of employment is challenging. However, they all committed to striving to have program enrollees reach or exceed the living wage within 36 months of completing their training course. Live In Peace’s students who have completed their training programs have been hired at starting wages ranging from $22.00 to $38.41 an hour. As of March 2024, JobTrain had reported students’ starting wages to range from $20.00 to $27.50 an hour, and there is no reportable updated data from JobTrain. There is no reportable data yet for StreetCode Academy as there have been no job placements yet. For those making less than living wages, there are timelines and trajectories in place for the students to make living wages within three years.

6. Performance Assessment
Contractors reported on their program successes and outcomes, program challenges, areas for improvement or follow-up, and program refinements and modifications. The reflections shared were similar to those shared during the March 2024 program update. See Attachment 8 for more details.

7. Program Review
Contractors were also asked to evaluate their programs and provide any observations or recommendations to improve the Pilot Program. The reflections shared were similar to those shared during the March 2024 program update. See Attachment 8 for more details.

8. Program Expenditures To-Date
Funds were dispersed on a quarterly basis upon submittal of invoices and performance reports.

Funds were dispersed by participant: 50% when a participant enrolls in a training course, and the remaining 50% at completion of the course. As of April 2024, 83% of the total funds had been expensed, for a remaining balance of $129,559.25 across all four programs. See Table 3 below for a more detailed breakdown. Staff anticipate nearly 100% of the funds to be expensed by the end of the programs in early 2025.
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POLICY & ACTION 12.4
Table 3. Pilot Phase I Expenditures as of April 2024
Year-ToDate
Expensed
Remaining
Balance
Total
Allocated
Total
Targeted
EPA
Participants
Live In
Peace
$233,052.75 $66,977.25 $300,030 20
JobTrain
(Building
Trades)
$116,143 $19,660 $135,803 20
JobTrain
(STEM)
$71,595 $31,087 $102,682 20
StreetCode
Academy
$224,865 $11,835 $236,700 20
Total $645,655.75 $129,559.25 $775,215 80
Percentage 83% 17% 100% 100%
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POLICY & ACTION 12.4
Recommendations for Additional Funding Allocation (Pilot Phase II) In order to give the three Contractors the opportunity to continue their programming and assist East Palo Alto residents in receiving workforce development opportunities in the STEM and Building Trades fields, staff is recommending an additional allocation of $366,418 in Measure HH Funds for ten additional students per program, who are expected to complete their training within a shorter timeframe of nine months, until May 30, 2025. See Table 4 below for more details on the funding breakdown. This additional funding is to be referred to as “Pilot Phase II.” While there are still outstanding funds to be disbursed under the existing pilot program, release of the remaining funds is primarily dependent on currently enrolled students completing their programs. In the meantime, the evaluation of the pilot program by Informing Change is not expected to be completed until next spring or early summer. Rather that terminating the pilot program before the evaluation period, staff recommends continuing the current programs, which have yielded positive outcomes, and allocating additional funds to assist more students. This will permit the organizations to recruit and train additional East Palo Alto residents and allow the programs and staffing to continue uninterrupted. Continuing the pilot program will also allow Informing Change to directly observe active programs which can yield a more insightful and meaningful evaluation.

Table 4. Pilot Phase II Proposals for Additional Allocation Career Programs Total EPA
Participant
Total
Cost
Cost Per Participant
STEM
JobTrain
(STEM)
IT Service & Support
& Advanced IT Network Plus
10 $50,988 IT Service - 8 @ $5,240
Advanced IT - 2 @
$4,534
StreetCode
Academy
Creating Coding Careers; Cañada
College Certifications; Grow with
Google; Coursera; CA Dept of
Industrial Relations Apprenticeships
10 $118,350 10 @ $11,835
Live In
Peace
Year Up (IT support); Bay Area
Medical Academy; CAL ACE
Nursing Academy; Cañada Digital
Design Program
Included w/
below
Included
w/ below
Included w/ below
Building Trades
JobTrain
(Building
Trades)
Building Maintenance & Project
Build: Carpentry Pre-Apprenticeship
10 $59,813 Building Maintenance &
HVAC - 7 @ $5,288
Project Build - 3 @
$7,599
Live In
Peace
Western Allied Mechanical
(mechanical skills); Eden Area
ROP(electrical skills); Junior
College Tracks (various trades);
Aviation Institute of Maintenance;
De Anza Trades Program
10 $137,267 Level 1: 7 @ $12,977
Level 2: 3 @ $15,476
TOTAL 40 $366,418
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POLICY & ACTION 12.4
Staff received input from some organizations indicating the challenges with the 50% initial enrollment amount not covering staff and administrative costs. For this reason, staff is recommending modified contract terms such that the payment schedule is 60% of funds upon initial enrollment and 40% of funds upon program completion, or a variation of such payment schedule as best fit for each contract. While this change in percentage allocation will allow more funds to be dispersed upfront to cover operating costs, it does not compromise the objective of ensuring students successfully complete their programs before remaining funds are disbursed.

The recommended changes to the Agreement terms for the additional ten students are summarized in Table 5 below. Please note that the former agreement terms will remain for the remainder of the existing pilot program, if an organization received an extension.

Table 5. Pilot Phase II Updated Agreement Terms for Additional Allocation Item Description
Term of Agreement Amendment  9 months with option for 3-month extension if funds remaining; conversely,
funds could be expended sooner.

Aspirational Goals and Performance Metrics  Same as Original Agreement terms* Compensation (per program enrollee)  60% at enrollment in training course  40% at satisfactory completion of training
course
Unexpended Funds  Same as Original Agreement terms*
Post-Agreement Tracking  Same as Original Agreement terms* Support Resources (program enrollees)  Same as Original Agreement terms* Outreach to East Palo Alto Residents  Same as Original Agreement terms* Program Staff  Same as Original Agreement terms*
*See Table 1 for Original Agreement terms summary.

Third-Party Evaluation Updates and City Council Input
Informing Change, the third-party evaluation firm for the pilot program, launched in August 2024 with a kick-off meeting with City staff on August 7, 2024, and a kick-off meeting with the Measure HH Contractors on August 14, 2024. Informing Change is currently in the background and discovery phase, which includes background materials review and exploratory interviews with Measure HH partners and City staff. These background activities will help inform the drafting of a full evaluation plan that tests the project's central hypothesis and assesses progress toward desired outcomes and impact. Informing Change expects to include twenty 30-minute interviews with individual participants from Measure-HH-funded contractor programs to acquire insights directly from those receiving piloted services. Informing Change is also keeping open the possibility of collecting participant perspectives via focus groups in addition to, or in place of, the individual interviews as the budget allows.

Reporting on the evaluation findings is expected in quarter two (Q2) 2025, following an analysis and sensemaking period. Informing Change will also draft and develop a set of criteria, tools, or frameworks for evaluating wage impacts by the end of the contract. 134
POLICY & ACTION 12.4
Informing Change is seeking preliminary input from City Council with the following questions:
 What information are you hoping to learn through the evaluation to inform your decisions about future Measure HH programming?
 How do you define success of the Measure HH programming?  What does a successful evaluation process look like to you? Next Steps
Accountability is important during this pilot period to achieve the learning objectives. It is incumbent upon organizations receiving Measure HH funds to maintain accurate records of their accomplishments and to monitor and report on the success rate of program enrollees in securing jobs that pay living wages after completing their training or apprenticeship program. For these reasons, staff continue to require quarterly reports on the progress of enrollees. Agreements also require organizations to maintain contact with program enrollees for 36 months after completing their training courses to follow their progress. The quarterly reports will continue to be used as a tool for monitoring the progress of participants and evaluating the success of the programs, based on the following schedule:

Table 6. Remaining Performance Reports and Invoices
Report Period Due Date
Pilot Phase I*
March 1 to June 30, 2023 July 28, 2023
July 1 to September 30, 2023 October 31, 2023
October 1 to December 31, 2023 January 31, 2024
January 1 to March 31, 2024 April 30, 2024
April 1 to August 31, 2024 August 9, 2024 & September 30, 2024 Pilot Phases I & II**
September 1 to November 30, 2024 December 6, 2025
December 1 to February 28, 2025 March 7, 2025
Pilot Phase I Final Performance Report6
March 1, 2023 to February 28, 2025 April 29, 2025
Pilot Phase II***
March 1 to May 31, 2025 June 6, 2025
Pilot Phase II Final Performance Report***
September 1, 2024 to May 30, 2025 June 27, 2025
*One report and invoice per program reporting on and invoicing for initial 20 students per program, for a total of 80 students.
**Two reports and invoices per program reporting on and invoicing for initial 20 students per program, for a total of 80 students; reporting on and invoicing for additional 10 students per program, for total of 40 additional students. *** One report and invoice per program reporting on and invoicing for additional 10 students per program, for a total of 40 additional students.
6 The Pilot Phase I agreements state that Final Performance Reports for the initial 80 students funded will be submitted by Contractors within 60 days of the end of their agreements. 135
POLICY & ACTION 12.4
If the Council authorizes the approval of the agreements and the appropriation of additional funds for the Pilot Phase II, staff will work with the three organizations and the City Attorney’s Office to prepare and execute the agreement amendments by September 2024. Funds will be distributed on a quarterly basis upon submittal of invoices with performance reports. As shown in Table 6 above, staff is seeking earlier submittals of quarterly reports for more streamlined reporting and invoicing. Disbursement of funds will be by participant: 60 percent when a participant enrolls in a training course, and the remaining 40 percent at completion of the course.

Fiscal Impact
Staff recommend appropriating additional funds in the amount of $366,418 from the Measure HH Fund in the Fiscal Year 2024-25 Budget to fund the contract extensions.

In November 2022, the balance in the Measure HH Fund was approximately $4.7 million. As of July 2024, the available fund balance is now approximately $5.3 million. Sufficient funds are available to fund the contract extensions and additional funding allocations in the Measure HH Pilot Workforce Development Program. It should be noted, however, that the fund is not intended to be used exclusively for creating job opportunities. A minimum of 35% of the fund must be reserved to support the production of affordable housing, which would benefit from a build-up of the fund balance.

At the February 6, 2024, adoption of the 2024-2028 Affordable Housing Strategy, City Council discussed allocating 50% of Measure HH funds to affordable housing projects for the next five years. As City staff develop the program to solicit funding opportunities for affordable housing projects, City staff will bring those proposals to Council through a separate process.

Additionally, fluctuating financial and market conditions may affect the annual revenue generated. From an optimistic perspective, the fund has the potential to grow when future office development is constructed projects in the Ravenswood Business District.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
Applicability of Levine Act: Yes.

Analysis of Levine Act Compliance: The signatories for each of these agreements are:
136
POLICY & ACTION 12.4
Heather Starnes-Logwood, Executive Director, Live In Peace; Barrie R. Hathaway, President & CEO, JobTrain and Katherine F. Finnigan, Chief Development Officer, JobTrain; and Olatunde Sobomehin, Chief Executive Officer, StreetCode Academy. Staff is unaware of any other parties or participants relevant to the Council’s consideration of this item. .

Attachments

1. Resolution (JobTrain and StreetCode Academy)

2. Exhibit A, Attachment 1: City and JobTrain Agreement for STEM Program

3. Exhibit A, Attachment 2: City and JobTrain Agreement for Building Trades Program

4. Exhibit A, Attachment 3: City and StreetCode Academy Agreement

5. Resolution (Live In Peace)

6. Exhibit A, Attachment 1: City and Live In Peace Agreement

7. Mid-Program Performance Metrics and Reporting (March 2024)

8. Updated Program Performance Metrics and Reporting - August 2024 137
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A

SECOND AMENDMENT TO THE LICENSE AND GRANT AGREEMENT WITH

JOBTRAIN AND STREETCODE ACADEMY FOR JOB TRAINING, JOB PLACEMENT, AND SUPPORT RESOURCES FOR AN AMOUNT NOT TO EXCEED $229,151, AND TO EXTEND

THE TERM FOR THE DURATION OF THE MEASURE HH PILOT WORKFORCE DEVELOPMENT PROGRAM PERIOD THROUGH MAY 30, 2025
WHEREAS, on November 6, 2018, the residents of East Palo Alto voted in favor of enacting a parcel tax, titled Measure HH, on commercial office space of 25,000 square feet or more at the rate of $2.50 per square foot; and
WHEREAS, Measure HH funds can be appropriated for creating and maintaining programs that facilitate access to job opportunities for East Palo Alto residents in the science, technology, engineering, and mathematics (“STEM”) sectors and building trades and strengthen the City’s First Source Hiring Program; and
WHEREAS, on October 6, 2020, the City Council approved a $125,000 agreement with Brightline Defense Project (“Brightline”) to analyze and provide recommendations for implementing a Measure HH Workforce Development Program; and
WHEREAS, on July 21, 2021, and November 1, 2021, City Council held study sessions to consider the conclusions and recommendations from the Brightline report for guiding the allocation and use of Measure HH funds; and
WHEREAS, on December 21, 2021, the City Council provided direction and authorized the City Manager to release a Request for Proposals (“RFP”) to provide job training, job placement services, and support resources for workforce development in the STEM sectors and building trades for East Palo Alto residents; and
WHEREAS, on January 7, 2022, an RFP was widely distributed to experienced organizations that could provide workforce development and support resources in the STEM sectors and building trades, and several meetings were held to further publicize and respond to questions about the RFP; and
WHEREAS, in April 2022, JobTrain submitted proposals for both STEM and building trades workforce development and StreetCode Academy submitted a proposal for STEM workforce development, and in November 2022 both organizations submitted revised proposals in response to comments and suggestions from City staff; and
WHEREAS, on November 15, 2022, the City Council found that the JobTrain and StreetCode Academy proposals complied with the authorized use of Measure HH funds for creating STEM and building trades job opportunities for East Palo Alto residents; 138
WHEREAS, on November 15, 2022, the City Council appropriated an amount not to exceed $775,215 from the Measure HH Fund to fund a Measure HH Pilot Workforce Development Program, and authorized the City Manager to enter into agreements with JobTrain for an amount not to exceed $238,485 ($102,682 for a STEM Program and $135,803 for a Building Trades Program) and StreetCode Academy for an amount not to exceed $236,700 for job training, job placement services, and support resources for East Palo Alto residents from the Measure HH Pilot Workforce Development Program, in a form approved by the City Attorney;
WHEREAS, the City Council wishes to appropriate an additional $366,418 from the Measure HH Fund to fund ten additional East Palo Alto residents in each program of the Measure HH Pilot Workforce Development Program, and authorize the City Manager to negotiate and execute an amendment to existing agreements to increase the not-to-exceed amounts with JobTrain for an additional $110,801 ($50,988 for STEM Program and $59,813 for Building Trades Program) for twenty additional East Palo Alto residents, and with StreetCode Academy for an additional $118,350 for ten additional East Palo Alto residents, to provide job training, job placement services, and support services, and to extend each of the contract terms for an additional nine months, until May 30, 2025; and
WHEREAS, the City Council wishes to modify the payment schedule for the additional East Palo Alto residents, in a form approved by the City Attorney, allowing for 60% payment upon initial enrollment and 40% payment upon completion, or a variation of such payment schedule as best fit for each contract.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;

2. Appropriates an additional amount not to exceed $366,418 from the Measure HH Fund to fund a total of forty additional East Palo Alto residents to participate in the Measure HH Pilot Workforce Development Program; and

3. Authorizes the City Manager to negotiate and execute a Second Amendment to the License and Grant Agreements (“Second Amendment”), in a form approved by the City Attorney, to increase the not-to-exceed amounts with JobTrain for an additional $110,801 ($50,988 for STEM Program and $59,813 for Building Trades Program) for twenty additional East Palo Alto residents, and with StreetCode Academy for an additional $118,350 for ten additional East Palo Alto residents, to provide job training, job placement services, and support services, and to extend each of the contract terms of said agreements for an additional nine months, until May 30, 2025; and

4. Find that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
139
PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
140
Exhibit A
Attachment 1
City and JobTrain Agreement for STEM Program
[see attachment]
141
Exhibit A
Attachment 2
City and JobTrain Agreement for Building Trades Program [see attachment]
142
Exhibit A
Attachment 3
City and StreetCode Academy Agreement
[see attachment]
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CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made by and between the City of East Palo Alto, a municipal corporation ("City"), as authorized by the East Palo Alto City Council via Resolution No. 152-2022, and JobTrain, a non-profit organization, hereinafter referred to as “Contractor”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work,” for the JobTrain STEM Program.

2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement.

3. Term. The term of this Agreement shall commence on March 1, 2023, and shall continue in full force and effect until August 31, 2024. Upon mutual consent if funds have not been fully expended, the City may extend the term of the agreement for up to an additional six months to February 28, 2025.

4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

5. Indemnification. Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.

6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach

7. Accident Reports. Contractor shall immediately report (as soon as

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feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.

The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

8. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor’s family, business, real property or financial interests and the services to be provided under this Agreement. Contractor shall comply with the City of East Palo Alto Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Contractor’s family, business, real property or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.

9. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor any of Contractor’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.

10. Licenses, Permits, Etc. Contractor represents and warrants to City that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Contractor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.

11. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until such business license(s) has been obtained.

12. Standard of Performance. Contractor shall provide products and perform

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all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.

Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.

Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.

14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

15. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Contractor pursuant to this Agreement shall be the full and

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Contractor and Professional Services Agreement Page 4 of 8 (Rev. 9.07.2021)
complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

16. Prevailing Wages for Public Works Projects. For public works projects, Contractor shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Contractor shall also comply with provisions of Labor Code section 1720 as applicable. Contractor shall maintain certified payroll records evidencing such payment of prevailing wages as required by law.

17. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Contractor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

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19. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Contractor resulting from services rendered pursuant to this Agreement, shall become the property of City. Contractor agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.

21. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.

The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

23. Non-Discrimination/Fair Employment Practices. Contractor shall comply with all applicable federal, state and local laws, rules and regulations in regard to non-discrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation, medical condition or physical handicap. Contractor agrees to abide by the City’s Policy Against Discrimination, Harassment and Retaliation as set out in attached Exhibit D.

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24. Official Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Melvin Gaines
City Manager
City Manager’s Office
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: Barrie R. Hathaway
President & Chief Executive Director
JobTrain
1200 O’Brian Drive
Menlo Park, CA 94025
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

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29. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential and shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City records on information to any third party, other than its own employees, agents or subcontractors who have a need for the City records or information for the performance of services under this Agreement.

A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Contractor agrees and acknowledges that this confidentiality provision does not limit the City’s disclosure as required by law, pursuant to a subpoena, the California Public Records Act, or Order of the Court.

33. News and Information Release. Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

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Exhibit A, entitled “Scope of Work,” including any attachments.

Exhibit B, entitled “Compensation,” including any attachments.

Exhibit C, entitled “Insurance Requirements,” including any attachments.

Exhibit D, entitled “Policy Against Discrimination, Harassment and Retaliation” IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

JobTrain
a California Non-profit Organization
By: _______________________
Barrie R. Hathaway
President & CEO
DATE: ____________________
By: _______________________
Patty Rally
Chief Development Officer
DATE: ____________________

CITY OF EAST PALO ALTO,
a municipal corporation
By: ________________________
Melvin Gaines
City Manager
DATE: ___________
APPROVED AS TO CONTENT:
___________________________
Hanson Hom
Deputy Manager, Special Projects
APPROVED AS TO FORM:
___________________________
John D. Lê
City Attorney

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Contractor and Professional Services Agreement Page 1 of 9 Exhibit A (Rev. 9.07.21)

EXHIBIT A

SCOPE OF WORK
JobTrain STEM Program

1. Representatives.

City Representative:

Karen Camacho
Housing and Economic Development
Manager
2415 University Avenue
East Palo Alto, CA 94303
(650) 853-3195 (Phone)
(650) 853-3115 (Fax)
Contractor’s Representative:

Barrie R. Hathaway
President & Chief Executive Director
JobTrain
1200 O’Brian Drive
Menlo Park, CA 94025
(650) 330-6429 (Phone)
(650) 330-6401 (Fax)
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.

2. Services and Schedule.

The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference and performed according to the schedule set forth therein. Contractor will complete all services by July 31, 2024, unless and extension is approved by the City.

3. Phased Performance.

If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

4. Additional Services. Additional services are those services related to the scope of Services of Contractor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement (“Additional Services”). Additional Services shall be provided only when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to

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perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed under this Agreement or an amendment. .

Contractor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.

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EXHIBIT A
ATTACHMENT 1
JobTrain STEM
Scope of Services
Program Design
As part of the City’s Measure HH Pilot Workforce Development Program, JobTrain will offer career training and job placement for East Palo Alto residents through its STEM Fields Information Technology Career Training Programs, which include IT Service & Support and Advanced IT Network Plus. These fully accredited training programs and additional Supportive Services will be provided at no cost to East Palo Alto residents and are designed to empower students with the critical tools and resources they need to succeed in this thriving industry.

Each of these programs will combine vocational training, academics, essential skills development, career guidance, job-readiness and placement, and intensive wraparound supportive services that empower students to reimagine their future and create their own unique, and often alternative pathway to success. Below is the scope of services for the two Career Training Programs that will be funded by the City of East Palo Alto’s Pilot Workforce Development Program:

IT Service & Support Program
During the 18-month agreement period, JobTrain will deliver four 11-Week IT Service & Support Class Cycles. Classes are anticipated to be taught Monday through Friday, approximately six hours per day, by JobTrain’s IT Service & Support Career Training Program Instructor.

Student will be guided through the IT Support Professional Certification course, which was developed by Google for use by any companies IT Support. This innovative curriculum is designed to prepare students for an entry level role in IT Support, while also providing a foundation for advanced technical skills training.

Through a mixture of video lectures, quizzes, and hands-on labs and widgets, the program will introduce students to the following fundamentals of IT support:
x Troubleshooting and Customer Service;
x Networking;
x Operating Systems; and
x System Administration and Security.

Graduates of the IT Service & Support Program will earn the following industry

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recognized certifications:
x JobTrain Certificate of Achievement
x Google IT Support Professional Certification
Graduates will be ready to start their career in the IT industry as IT Support Technicians, Help Desk Specialists, and IT Desktop Support Technicians. They will also have a great foundation from which to grow their IT knowledge and earn stackable IT credentials including Network, Security, etc.

The classes may be delivered to students totally remote, in a hybrid virtual/in-person format, or totally in-person.

Through the City’s grant, a minimum of 17 East Palo Alto residents shall be enrolled in the IT Service & Support Program to gain the knowledge and skills they need to build a career in the high demand Information Technology Field. Program. Program goals are:
x 85% of students will successfully complete the program; and x 75% of the graduates will be placed in employment within 3 months, with an average wage of $25 per hour.

Advanced IT – Network Plus Program
During the 18-month agreement period, JobTrain will deliver five 6-week Advanced IT Network Plus Class Cycles. Classes are anticipated to be taught on Tuesday, Wednesday, Thursday and Saturday. The instructor for this class will be JobTrain’s Advanced IT – Network Plus Career Training Program Director.

This Advanced IT Class is designed for working graduates of JobTrain’s IT Service & Support Program, to help them grow and advance in their careers, and enables students to gain vital computer networking knowledge to pass the Network+ Certification Exam (version is N10-007) by CompTIA. The CompTIA Network+ Program covers the configuration, management, and troubleshooting of common wired and wireless network devices. Network+ also focuses on specific areas such as:
x Critical security concepts;
x Key cloud computing best practices and typical service models; x Newer hardware and virtualization techniques; and
x Concepts to give individuals the combination of skills to keep networks resilient.

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Graduates of this class will receive the following certifications:
x JobTrain Certificate of Achievement
x Students who score 70% or higher for the course will be fully prepared to take the Network Plus Certification Exam and receive a voucher to cover the cost of taking the exam.

The classes may be delivered to students totally remote, in a hybrid virtual/in-person format, or totally in-person.

Through the City’s grant, a minimum of 3 East Palo Alto residents shall be enrolled in the Advanced IT Network Plus Program. Program goals are:
x 85% of students will successfully complete the program; and x 75% of the graduates will advance in their careers and/or increase their earnings to an average of $28 per hour.

Essential Skills and Job Readiness Training
Once graduates have completed either of the above Career Training Programs and are ready to begin their job search, they will work one-on-one with their Career Development Specialist and/or IT Alumni Career Coach to create a job search and employment strategy that is tailored to their unique goals. The Specialist and/or Coach will work IT Graduates to:
x Develop a Job Search Strategy that is both effective and efficient; x Create a professional Resume that truly markets the clients’ skills; x Build a professional network;
x Leverage their digital profile to maintain high visibility and a professional presence;
x Submit well researched and quality job applications; and x Succeed in their interviews through extensive preparation including, Zoom interview tips and etiquette, professional communication, and follow up with employers.

The IT Alumni Career Coach will work with IT Graduates who have been placed in employment to:
x Build graduates confidence and knowledge of the IT job market through hands-on projects to build industry knowledge;
x Empower graduates to build on their existing job-readiness skills helping them to demonstrate their value to employers with a strong business attitude, effective communication, agility, and work habits; x Focus on helping clients to achieve full economic mobility through long-term

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career planning and growth through life-long learning;
x Mentor working IT graduates and provide ongoing coaching and support to help them advance in their career; and
x Connect graduates with opportunities for advanced IT trainings.

Program Personnel
The key personnel at JobTrain that will administer the STEM Program are the following individuals. JobTrain shall notify the City of any changes in key personnel during the term of the agreement.

Name Position
Jen Overholt Interim Manager of Instruction
TBH Manager of Career Development
Kwanee Price-Butler Director of Career Training Education Mike Shipstead IT Service & Support Career Training Program Instructor Thomas Gonzales Advanced IT – Network Plus Career Training Program Instructor Dean Maffie Career Development Specialist IT Pathway
Performance Reports and Invoices
Contractor shall submit Performance Reports and invoices to the City on a quarterly basis in accordance with the following schedule:

Report Period Due Date
March 1 to June 30, 2023 July 31, 2023
July 1 to September 30, 2023 October 31, 2023
October 1 to December 31, 2023 January 31, 2024
January 1 to March 31, 2024 April 30, 2024
April 1 to August 31, 2024, or until end date
of agreement
September 30, 2024, or can be
combined with Final Performance
Report
The Final Performance Report shall be submitted to the City within 60 days of the end date of the agreement, including any approved extension.

Quarterly and final performance reports shall describe the status or outcome of the performance metrics listed in Exhibit A, Attachment 2, and shall follow the report outline in Exhibit A, Attachment 3. Since this agreement is for the Pilot Measure HH Workforce Development Program, an ongoing assessment of success factors,

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challenges, and areas for program improvements shall be included in the reports.

Contractor shall monitor program enrollees to determine the success rate of enrollees achieving a living wage within 36 months after completing their training program and shall provide status reports to the City upon request during and after the term of this agreement.

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EXHIBIT A
ATTACHMENT 2
JobTrain STEM Program
Performance Metrics and Reporting Requirements
Item Description Performance Metric Reporting
A Quarterly
Performance
Report
Submit quarterly report to City
with quarterly invoices
Cover Items 1-7 for the reporting period
Provide progress report (quantitative and
qualitative data) and any
recommendations for program
refinements.

B Final
Performance
Report
Submit quarterly report at
conclusion of agreement or full
expenditure of funds
Cover Items 1-7 for the full agreement
period.

Conduct program assessment
(quantitative and qualitative analysis)
with recommendations for improvements.

Offer observations for enhancing City's
Workforce Development Program.

C PostAgreement
Monitoring of
Program
Enrollees
Follow program enrollees for
36 months after completion of
training program
Report on status of Item 8.

Describe successes and challenges for
program enrollees in advancing their
careers.

Describe further assistance and support
provided.

Offer input from program enrollees.

Offer further observations for enhancing
City's Workforce Development Program.
1 Program Enrollment
1a IT Services &
Support
Center
Training
Program
Enroll minimum 17 East Palo
Alto residents
Non-confidential data on enrollees to
date (e.g., age, gender, racial
composition, special needs, education,
employment)
1b Advanced IT
Network Plus
Career
Training
Program
Enroll minimum 3 East Palo
Alto residents
Non-confidential data on enrollees to
date (e.g., age, gender, racial
composition, special needs, education,
employment)
2 Program
Outreach
Multiple outreach methods to
East Palo Alto residents in
different languages (minimum
English and Spanish)
Description of outreach activities and
events (e.g., community groups targeted
and number of attendees or participants)

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3 Program
Completion
Rate
85% program completion rate Cumulative completion rate of program enrollees
Success factors and challenges
enrollees facing to complete the program
4 Career
Development
Work with Career
Development Specialist and/or
IT Alumni Career Coach to
create job search and
employment strategy
Description of career development and
job placement services provided to
program enrollees
5 Job Placement
Rate
75% job placement within 3
months of program completion
Cumulative job placement rate
Jobs obtained by program enrollees
6 Starting Wage Average starting wage $25 per
hour
Quantitative data on starting wage of
program enrollees
7 Support
Services
Provide support services as
needed, such as:

Skills Upgrade
Child Development Center
(childcare)
Living/transportation expenses
Technology
training/equipment
Leveraging outside resources
Spanish or referral to ESOL
classes
Description of supportive services
requested or provided to program
enrollees
8 Living Wage Obtain a living wage job within
36 months of completing
training program
Data on success rate of program
enrollees in achieving a living wage for
San Mateo County (based on
https://livingwage.mit.edu/counties/06081
for one adult with no children)

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EXHIBIT A
ATTACHMENT 3

PERFORMANCE REPORT OUTLINE

1. Program Enrollees: description and status of enrollees in each program (nonconfidential data on enrollees to date (e.g., age, gender, racial composition, special needs, education and/or employment status)
a. Continuing enrollees reported in prior quarterly reports b. New enrollees for this quarterly report
c. Enrollees who are no longer enrolled in program

2. Program Outreach: description of outreach activities and events (e.g., community groups targeted and number of attendees or participants).

3. Career Development: description of career development and job placement services provided to program enrollees.

4. Support Services: description of supportive services requested or provided to program enrollees.

5. Performance Metrics
a. Program Completion Rate
b. Job Placement Rate
c. Starting Wage
d. Living Wage
e. Other applicable performance metrics by Contractor

7. Performance Assessment (as applicable)
a. Program successes and outcomes
b. Program challenges
c. Areas for improvement or follow-up
d. Program refinements and modifications

8. Final Performance Report:
a. Summary and conclusions on program outcome and accomplishments (include both qualitative and quantitative assessment)
b. Observations and recommendations to improve Measure HH Workforce Development Program

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EXHIBIT B

COMPENSATION
JobTrain STEM Program

1. Contractor’s Compensation.

A. City agrees to pay JobTrain (“Contractor”), at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total amount not to exceed One Hundred Two Thousand Six Hundred Eighty-Two Dollars and no Cents or $102,682.

Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.

2. Appropriate Billable Rates for Services and Additional Services.

Contractor’s billable rates shall be based on each participant enrolled in the program and shall be as set forth in Attachment 1 of Exhibit B. The timing of billable payments for each program participant shall be as follows:

Payment Schedule per Program Participant
Program
50% Payment
Upon Enrollment
in Training
Program
50% Payment
Upon Completion
of Training
Program
Total per
Program
Participant
IT Service &
Support (17) $2,620 $2,620 $5,240
Advanced IT
Network Plus (3) $2,267 $2,267 $4,534
In the event a program participant does not complete a program, the remaining funds (50%) may be allocated to new program participant.

3. Contractor’s Reimbursable Expenses
Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance

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by City.

4. Payments to Contractor.

A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, said payments to be made in proportion to services performed. Contractor shall submit invoices for payment on a quarterly basis along with a quarterly performance report as set forth in Exhibit A and confirmation of enrollment or completion of program by participants. Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice

7. Total Billed to Date
C. Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

5. Accounting Records of Contractor.

Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours notice.

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The obligations of Contractor under this section shall survive this Agreement.

6. Taxes.

Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. Contractor hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section pursuant to the Indemnification provisions of this Agreement.

7. Taxpayer Identification Number. Contractor shall provide City with an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing an original signature and any other State or local tax identification number requested by City.

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EXHIBIT B

COMPENSATION
ATTACHMENT 1 (CONTRACTOR’S BUDGET)
Cost Structure: JobTrain STEM Program - IT Service & Support & Advanced IT Network Plus

COST PER CLIENT TOTAL
IT Service &
Support
Advanced IT
Network Plus

CITY INVESTMENT
Outreach & Intake: Recruitment, Eligibility Determination, Registration, Initial Assessment & Orientations
Outreach & Recruitment Specialist 142 158
Eligible Specialist 134 149
Intake & Registration Specialist 105 116
Assessment Specialist 163 181
Assessment Test Fees & Supplies 60 60
603 664
Vocational Education: Skills Development in Occupational Fields Instructor 1,190 642
Director of Instruction & Career Development 179 199
Classroom Materials & Supplies 188 278
Books & kits 60 60
1,617 1,179
Individualized Career Services: Development of Individual Employment Plan, Career Counseling & Job Placement
Career Development Manager 175 195
Job Developer & Counselor 284 316
459 510
Supportive Services & Job Readiness Training: Resources, Referrals & Employability Skills Training
Job Developer & Counselor 284 316
Benefits & Resources Coordinator 139 155
Essential Skill Prog Support 156 173
Supportive Services - Transportation 100 100
Supportive Services - Technology Access 100 100
Supportive Services - Tool kit 0 0
Supportive Services - Uniform 0 0
Supportive Services - Union Dues 0 0
Supportive Services - Certification tests/fingerprinting/CPR 400 100 1,179 944
Program Monitoring and Evaluation: Reporting & Program Outcome Database & MIS Coordinator 178 165
Chief Operating Officer 371 344
Program Assistant 148 137
698 646
Program Subtotal Cost 4,557 3,943
Admin. Overhead @15% (Taxes, insurance, IT, legal, utility, facilities, maintenance, rental, audit, accounting)
684 591
CITY INVESTMENT REQUEST COST PER CLIENT $ 5,240 $ 4,534 Proposed Number of Participants 17 3 20
TOTAL CITY INVESTMENT (Cost per client x Clients served) $ 89,080 $ 13,602 $102,682

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EXHIBIT C

INSURANCE REQUIREMENTS
I. TYPES OF INSURANCE
A. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any sub-Contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000), in aggregate or Three Million Dollars ($3,000,000) combined single limit bodily injury and property damage for each occurrence.

B. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

D. Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in

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force for not less than one (1) year after completion of services described herein.

II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In the event that Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement 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 non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

B. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

C. Primary and Non-Contributory Coverage: Except for professional liability and worker's compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and noncontributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).

E. Notice of Cancellation: Contractor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.

F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage

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will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

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EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST

DISCRIMINATION, HARASSMENT AND RETALIATION
EFFECTIVE DATE: 12/21/2004
REVISED DATE: 1/12/07
ADOPTED BY CITY COUNCIL: 12/21/2004
I. PURPOSES
The purposes of this policy are to emphasize the City's commitment to keeping its workplace free of harassment, discrimination and retaliation, to define and provide examples of the conduct that is prohibited, to summarize the respective responsibilities for preventing, reporting, investigating, and responding to violations and to give clear warning of the serious consequences that violators will face.

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

II. POLICY
All of the following are prohibited by this Policy:
x Discrimination or harassment in any aspect of City employment based on any legally protected characteristic or status, including sex, gender, sexual orientation, race, color, national origin, language, ancestry, religion, age, marital status, domestic partner, physical disability, mental disability, or medical condition.
x Retaliation for opposing, filing a complaint about, or participating in an investigation of, any such harassment or discrimination. x Aiding, abetting, inciting, compelling, or coercing or any such discrimination, harassment or retaliation, or attempting to do so.

The City will take all reasonable steps necessary to prevent such misconduct from occurring, and to remedy and punish any occurrence. Any City employee, Council member, member of any advisory body, including any Commissioner, Committee member, or Board member found having engaged in any such misconduct will be subject to disciplinary action up to and including termination or censure or removal and will be deemed to have acted outside the course and scope of his or her employment.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.

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Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

III. DESCRIPTION AND EXAMPLES OF PROHIBITED HARASSMENT
Harassment on the basis of sex is unlawful, and is prohibited by this policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
x An individual's submission to such conduct is made explicitly or implicitly, a term or condition of that individual's employment; or,
x An individual's submission to or rejection of such conducts is used as the basis for an employment decision affecting that individual; or, x The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, abusive, or offensive work environment.

Sexual harassment need not be motivated by sexual desire or gratification, and may include nonsexual conduct motivated by the violator's hostility towards the victim's gender, or towards the victim's nonconformity to gender stereotypes. Sexual harassment includes not only conduct motivated by gender, but also by pregnancy, childbirth, or a related condition. A harasser may be either male or female, and the victim may either be the same sex or the opposite sex. Even a person who is not the intended target of harassment may be harassed by it if he or she witnesses it.

Sexual harassment may be verbal, visual, or physical. For example:
x Verbal harassment may consist of derogatory, threatening, or intimidating comments, epithets, slurs or jokes; references to gender, physical appearance, attire, sexual prowess, marital status, or pregnancy; or sexual advances, propositions, or demands.
x Visual harassment may consist of displaying or circulating derogatory or offensive posters, cartoons, drawings, photographs, pin-ups, computer images, or electronic media transmissions.
x Physical harassment may consist of assault, battery, or unwelcome, unnecessary and offensive touching (kissing, hugging, patting, rubbing, pinching, brushing against), stating, leering, gesturing, whistling or making noises, impeding or blocking movement, or physical interfering with normal work or movement.

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In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

IV. REPORTING DISCRIMINATION, HARASSMENT OR RETALIATION Any City employee, volunteer, intern, vendor, contractor, or applicant who becomes aware of any discrimination, harassment or retaliation prohibited by this policy shall report it immediately to their immediate supervisor, or higher ranking supervisor, or the Assistant City Manager. Under no circumstances shall such a report be required or expected to be made to the person who engaged in the misconduct that is subject to this report.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Because reports of conduct prohibited by this policy will be treated as serious charges, the making of a deliberately false report, or a report made with reckless disregard for its truth or falsity, may subject the maker to disciplinary action.

V. INVESTIGATION AND RESOLUTION
The City of East Palo Alto will investigate all reported violations of this policy. All employees, volunteers, interns, vendors and contractors, members of the City Council, or members of a City advisory body shall cooperate with any such investigation.

Any supervisor, manager department head, member of the City Council, or member of a City advisory body who receives a report of, or who becomes aware of, conduct prohibited by this policy shall promptly report it to the Personnel Officer. Upon receiving the report, the Personnel Officer shall direct any report that accuses a City Council member or appointee to the City Council for investigation and resolution. The City Council shall delegate the responsibility to conduct a prompt, full, and fair investigation to the qualified private investigator.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate

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Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
x Interview the complainant, the accused, and any other person the investigator believes to have knowledge relevant to the charges; x Gather and review any documentary, electronic, or physical evidence relevant to the charges;
x Consult with legal counsel as needed;
x Determine whether the charges can or cannot be substantiated; and x Develop recommendations for appropriate remedial and/or disciplinary action, if any.

VI. OUTSIDE ADMINISTRATIVE AGENCIES
In addition to the remedies described in this Policy, the U.S. Equal Employment Commission and the California Department of Fair Employment and Housing provide administrative complaint and investigation processes as to harassment, discrimination or retaliation on the basis of a protected status. The toll-free telephone number for such office is listed below:

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000

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4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

7. Accident Reports. Contractor shall immediately report (as soon as

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feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.

12. Standard of Performance. Contractor shall provide products and perform

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all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.

Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.

14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

The payment made to Contractor pursuant to this Agreement shall be the full and

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complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

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20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.

The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

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26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

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30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

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Exhibit A, entitled “Scope of Work,” including any attachments.

Exhibit B, entitled “Compensation,” including any attachments.

Exhibit C, entitled “Insurance Requirements,” including any attachments.

JobTrain,
a California Non-profit corporation
By: ________________________
Barrie R. Hathaway
President & CEO
DATE: ____________________
By: _______________________
Patty Rally
Development Officer
DATE: ____________________

John D. Lê
City Attorney

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EXHIBIT A

SCOPE OF WORK
JobTrain Building Trades Program

1. Representatives.

City Representative:

Karen Camacho
Housing and Economic Development
Manager
2415 University Avenue
East Palo Alto, CA 94303
(650) 853-3195 (Phone)
(650) 853-3115 (Fax)
Contractor’s Representative:

Barrie R. Hathaway
President & Chief Executive Director
JobTrain
1200 O’Brian Drive
Menlo Park, CA 94025
(650) 330-6429 (Phone)
(650) 330-6401 (Fax)
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.

2. Services and Schedule.

3. Phased Performance.

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Contractor and Professional Services Agreement Page 2 of 9 Exhibit A (Rev. 9.07.21)
perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed under this Agreement or an amendment.

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EXHIBIT A
ATTACHMENT 1
JobTrain Building Trades Program
Scope of Services
Program Design
As part of the City’s Measure HH Pilot Workforce Development Program, JobTrain will offer career training and job placement for East Palo Alto residents through its Building Trades Career Training Programs, which include Project Build: Carpentry Pre-Apprenticeship, and Building Maintenance. These fully accredited training programs and additional supportive services will be provided at no cost to East Palo Alto residents and are designed to empower students with the critical tools and resources they need to succeed in this competitive industry.

Each of these programs combine vocational training, academics, essential skills development, career guidance, job- readiness and placement, and intensive wraparound supportive services that empower students to reimagine their future and create their own unique, and often alternative pathway to success. Below is the scope of services for the two Career Training Programs that will be funded by the City of East Palo Alto’s Pilot Workforce Development Program:

Project Build: Carpentry Pre-Apprenticeship Program
During the 18-month agreement period, JobTrain will deliver four 12-Week Project Build: Carpentry Pre-Apprenticeship Class Cycles. Classes are anticipated to be taught Monday through Friday, approximately 7 hours per day, by an experienced union certified Instructor. Students will receive an introduction to Construction and Environmental Training, and earn the following Industry Certifications:
x JobTrain Certificate of Achievement
x Forklift Instruction Certification
x Confined Space Training
x CPR Certification
x OSHA 10 Hour Safety Training & Certification
x HILTI Powder Actuated Certification
x 15-hour Disaster Site Worker Training
In addition to comprehensive skill developments in building techniques, the instructor will focus on the following skill sets:

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Contractor and Professional Services Agreement Page 4 of 9 Exhibit A (Rev. 9.07.21)
x Carpenter careers including trades and sub trades within the union x Review of union practices
x Apprenticeship Standards
x Construction Math
x Tools and Equipment Operations
x Building Materials
x Blueprints, plot plans, and project estimating
x Green technology
x Green construction practices in material use, insulation, and weatherization Students will gain a strong foundation in construction, green building, and forklift operation, so that when they graduate, they are ready to begin their careers as carpenters, ironworkers, electricians, plumbers, drywall workers, and other general construction occupations.

The classes may be delivered to students totally remote, in a hybrid virtual/in-person format, or totally in-person.

Through the City’s grant, a minimum of 13 East Palo Alto residents shall be enrolled in the Project Build: Carpentry Pre-Apprenticeship Program, gaining the knowledge and skills they need to build a career in the rapidly growing construction industry. Program goals are:
x 85% of students will successfully complete the program; and x 75% of the graduates will be placed in employment within 3 months, with an average wage of $24 per hour.

Building Maintenance Career Training Program
During the 18-month agreement period, JobTrain will deliver four 11-Week Building Maintenance Class Cycles. Classes will be taught Tuesday through Friday, approximately 3-1/2 hours per day, by an experienced instructor. Students will receive an overview of all basic skills needed to maintain and manage the interior and exterior of housing communities in a first-rate condition. During this training students will learn how to perform repairs and upgrades on painting; drywall installation, plumbing, electrical and finished work. They will also learn how to:
x Conduct routine inspections and perform preventative maintenance; x Handle basic repairs and maintenance;
x Diagnose mechanical issues and correct them; and
x Repair machines, equipment, and/or structures as necessary

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Each assignment will be explained by the instructor using a sheet in blueprint format to correctly identify, describe, and locate major elements of building floor plans. There will also be classroom computer-based curriculum activities.

Program graduates will receive a JobTrain Certificate of Achievement and will be fully prepared and qualified with the skills needed to start their career in Building Maintenance, Facility Maintenance, Property Maintenance, Janitorial Maintenance, or as a Non-Union Contractor.

Through the City’s grant, a minimum of 7 East Palo Alto residents will participate in the Building Maintenance Program. Program goals are:
x 85% of students will successfully complete the program; and x 75% of the graduates will be placed in employment within 3 months, with an average wage of $25 per hour.

Essential Skills and Job Readiness Trainings
Support services are incorporated into the curriculum of both Career Training Programs to ensure that when students graduate, they are truly workforce ready.

Once graduates have completed their training, and are ready to begin their job search, they work with a Career Development Specialist to create a job search and employment strategy that is tailored to their unique goals. This includes working with clients to:
x Develop a Job Search Strategy that is both effective and efficient. x Create a professional Resume that truly markets the clients’ skills. x Build a professional network.
x Leverage their digital profile to maintain high visibility and a professional presence.
x Submit well researched and quality job applications.
x Succeed in their interviews through extensive preparation including, Zoom interview tips and etiquette, professional communication, and follow up with employers.

Program Personnel
The key personnel at JobTrain that will administer the Building Trades Program are the below individuals. JobTrain shall notify the City of any changes in key personnel during the term of the agreement.

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Name Position
Jen Overholt Interim Manager of Instruction
TBH Manager of Career Development
Kwanee Price-Butler Director of Career Training Education Martin Mendibles Instructor, Project Build:

Carpenters Pre-Apprenticeship Career Training Program
Curtis Cabalona Instructor, Building Maintenance Career Training Program Elaine Rodriquez Career Developer & Counselor
Performance Reports and Invoices
Contractor shall submit Performance Reports and invoices to the City on a quarterly basis in accordance with the following schedule:

Report Period Due Date
March 1 to June 30, 2023 July 31, 2023
July 1 to September 30, 2023 October 31, 2023
October 1 to December 31, 2023 January 31, 2024
January 1 to March 31, 2024 April 30, 2024
April 1 to August 31, 2024, or until end
date of agreement
September 30, 2024, or can be
combined with Final Performance
Report
The Final Performance Report shall be submitted to the City within 60 days of the end date of the agreement, including any approved extension.

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EXHIBIT A
ATTACHMENT 2
JobTrain Building Trades Program
Performance Metrics and Reporting Requirements
Item Description Performance Metric Reporting
A Quarterly
Performance Report
Submit quarterly report to City
with quarterly invoices
Cover Items 1-7 for the reporting period
Provide progress report (quantitative and
qualitative data) and any recommendations for
program refinements.

B Final Performance
Report
Submit final report at
conclusion of agreement or
after full expenditure of funds
Cover Items 1-7 for the full agreement period.

Conduct program assessment (quantitative
and qualitative analysis) with
recommendations for improvements.

Offer observations for enhancing City's
Workforce Development Program.

C Post-Agreement
Monitoring of
Program Enrollees
Follow program enrollees for
36 months after completion of
training program
Report on status of Item 8.

Describe successes and challenges for
program enrollees in advancing their careers.

Describe further assistance and support
provided.

Offer input from program enrollees.

Offer further observations for enhancing City's
Workforce Development Program.
1 Program Enrollment
1a Project Build:

Carpentry PreApprenticeship
Program
Enroll minimum 13 East Palo
Alto residents
Non-confidential data on enrollees to date
(e.g., age, gender, racial composition, special
needs, education, employment)
1b Building
Maintenance Career
Training Program
Enroll minimum 7 East Palo
Alto residents
Non-confidential data on enrollees to date
(e.g., age, gender, racial composition, special
needs, education, employment)
2 Program Outreach Multiple outreach methods to
East Palo Alto residents in
different languages (minimum
English and Spanish)
Description of outreach activities and events
(e.g., community groups targeted and number
of attendees or participants)
3 Program Completion
Rate
85% program completion rate Cumulative completion rate of program enrollees
Success factors and challenges enrollees
facing to complete program
4 Career Development Work with Career
Development Specialist to
create job search and
employment strategy
Description of career development and job
placement services provided to program
enrollees

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5 Job Placement Rate 75% job placement within 3
months of program completion
Cumulative job placement rate
Jobs obtained by program enrollees
6 Starting Wage Average starting wage $24-
$25 per hour
Quantitative data on starting wage of program
enrollees
7 Support Services Provide support services as
needed, such as:

Skills Upgrade
Child Development Center
(childcare)
Living/transportation expenses
Technology
training/equipment
Leveraging outside resources
Spanish or referral to ESOL
classes
Description of supportive services requested
or provided to program enrollees
8 Living Wage Obtain a living wage job within
36 months of completing
training program
Information on success rate of program
enrollees in achieving a living wage for San
Mateo County (based on
https://livingwage.mit.edu/counties/06081 for
one adult with no children)

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EXHIBIT A
ATTACHMENT 3

PERFORMANCE REPORT OUTLINE

2. Program Outreach: description of outreach activities and events (e.g., community groups targeted and number of attendees or participants).

3. Career Development: description of career development and job placement services provided to program enrollees.

4. Support Services: description of supportive services requested or provided to program enrollees.

5. Performance Metrics
a. Program Completion Rate
b. Job Placement Rate
c. Starting Wage
d. Living Wage
e. Other applicable performance metrics by Contractor

7. Performance Assessment (as applicable)
a. Program successes and outcomes
b. Program challenges
c. Areas for improvement or follow-up
d. Program refinements and modifications

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Contractor and Professional Services Agreement Page 1 of 4 Exhibit B (Rev. 9.07.21)

EXHIBIT B

COMPENSATION
JobTrain Building Trades Program

1. Contractor’s Compensation.

A. City agrees to pay JobTrain (“Contractor”), at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total amount not to exceed One Hundred Thirty-Five Thousand Eight Hundred Three Dollars and no Cents or $135,803.

2. Appropriate Billable Rates for Services and Additional Services.

Contractor’s billable rates shall be based on each participant enrolled in the program as set forth in Attachment 1 of Exhibit B. The timing for billable payments of each program participant shall be as follows:

Payment Schedule per Program Participant
Program
50% Payment
Upon Enrollment
in Training
Program
50% Payment
Upon Completion
of Training
Program
Total per
Program
Participant
Project Build (13) $3,800 $3,799 $7,599
Building
Maintenance (7) $2,644 $2,644 $5,288
In the event an enrolled program participant does not complete a program, the remaining funds (50%) may be allocated to a new program participant.

3. Contractor’s Reimbursable Expenses.

Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

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Contractor and Professional Services Agreement Page 2 of 4 Exhibit B (Rev. 9.07.21)

4. Payments to Contractor.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice

5. Accounting Records of Contractor.

The obligations of Contractor under this section shall survive this Agreement.

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Contractor and Professional Services Agreement Page 3 of 4 Exhibit B (Rev. 9.07.21)

6. Taxes.

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Contractor and Professional Services Agreement Page 4 of 4 Exhibit B (Rev. 9.07.21)

EXHIBIT B

COMPENSATION
ATTACHMENT 1
(CONTRACTOR’S BUDGET)
JobTrain Building Trades Program
Cost Structure: JobTrain Building Trades Program - Project Build and Building Maintenance

COST PER CLIENT
Project Build TOTAL Building
Maintenance

CITY INVESTMENT
Outreach & Intake: Recruitment, Eligibility Determination, Registration, Initial Outreach & Recruitment Specialist 163 163
Eligible Specialist 168 168
Intake & Registration Specialist 131 131
Assessment Specialist 203 203
Assessment Test Fees & Supplies 60 45
725 710
Vocational Education: Skills Development in Occupational Fields Instructor 2,353 774
Director of Instruction & Career Development 224 224
Classroom Materials & Supplies 563 563
Books & kits 60 60
3,200 1,620
Individualized Career Services: Development of Individual Employment Plan, Career Development Manager 219 219
Job Developer & Counselor 327 327
546 546
Supportive Services & Job Readiness Training: Resources, Referrals & Job Developer & Counselor 327 327
Benefits & Resources Coordinator 174 174
Essential Skill Prog Support 195 195
Supportive Services - Transportation 100 100
Supportive Services - Technology Access 100 100
Supportive Services - Tool kit 150 0
Supportive Services - Uniform 115 0
Supportive Services - Union Dues 150 0
Supportive Services - Certification tests/fingerprinting/CPR 100 100 1,411 996
Program Monitoring and Evaluation: Reporting & Program Outcome Database & MIS Coordinator 186 186
Chief Operating Officer 387 387
Program Assistant 155 155
727 727
Program Subtotal Cost 6,608 4,599
Admin. Overhead @15% (Taxes, insurance, IT, legal, utility, facilities, i t t l dit ti )
991 690
CITY INVESTMENT PER CLIENT 7,599 5,288
Proposed Number of Participants 13 7 20
TOTAL CITY INVESTMENT (Cost per client x Clients served) $ 98,787 $ 37,016 $ 135,803

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EXHIBIT C

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Contractor and Professional Services Agreement Page 2 of 3 Exhibit C (Rev. 9.07.21)
force for not less than one (1) year after completion of services described herein.

F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any

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Contractor and Professional Services Agreement Page 2 of 3 Exhibit C (Rev. 9.07.21)
other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

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Contractor and Professional Services Agreement Page 1 of 4 Exhibit D

EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.

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Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

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Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate

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Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
x Interview the complainant, the accused, and any other person the investigator believe to have knowledge relevant to the charges; x Gather and review any documentary, electronic, or physical evidence relevant to the charges;
x Consult with legal counsel as needed;
x Determine whether the charges can or cannot be substantiated; and x Develop recommendations for appropriate remedial and/or disciplinary action, if any.

VI. OUTSIDE ADMINISTRATIVE AGENCIES
In addition to the remedies described in this Policy, the U.S. Equal Employment Commission and the California Department of Fair Employment and Housing provide administrative complaint and investigation processes as to harassment, discrimination or retaliation on the basis of a protected status. The toll free telephone number for such office is listed below:

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000

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CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made by and between the City of East Palo Alto, a municipal corporation ("City"), as authorized by the East Palo Alto City Council via Resolution No. 152-2022, and StreetCode Academy, a non-profit organization, hereinafter referred to as

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled

2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled to be made to Contractor for services rendered pursuant to this Agreement.

3. Term. The term of this Agreement shall commence on March 1, 2023 and shall continue in full force and effect until August 31, 2024. Upon mutual consent if funds have not been fully expended, the City may extend the term of the agreement for up to an additional six months to February 31, 2025.

4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

5. Indemnification. Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual of every kind and nature whatsoever arising out of or in connection with this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.

6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exh
a default and material breach
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7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.

8. Conflict of Interest. Contractor warrants and represents that to the best of its knowledg
family, business, real property or financial interests and the services to be provided under this Agreement. Contractor shall comply with the City of East Palo Alto Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties business, real property or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.

9. Independent Contractor. Contractor is an independent contractor. Neither if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Contractor only
Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.

11. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until such business license(s) has been obtained.
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12. Standard of Performance. Contractor shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by lockouts, work slow down or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.

14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

The payment made to Contractor pursuant to this Agreement shall be the full and agents, and subcontractors are entitled for performance of any work under this to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving a minimum 30- day notice to Contractor. Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses 204
Contractor and Professional Services Agreement Page 5 of 1 (Rev. 9.07.2021)
incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor
hereunder.

23. Non-Discrimination/Fair Employment Practices. Contractor shall comply with all applicable federal, state and local laws, rules and regulations in 205
Contractor and Professional Services Agreement Page 6 of 1 (Rev. 9.07.2021)
regard to non-discrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation, Policy Against Discrimination, Harassment and Retaliation as set out in attached Exhibit D.

If to City: Melvin Gaines
City Manager
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: Olatunde Sobomehin
Chief Executive Officer
StreetCode Academy
PO Box 51867
East Palo Alto, CA 94303
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the 206
Contractor and Professional Services Agreement Page 7 of 1 (Rev. 9.07.2021)
subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Contractor agrees and acknowledges that this confidentiality provision does not law, pursuant to a subpoena, the California
Public Records Act, or Order of the Court.

34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
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35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
nts.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

StreetCode Academy
Non-profit
By:

Olatunde Sobomehin
Chief Executive Officer
DATE: ____________________
By:__________________________
Josh Cantwell
Chief Financial Officer
DATE: ____________________
.

CITY OF EAST PALO ALTO,
a municipal corporation
By: ________________________
Melvin Gaines
City Manager
DATE: ___________
APPROVED AS TO CONTENT: ___________________________ Hanson Hom Deputy Manager, Special Projects
APPROVED AS TO FORM:

John D. Lê
City Attorney

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Contractor and Professional Services Agreement Page 1 of 9 Exhibit A (Rev. 9.07.21)

EXHIBIT A

SCOPE OF WORK
StreetCode Academy

1. Representatives.

City Representative:

Karen Camacho
Housing and Economic Development Manager
2415 University Avenue
East Palo Alto, CA 94303
(650) 853-3195 (Phone)
(650) 853-3115 (Fax)
Olatunde Sobomehin
Chief Executive Director
StreetCode Academy
PO Box 51867
East Palo Alto, CA 94303
(650) 485-1413 (Phone)
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative

2. Services and Schedule.

3. Phased Performance.

If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next

4. Additional Services.

Additional services are those services related to the scope of Services of Contractor as set forth in Exhibit A but not anticipated at the time of execution of when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior 209
Contractor and Professional Services Agreement Page 2 of 9 Exhibit A (Rev. 9.07.21)
to the execution of an amendment will not be reimbursed under this Agreement or an amendment. .
number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.
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Contractor and Professional Services Agreement Page 3 of 9 Exhibit A (Rev. 9.07.21)

EXHIBIT A
ATTACHMENT 1
StreetCode Academy
Scope of Services
Program Design
StreetCode Academy (SCA) will provide STEM-centered workforce development in conjunction with strategic partnerships to generate economic opportunities for mission and is deliverable using already-established organizational infrastructure and network.

Program Duration
apprenticeship/internship programming will last from 12 to 18 months, depending upon which program track the participant chooses. However, tracking, support, and reporting will extend for a 3-year period to ensure that the living wage income requirements are being met. SCA has the intention of scaling this program based on the available resources and the results of the pilot.

Program Description
SCA will provide the following training program tracks to be funded in part with Creating Coding Careers
This program will lead candidates through a three-month pre-apprenticeship learning phase, preparing them for their Department of Labor Registered Apprenticeship program. From there, candidates embark on a 12-month apprenticeship program working remotely for a premier software company.

SCA will assist students in their search for permanent job placements as their apprenticeship approaches completion.

Cañada College
Through the Unity Developer Program, students are required to take a free (virtual) pre-apprenticeship summer course to qualify for their new 18-monthlong apprenticeship program in Unity Video Game Programming. Qualifying candidates will begin the paid, 18-month apprenticeship. SCA will assist students in their search for permanent job placements as their apprenticeship 211
Contractor and Professional Services Agreement Page 4 of 9 Exhibit A (Rev. 9.07.21)
approaches completion.

Mentorship
Mentors will play a critical role in the program. Throughout their participation in the program, students will be paired with mentors who will help them stay the course, advising them and supporting their progress, successful completion, and subsequent sustained success.

Program Logistics
Program Delivery
held ininstruction will consist of one class that encompasses a variety of professional development topics. Curriculum will include coding, interviewing techniques, life Cañada College, will offer their programming virtually through digital platforms.

Strategic Inclusion
To reinforce the inclusivity of our programs, SCA will remove barriers to participation by scheduling class sessions during non-working hours, offering asynchronous classes, providing vouchers for transportation, childcare assistance, and meal delivery on class days, as needed as well as providing instruction in both Spanish and English. Additionally, SCA will assist students financially through covering miscellaneous fees associat
programming.

Economic Success Goals
SCA envisions a multi-point entry to a clear pipeline leading to sustained economic ob training and apprenticeship programs.

SCA will provide mentorship and tracking for all participants in the program over a 3-year period to ensure that employment and income goals are being met and sustained. SCA will track participant success in two main ways: quarterly checkins with a mentor and alumni surveys. These methods will help SCA gather data for internal and external reporting.
212
Contractor and Professional Services Agreement Page 5 of 9 Exhibit A (Rev. 9.07.21)
Program Path to Real Employment
Program Stage Employment Stage
Pre-Apprenticeship Candidates complete an introductory 3-month preapprenticeship course in order to qualify for the apprenticeship program.

Apprenticeship After completing the three-month pre-apprenticeship with CCC/Cañada College, students are matched
with an apprenticeship program at a tech company
and guaranteed 12-18 months employment.

Post-Apprenticeship After the 18-month apprenticeship program at Cañada College, there is an 85% matriculation rate
into the company full-time. After the 12-month CCC
apprenticeship, SCA will assist in a job search &
salary negotiation.

Job Generating Relationships
maintain partnerships and connections with tech companies in the Bay Area. Due to their geographic proximity and many professional connections, SCA enjoys an exceptional level of access to and support from the tech community. Through their networks, SCA will seek to place students in Internships and Exposureships (which can be paid and/or unpaid) and will continue to nurture industry relationships that support their goal of placing students into career-track positions. SCA will pilot different internships, ranging from full-time to part-time, both virtual and in-person, with tech companies and local organizations.

Program Recruitment
SCA has a strong presence and reputation in the East Palo Alto community, which contributes to a large reach within their target demographics. SCA will recruit program participants through direct mailers, fliers, signs throughout the city, targeted social media posts, emails, text message campaigns, referrals, and word of mouth from past participants. All recruitment outreach will be conducted in both Spanish and English. For this initiative, program participants must be 18 years or older and a resident of East Palo Alto.

Program Staff
Key staff at SCA that will be assigned to administer the program include the below individuals. SCA shall notify the City of any changes in key staff during the term of the agreement.
213
Contractor and Professional Services Agreement Page 6 of 9 Exhibit A (Rev. 9.07.21)
Daniel Ramos - Instructional Design Manager
Kyle L. Carter - Outreach & Community Engagement Associate Aaron Barron - Director of Partnerships
Tamara Sobomehin Chief Education Officer
Performance Reports and Invoices
Contractor shall submit Performance Reports and invoices to the City on a quarterly basis in accordance with the following schedule:

Report Period Due Date
March 1 to June 30, 2023 July 31, 2023
July 1 to September 30, 2023 October 31, 2023
October 1 to December 31, 2023 January 31, 2024
January 1 to March 31, 2024 April 30, 2024
April 1 to August 31, 2024, or until end date of
agreement
September 30, 2024, or can be
combined with Final Performance
Report
The Final Performance Report shall be submitted to the City within 60 days of the end date of the agreement, including any approved extension.

EXHIBIT A
ATTACHMENT 2
StreetCode Academy
Performance Metrics and Reporting Requirements
Item Description Performance Metric Reporting
A Quarterly
Performance Report
Submit quarterly report to City
with quarterly invoices
Cover Items 1-8 for the reporting
period
Provide progress report (quantitative
and qualitative data) and any
recommendations for program
refinements.

B Final Performance
Report
Submit quarterly report at
conclusion of agreement or full
expenditure of funds
Cover Items 1-8 for the full
agreement period.

Conduct program assessment
(quantitative and qualitative
analysis) with recommendations for
improvements.

Offer observations for enhancing
City's Workforce Development
Program.

C Post-Agreement
Monitoring of
Program Enrollees
Follow program enrollees for
36 months after completion of
training program
Report on status of Item 9.

Describe successes and challenges
for program enrollees in advancing
their careers.

Describe further assistance and
support provided.

Offer input from program enrollees.

Offer further observations for
enhancing City's Workforce
Development Program.
1 Program Enrollment Enroll minimum 20 East Palo
Alto residents in Creating
Coding Career or Cañada
College Program
Non-confidential data on enrollees to
date (e.g., age, gender, racial
composition, special needs,
education, employment)
2 Program Outreach Multiple outreach methods to
East Palo Alto residents in
different languages (minimum
English and Spanish)
Description of outreach activities and
events (e.g., community groups
targeted and number of attendees or
participants)
3 Program Completion
Rate
85% program completion rate Cumulative completion rate of program enrollees
Success factors and challenges
215
Contractor and Professional Services Agreement Page 8 of 9 Exhibit A (Rev. 9.07.21)
enrollees facing to complete the
program
4 Career Development Work with Career Coach to
provide mentorship, assist with
job search, and create an
employment strategy
Description of career development
and job placement services provided
to program enrollees
5 Job Placement Rate 75% job placement within 3
months of completion of
apprenticeship
Cumulative job placement rate
Jobs obtained by program enrollees
6 Starting Wage Average starting wage $22 per
hour
Quantitative data on starting wage of
program enrollees
7 Support Services Provide support services as
needed, such as:

Skills Upgrade
Child Development Center
(childcare)
Living/transportation expenses
Technology training/equipment
Leveraging outside resources
Referral to ESOL classes
Description of supportive services
requested or provided to program
enrollees
8 Mindset Goal 10-15% increase in confidence
for 95% of participants
between beginning and end of
program
Feedback from program participants
9 Living Wage Obtain a living wage job within
36 months of completing
apprenticeship program
Data on success rate of program
enrollees in achieving a living wage
for San Mateo County (based on
https://livingwage.mit.edu/counties/06
081 for one adult with no children)
216
Contractor and Professional Services Agreement Page 9 of 9 Exhibit A (Rev. 9.07.21)

EXHIBIT A
ATTACHMENT 3

PERFORMANCE REPORT OUTLINE

2. Program Outreach: description of outreach activities and events (e.g., community groups targeted and number of attendees or participants).

3. Career Development: description of career development and job placement services provided to program enrollees.

4. Support Services: description of supportive services requested or provided to program enrollees.

5. Performance Metrics
a. Program Completion Rate
b. Job Placement Rate
c. Starting Wage
d. Living Wage
e. Other applicable performance metrics by Contractor

7. Performance Assessment (as applicable)
a. Program successes and outcomes
b. Program challenges
c. Areas for improvement or follow-up
d. Program refinements and modifications

EXHIBIT B

COMPENSATION
StreetCode Academy

1. A. City agrees to pay StreetCode
specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total amount not to exceed Two Hundred Thirty-Six Thousand Seven Hundred Dollars and no Cents or $236,700. Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.

2. Appropriate Billable Rates for Services and Additional Services. program as set forth in Attachment 1 of Exhibit B. The timing for billable payments of each program participant shall be as follows:

Payment Schedule per Program Participant
Program
50% Payment
Upon Enrollment
in SCA Program
50% Payment
Upon Enrollment
in Certification
Program
Total per
Program
Participant
Creating Coding
Careers $5,917.50 $5,917.50 $11,835.00
Cañada College $5,917.50 $5,917.50 $11,835.00
In the event an enrolled program participant does not complete a program, the remaining funds (50%) may be allocated to a new program participant.

3. Reimbursable Expenses shall be limited to actual reasonable expenditures 218
Contractor and Professional Services Agreement Page 2 of 4 Exhibit B (Rev. 9.07.21)
of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

4. Payments to Contractor.

A. Payments to Contractor shall be made within a reasonable time after services performed. Contractor shall submit invoices for payment on a quarterly basis along with a quarterly performance report as set forth in Exhibit A and confirmation of enrollment or completion of program by participants. Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. 5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice

7. Total Billed to Date
C. Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays lure to comply with
the invoice format described above.

5. Accounting Records of Contractor.

Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, record
Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection government agencies during regular business hours upon twenty-four (24) hours notice.
219
Contractor and Professional Services Agreement Page 3 of 4 Exhibit B (Rev. 9.07.21)
The obligations of Contractor under this section shall survive this Agreement.

6. Taxes.

Contractor shall pay, when and as due, any and all taxes incurred as a result shall provide City with proof of such payments upon request. Contractor hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of provisions of this Agreement.

EXHIBIT B

COMPENSATION
ATTACHMENT 1

STREETCODE ACADEMY
(C )
Funding Detail
Full Program
Cost %
City Measure
HH Funds
Program Instruction $262,000 50% $ 131,000
Program Administrator
1 Full time Program Manager to lead our
workforce development program. This person will
coordinate any new hires, oversee all program
staff, lead the strategy for future program
expansion, build relationships with new partners
$90,000 50% $ 45,000
Lead Teaching Fellow
Part Time Program Lead, lead orientation, develop
curriculum, plan and execute all recruitment
activities, lead participant support and check ins,
coordinate participant retention activities
$60,000 50% $ 30,000
Instructors 6 part time instructors to lead classes $60,000 50% $ 30,000 Facilities & Maintenance
StreetCode headquarters and program
facility $12,000 50% $ 6,000
Program Supplies
Software and other relevant technology for
participants $20,000 50% $ 10,000
Mentorship
4 mentors to support the cohort of
participants annually $20,000 50% $ 10,000
Recruitment $42,500 50% $ 21,250
Mailers
Design, printing and postage for informational
mailers to entire East Palo Alto Community to
advertise the program $15,000 50% $ 7,500
Digital Communication
Email and social media marketing to recruit
participants $5,000 50% $ 2,500
Recruitment Events Quarterly events $15,000 50%
Advertisements Signage around EPA $7,500 50% $ 3,750
Retention $90,000 50% $ 45,000
Childcare
Provide convenient childcare options for
program participants $20,000 50% $ 10,000
Food Food provided each class $25,000 50% $ 12,500
Transportation Transportation to onsite classes $15,000 50% $ 7,500 Technology Access
Ensure each participant has a device and
internet access $30,000 50% $ 15,000
SUB TOTAL $394,500 50% $ 197,250
Administrative & Overhead $78,900 50% $ 39,450
Full Program
Cost
City Measure
HH Funds
Grand Total (for a cohort of 20 students) $473,400 50% $ 236,700 Cost per Participant $ 23,670 50% $ 11,835
221
Contractor and Professional Services Agreement Page 1 of 3 Exhibit C (Rev. 9.07.21)

EXHIBIT C

INSURANCE REQUIREMENTS
I. TYPES OF INSURANCE
A. Commercial General Liability Insurance
insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage whether such operations be by Contractor or by any sub-Contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000), in aggregate or Three Million Dollars ($3,000,000) combined single limit bodily injury and property damage for each occurrence.

II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In the event that Contractor maintains broader coverage and/or higher limits than th
requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement 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 nonown insurance shall be called upon to protect it as a named insured.

F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage 223
Contractor and Professional Services Agreement Page 2 of 3 Exhibit C (Rev. 9.07.21)
will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.
224
Contractor and Professional Services Agreement Page 1 of 4 Exhibit D

EXHIBIT D

POLICY AGAINST

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

II. POLICY
All of the following are prohibited by this Policy:

Discrimination or harassment in any aspect of City employment based on any legally protected characteristic or status, including sex, gender, sexual orientation, race, color, national origin, language, ancestry, religion, age, marital status, domestic partner, physical disability, mental disability, or medical condition.

Retaliation for opposing, filing a complaint about, or participating in an investigation of, any such harassment or discrimination.

Aiding, abetting, inciting, compelling, or coercing or any such discrimination, harassment or retaliation, or attempting to do so.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.
225
Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

An individual's submission to such conduct is made explicitly or implicitly, a term or condition of that individual's employment; or,
An individual's submission to or rejection of such conducts is used as the basis for an employment decision affecting that individual; or, The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, abusive, or offensive work environment.

Sexual harassment may be verbal, visual, or physical. For example:

Verbal harassment may consist of derogatory, threatening, or intimidating comments, epithets, slurs or jokes; references to gender, physical appearance, attire, sexual prowess, marital status, or pregnancy; or sexual advances, propositions, or demands.

Visual harassment may consist of displaying or circulating derogatory or offensive posters, cartoons, drawings, photographs, pin-ups, computer images, or electronic media transmissions.

Physical harassment may consist of assault, battery, or unwelcome, unnecessary and offensive touching (kissing, hugging, patting, rubbing, pinching, brushing against), stating, leering, gesturing, whistling or making noises, impeding or blocking movement, or physical interfering with normal work or movement. 226
Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate 227
Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:

Interview the complainant, the accused, and any other person the investigator believes to have knowledge relevant to the charges; Gather and review any documentary, electronic, or physical evidence relevant to the charges;
Consult with legal counsel as needed;
Determine whether the charges can or cannot be substantiated; and Develop recommendations for appropriate remedial and/or disciplinary action, if any.

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000 228
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A

THIRD AMENDMENT TO THE LICENSE AND GRANT AGREEMENT WITH

LIVE IN PEACE FOR JOB TRAINING, JOB PLACEMENT, AND SUPPORT RESOURCES FOR AN AMOUNT NOT TO EXCEED $137,267, AND TO EXTEND THE TERM FOR THE DURATION

OF THE MEASURE HH PILOT WORKFORCE DEVELOPMENT PROGRAM PERIOD THROUGH MAY 30, 2025
WHEREAS, on November 6, 2018, the residents of East Palo Alto voted in favor of enacting a parcel tax, titled Measure HH, on commercial office space of 25,000 square feet or more at the rate of $2.50 per square foot; and
WHEREAS Measure HH funds may be appropriated for creating and maintaining programs that facilitate access to job opportunities for East Palo Alto residents in the science, technology, engineering, and mathematics (“STEM”) sectors and building trades and strengthen the City’s First Source Hiring Program; and
WHEREAS, on October 6, 2020, the City Council approved a $125,000 agreement with Brightline Defense Project (“Brightline”) to analyze and provide recommendations for implementing a Measure HH Workforce Development Program; and
WHEREAS, on July 21, 2021, and November 1, 2021, City Council held study sessions to consider the conclusions and recommendations from the Brightline report for guiding the allocation and use of Measure HH funds; and
WHEREAS, on December 21, 2021, the City Council provided direction and authorized the City Manager to release a Request for Proposals (“RFP”) to provide job training, job placement services, and support resources for workforce development in the STEM sectors and building trades for East Palo Alto residents; and
WHEREAS, on January 7, 2022, an RFP was widely distributed to experienced organizations that could provide workforce development and support resources in the STEM sectors and building trades, and several meetings were held to further publicize and respond to questions about the RFP; and
WHEREAS, in April 2022, Live in Peace submitted a proposal for both STEM and building trades workforce development, and in November 2022 submitted a revised proposal in response to comments and suggestions from City staff; and
WHEREAS, on November 15, 2022, the City Council found that the Live In Peace proposal complied with the authorized use of Measure HH funds for creating STEM and building trades job opportunities for East Palo Alto residents;
229
WHEREAS, on November 15, 2022, the City Council appropriated an amount not to exceed $775,215 from the Measure HH Fund to fund a Measure HH Pilot Workforce Development Program, and authorized the City Manager to enter into an agreement with Live In Peace for an amount not to exceed $300,030 for job training, job placement services, and support resources for East Palo Alto residents from the Measure HH Pilot Workforce Development Program, in a form approved by the City Attorney;
WHEREAS, the City Council wishes to appropriate an additional $366,418 from the Measure HH Fund to fund ten additional East Palo Alto residents in each program of the Measure HH Pilot Workforce Development Program, and authorize the City Manager to negotiate and execute an amendment with Live In Peace for an additional $137,267 for ten additional East Palo Alto residents, to provide job training, job placement services, and support services for an additional nine months, until May 30, 2025.

WHEREAS, the City Council wishes to modify the payment schedule for the additional students, in a form approved by the City Attorney, allowing for 60% payment upon initial enrollment and 40% payment upon completion, or a variation of such payment schedule as best fit.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF EAST PALO ALTO HEREBY

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;

2. Authorizes the City Manager to negotiate and execute a Third Amendment to the License and Grant Agreements (“Third Amendment”) with Live In Peace, in a form approved by the City Attorney, to increase the not-to-exceed amount by $137,267, for job training, job placement services, and support resources for an additional ten East Palo Alto residents, and to extend the term of the agreement through May 30, 2025; and

3. Find that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

PASSED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
230
SIGNED:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
231
Exhibit A
Attachment 1
City and Live In Peace Agreement
[see attachment]
232

Contractor and Professional Services Agreement Page 1 of 8 (Rev. 9.07.2021)

CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made by and between the City of East Palo Alto, a municipal corporation ("City"), as authorized by the East Palo Alto City Council via Resolution No. 153-2022, and Live In Peace, Inc., a non-profit organization, hereinafter referred to as “Contractor”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

7. Accident Reports. Contractor shall immediately report (as soon as 233

Contractor and Professional Services Agreement Page 2 of 8 (Rev. 9.07.2021)
feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.

12. Standard of Performance. Contractor shall provide products and perform 234

Contractor and Professional Services Agreement Page 3 of 8 (Rev. 9.07.2021)
all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.

Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slow down or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.

14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

The payment made to Contractor pursuant to this Agreement shall be the full and 235

Contractor and Professional Services Agreement Page 4 of 8 (Rev. 9.07.2021)
complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

Contractor and Professional Services Agreement Page 5 of 8 (Rev. 9.07.2021)

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.

The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

Contractor and Professional Services Agreement Page 6 of 8 (Rev. 9.07.2021)

If to City: Melvin Gaines
City Manager
City Manager’s Office
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: Heather Starnes-Logwood
Executive Director
Live In Peace
321 Bell Street
East Palo Alto, CA 94303
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
238

Contractor and Professional Services Agreement Page 7 of 8 (Rev. 9.07.2021)

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
239
Contractor and Professional Services Agreement Page 8 of 8 (Rev. 9.07.2021)
Exhibit A, entitled “Scope of Work,” including any attachments.

Exhibit B, entitled “Compensation,” including any attachments.

Exhibit C, entitled “Insurance Requirements,” including any attachments.

Live In Peace, Inc.
a California Non-profit Organization
By: _______________________
Heather Starnes-Logwood
Executive Officer
DATE: ____________________
By: _______________________
Justin Phipps
Secretary
DATE: ____________________

John D. Lê
City Attorney

240

Contractor and Professional Services Agreement Page 1 of 14 Exhibit B (Rev. 9.07.21)

EXHIBIT A

SCOPE OF WORK
Live in Peace

1. Representatives.

City Representative:

Karen Camacho
Housing and Economic Development
Manager
2415 University Avenue
East Palo Alto, CA 94303
(650) 853-3195 (Phone)
(650) 853-3115 (Fax)
Contractor’s Representative:

Heather Starnes-Logwood
Executive Director
Live In Peace
321 Bell Street
East Palo Alto, CA 94303
(510) 772-8917 (Phone)
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.

2. Services and Schedule.

3. Phased Performance.

Contractor and Professional Services Agreement Page 2 of 14 Exhibit B (Rev. 9.07.21)
perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed under this Agreement or an amendment. .

242

Contractor and Professional Services Agreement Page 3 of 14 Exhibit B (Rev. 9.07.21)

EXHIBIT A
ATTACHMENT 1
Live In Peace
Scope of Services
Program Design
As part of the City’s Pilot Measure HH Workforce Development Program, Live In Peace (LIP) will provide a program with a four-step process for ensuring success and moving individuals through the pipeline to living-wage jobs. This process starts 2-3 times a year to ensure students are moving forward together and allows our partner companies to create and provide adequate onboarding. Individuals can access this program outside of these cohort starts where needed, on a case-bycase basis. For the purpose of the overall program design, the process described below refers to the 2-3 times a year starts.

I. REFERRAL/RECRUITING PROCESS
LIP’s programs are relational by nature. Students who go through the programs will have access but individuals in the community can also be referred to our programs. LIP rely on the deep connections within the community to provide services and programs where needed.

Process:

1. Individuals can be referred via word of mouth, a form to be created on our site, or through partner organizations and the City. The relational nature of LIP’s work means they rarely need to recruit for our programs, but they will ensure that the community has access to the relationships within LIP to access these training opportunities.

2. LIP has a pipeline of students already in our programs that are eligible to work in a number of trades. Through LIP’s high school SWAG program, they will work with 80 students who are the least likely to graduate high school.

Upon graduating high school, they may not go to college, and many find success in moving into the trades and trade training programs.

3. LIP has a core belief that some get it now, some get it later, and some never get it, which aligns with LIP’s mission of empowering our students to reclaim a vision for their future. For a good number of LIP’s students, they “get it now,” and often follow a more traditional, straight path through education to careers. For the “get it laters,” LIP will be the place where they return, 243

Contractor and Professional Services Agreement Page 4 of 14 Exhibit B (Rev. 9.07.21)
regardless of the reason (trauma, family, prison, etc.). LIP will work with these individuals to obtain living wage jobs upon re-entry and find trades that will fit the individual’s interest and skills.

II. INTAKE/INTERVIEWS
LIP will meet and interview individuals to ensure they are the right fit for their program as well as provide the interviewing on behalf of our partners. This component will maintain the relationships they have with their partners to provide the training and access to entry level, living wage jobs.

Process: LIP will hold interviews two to three times a year to get to know the individual and evaluate their skill level, interest, commitment, potential barriers to employment, and more to best advise them and provide support as they start their training. Interviews are done by LIP staff members, as well as community members and a potential for City Employees to aid in the interview process.

III. COURSES/TRAINING PROGRAMS
LIP will partner with Eden Area Regional Occupation Program, Western Allied Mechanical, and Junior College Trade programs to provide both paid and unpaid training opportunities for individuals looking to enter the electrician and mechanical construction trades. LIP will also partner with Year Up to provide training in IT support services. For those unpaid training opportunities, LIP provide stipends to supplement participants’ income as well as ongoing life coaching and mentorship. These partnerships provide all the training necessary for students to “graduate” from these programs and start their careers. Many of these programs have students starting at $35/hour or more.

Process: Once the individuals have been vetted, LIP will work with the respective training programs to get students enrolled and set up to be successful. This could include providing the necessary equipment, access to transportation, or childcare, as well as connecting them to the contacts at the respective partner training sites. While LIP is not providing the training, they will cultivate the opportunities that allow access to training.

IV. PIPELINE TO JOBS
LIP will partner with local companies to provide training and job openings for individuals who successfully complete the training programs. Partner companies will provide entry-level jobs in the trade, starting at $35/hour (often higher) and provide stable work and the start of potentially life-long careers.

LIP will continue to build and nurture relationships with local companies to 244

Contractor and Professional Services Agreement Page 5 of 14 Exhibit B (Rev. 9.07.21)
ensure students have access and often first access to job openings.

Process: LIP will continue to build and nurture relationships with local companies ensuring students have access and often first access to job openings.

Program Design – Partner Details
Through partnerships, LIP will create pipelines to ensure success for participating students. LIP will prepare students for their class or courses, do the vetting and interviewing on behalf of its partners, fund the students’ classes, provide all means of support throughout the class, celebrate their graduation, and connect them with pre-apprentice and apprentice opportunities. LIP will partner with other organizations to offer the following programs:

1. Western Allied Mechanical Program
Length of time: 3 months, additional support up to an additional 6 months Program Costs: $5,000
LIP will partner with Western Allied Mechanical to launch a pilot Heavy Metal Summer Experience (HMSE). This summer program introduces students to union job opportunities in mechanical construction (HVAC and Plumbing). Through training sessions led by construction professionals, students learn the basics of sheet metal, piping, and plumbing construction, and see what it takes to build a great career in the trades. They will receive hands-on, real-world experience, the tools and equipment provided for them, and will receive a stipend for their work. Additionally, students who are over 18 years old will have the opportunity to be hired as apprentices following this experience, allowing them paid apprenticeship opportunities, leading into a full-time career.

2. Eden Area ROP Program
Length of time: Based on Program
x Electrician: 6 months, extra classes up to an additional 4 months x Welding: 4 months Program, extra classes up to an additional four months
Program Costs: Electrician, $6,000; Welding, $5,000
LIP’s will partner with Eden Area Regional Occupation Program (ROP) to provide hands-on, industry specific skills to prepare students to enter the electrical field and build a pipeline of workforce talent in skilled trades. Upon graduating, students will be ready for jobs to attain their supervised hours 245

Contractor and Professional Services Agreement Page 6 of 14 Exhibit B (Rev. 9.07.21)
needed to become a licensed electrician. LIP will seek to provide paid apprenticeships for students to obtain their hours with qualified supervisors, get real-time experience, and gain the ability to make a living wage while supporting the building of affordable housing and accessory dwelling units (ADUs) in the community. Additionally, LIP will partner with Helix, a local company working on a new apartment complex in East Palo Alto, that is committed to hiring our students as paid apprentices, furthering opening opportunities for additional students to find meaningful, successful careers.

3. Year Up Program
Length of time: 11 months
Program Costs: $6,000
For LIP high school graduates who are wanting a less traditional college/career path, Year Up will offer training and professional development, resulting in placement in full-time jobs. STEM job opportunities from Year Up include:
a. Helpdesk/desktop IT support
b. Client services and sales IT support
c. Project management IT support
d. Data analytics
e. Application development and IT support
f. Computer network support

4. Junior College Trades Program
Length of time: 2-5 years dependent on program
Program Costs: $2,500
LIP’s will partner with Foothill College for the Junior College Trades Program, which is a part of LIP’s GAP Junior College Cohort. Foothill College has a trades program that steers students to the trade unions while allowing them to obtain their AA Degree in their respective fields. Through LIP’s GAP program, students take an assessment to discover their interests and the options that are available to them. LIP will provide support students in signing up for college, choosing the right path and classes, connecting with counselors and financial aid, and offering academic and socialemotional support throughout the program. Foothill provides LIP’s GAP life coach with access to classroom space on campus for workshops on various topics including Federal Student Aid (FAFSA). Job opportunities from the Junior College Trades Program include degrees and certificates in the following:
246

Contractor and Professional Services Agreement Page 7 of 14 Exhibit B (Rev. 9.07.21)
a. Air conditioning and refrigeration technology
b. General electrician, commercial and residential
c. Plumbing technology, commercial and residential
d. Sheet metal building trade
e. Steamfitting and pipefitting technology

Program Personnel
Key staff at LIP that will be assigned to administer the program include the following individuals. LIP shall notify the City of any changes in key staff during the term of the agreement.
x Melvisha Gaines, Co-Program Manager
x Eugene Jackson, Co-Program Manager
x Heather Starves-Logwood, Program Advisor
x Robert Hover, Program Advisor
Performance Reports and Invoices
Contractor shall submit Performance Reports and invoices to the City on a quarterly basis in accordance with the following schedule:

Report Period Due Date
March 1 to June 30, 2023 July 31, 2023
July 1 to September 30, 2023 October 31, 2023
October 1 to December 31, 2023 January 31, 2024
January 1 to March 31, 2024 April 30, 2024
April 1 to August 31, 2024, or until end
date of agreement
September 30, 2024, or can be
combined with Final Performance
Report
The Final Performance Report shall be submitted to the City within 60 days of the end date of the agreement, including any approved extension.

Contractor and Professional Services Agreement Page 8 of 14 Exhibit B (Rev. 9.07.21)

EXHIBIT A
ATTACHMENT 2
Live In Peace
Performance Metrics and Reporting Requirements

Item Description Performance Metric Reporting
A Quarterly
Performance
Report
Submit quarterly report to City
with quarterly invoices
Cover Items 1-7 for the reporting period
Provide progress report (quantitative and
qualitative data) and any
recommendations for program
refinements.

B Final
Performance
Report
Submit quarterly report at
conclusion of agreement or full
expenditure of funds
Cover Items 1-7 for the full agreement
period.

Conduct program assessment
(quantitative and qualitative analysis) with
recommendations for improvements.

Offer observations for enhancing City's
Workforce Development Program.

C PostAgreement
Monitoring of
Program
Enrollees
Follow program enrollees for
36 months after completion of
training program
Report on status of Item 8.

Describe successes and challenges for
program enrollees in advancing their
careers.

Describe further assistance and support
provided.

Offer input from program enrollees.

Offer further observations for enhancing
City's Workforce Development Program.
1 Program Enrollment
1a Level 1:

Minimum
Barriers
Enroll 11 or more East Palo
Alto residents
Non-confidential data on enrollees to
date (e.g., age, gender, racial
composition, special needs, education,
employment)
1b Level 2:

Average
Barriers
Enroll up to 7 East Palo Alto
residents
Same as above
1c Level 3:

Maximum
Barriers
Enroll up to 2 East Palo Alto
residents
Same as above
2 Program
Outreach
Multiple outreach methods to
East Palo Alto residents in
different languages (minimum
English and Spanish)
Description of outreach activities and
events (e.g., community groups targets
and number of attendees or participants)
248

Contractor and Professional Services Agreement Page 9 of 14 Exhibit B (Rev. 9.07.21)
3 Program
Completion
Rate
85% program completion rate Cumulative completion rate of program enrollees
Success factors and challenges enrollees
facing to complete program
4 Career
Development
Work with Life Coach to
provide mentorship, assist with
job search, and create an
employment strategy
Description of career development and
job placement services provided to
program enrollees
5 Job
Placement
Rate
75% job placement within 3
months of program completion
Cumulative job placement rate
Jobs obtained by program enrollees
6 Starting
Wage
Average starting wage $22 per
hour
Quantitative data on starting wage of
program enrollees
7 Support
Services
Provide support services as
needed, such as:

Skills Upgrade
Child Development Center
(childcare)
Living/transportation expenses
Technology
training/equipment
Leveraging outside resources
Spanish/ESOL classes
Description of supportive services
requested or provided to Level 1, 2, and
3 program enrollees
8 Living Wage Obtain a living wage job within
36 months of completing
training program
Data on success rate of program
enrollees in achieving a living wage for
San Mateo County (based on
https://livingwage.mit.edu/counties/06081
for one adult with no children)

249

Contractor and Professional Services Agreement Page 10 of 14 Exhibit B (Rev. 9.07.21)

EXHIBIT A
ATTACHMENT 3

PERFORMANCE REPORT OUTLINE

2. Program Outreach: description of outreach activities and events (e.g., community groups targeted and number of attendees or participants).

3. Career Development: description of career development and job placement services provided to program enrollees.

4. Support Services: description of supportive services requested or provided to program enrollees.

5. Performance Metrics
a. Program Completion Rate
b. Job Placement Rate
c. Starting Wage
d. Living Wage
e. Other applicable performance metrics by Contractor

7. Performance Assessment (as applicable)
a. Program successes and outcomes
b. Program challenges
c. Areas for improvement or follow-up
d. Program refinements and modifications

250

Contractor and Professional Services Agreement Page 11 of 14 Exhibit B (Rev. 9.07.21)

EXHIBIT B

COMPENSATION
Live In Peace

1. Contractor’s Compensation.

A. City agrees to pay Live In Peace (“Contractor”), at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total amount not to exceed Three Hundred Thousand Thirty Dollars and no Cents or $300,030.

2. Appropriate Billable Rates for Services and Additional Services.

Contractor’s billable rates shall be based on each participant enrolled in the program base on level of support services provided as set forth in Attachment 1 of Exhibit B. Level 1 participants will require minimal support such as tutoring and class registration and materials. Level 2 participants will require additional support beyond Level 1 such as supplemental tutoring and training, transportation, and technology tools. Level 3 participants will require Levels 1 and 2 support plus childcare services. The timing for billable payments of each program participant shall be as follows:
251

Contractor and Professional Services Agreement Page 12 of 14 Exhibit B (Rev. 9.07.21)
Payment Schedule per Program Participant
Cost Item
50% Payment
Upon Enrollment
in Training
50% Payment
Upon Completion
of Training
Total per
Program
Participant
Personnel and
Program
Expenses (20)
$3,357.75 $3,357.75 $ 6,715.50
Level 1: Minimal
Support (11 or
more)
$3,032.00 $3,032.00 $ 6,064.00
Level 2: Average
Support (up to 7) $4,282.00 $4,282.00 $ 8,564.00
Level 3: Maximum
Support (up to 2) $8,782.00 $8,782.00 $17,564.00
In the event an enrolled program participant does not complete a program, the remaining funds (50%) may be allocated to a new program participant.

4. Payments to Contractor.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)
252

Contractor and Professional Services Agreement Page 13 of 14 Exhibit B (Rev. 9.07.21)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice

5. Accounting Records of Contractor.

The obligations of Contractor under this section shall survive this Agreement.

6. Taxes.

253

Contractor and Professional Services Agreement Page 14 of 14 Exhibit B (Rev. 9.07.21)

EXHIBIT B

COMPENSATION
ATTACHMENT 1 (CONTRACTOR’S BUDGET)

LIVE IN PEACE
Cost Item Total
Budget
Total City
Funds
City Funds
per student
Notes
Personnel Expenses
Management Salary $190,000 $95,000
Management Benefits $28,500 $12,570
Program
MFT 0.5 FTE $45,000 $22,500
Financial Coach $20,000
Retreat $10,000 $5,000
Food $6,000
Supplies $6,000 $3,000
Reduction of Barriers
Base Program Costs $4,864.00 Average cost, programs range from ($2,500 - $8,000)
Level 1 Costs $1,200.00 Tutors, classes, etc.

Level 2 Costs $2,500.00 Computers, tools, etc. based on need Level 3 Costs $9,000.00
Daycare average $1500/month (6
months) working on possible
partnerships to decrease this cost
Scholarships
Level 1
(Base + Level 1) $133,408 $66,704 $6,064.00 Measure HH budget for 11 students Level 2
(Base + Levels 1 + 2) $119,896 $59,948 $8,564.00 Measure HH budget for 7 students Level 3
(Base + Levels 1 + 2 + 3) $70,256 $35,128 $17,564.00 Measure HH budget for 2 students Subtotal Scholarships $323,560 $161,780 -
Personnel & Program Expenses $305,500 $138,250 $6,715.50 Measure HH budget for 20 students Overhead $122,860 0
Total $751,960 $300,030
254

Contractor and Professional Services Agreement Page 1 of 3 Exhibit C (Rev. 9.07.21)

EXHIBIT C

Contractor and Professional Services Agreement Page 2 of 3 Exhibit C (Rev. 9.07.21)
force for not less than one (1) year after completion of services described herein.

F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage 256

Contractor and Professional Services Agreement Page 3 of 3 Exhibit C (Rev. 9.07.21)
will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.
257

Contractor and Professional Services Agreement Page 1 of 4 Exhibit D

EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.

258

Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate 260

Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
x Interview the complainant, the accused, and any other person the investigator believes to have knowledge relevant to the charges; x Gather and review any documentary, electronic, or physical evidence relevant to the charges;
x Consult with legal counsel as needed;
x Determine whether the charges can or cannot be substantiated; and x Develop recommendations for appropriate remedial and/or disciplinary action, if any.

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000 261
Attachment 7
Pilot Program Performance Metrics and Reporting Outcomes (March 2024)

1. Program Enrollees
Table 1: Program Enrollee Demographic Data
Live In
Peace
(STEM &
Building
Trades)
JobTrain
(STEM)
JobTrain
(Building
Trades)
StreetCode Academy
(STEM)
Total
Students
18 11 15 13
Age Ages
range from
17 to 32
years old;
78% are
“Youth”
ages 24
and under
55% are
“Youth” ages
18-24
60% are
“Youth” ages
18-24
Ages range from 19 to 66
years old; the median is
36 years old
Gender 33.3% are
women

66.6% are
men
18% women
82% men
0% women
100% men
46% are women
46% are men
8% prefer not to answer
Race/
Ethnicity
22% Black
61% Latinx
6% Mixed
11%
Pacific
Islander
64% Latinx
9% Pacific
Islander
9% White
18% Black
67% Latinx
7% Pacific
Islander
7% White
13% Black
7% Asian
31% Black
31% Latinx
15% White
15% prefer not to answer
Special
Needs
No data
reported.

None selfidentified as
having
special needs
None selfidentified as
having
special
needs
23% identified as having
special needs.

Level of
Education
No data
reported.
73% finished
high school
18% had
some college
or tech
school
87% finished
high school
7% had
some college
or tech
school
8% some high school
15% finished high school
or GED
23% some college
262
9%
completed a
bachelor's
degree
7% had less
than high
school
degree
23%
trade/technical/vocational
training
Prior
Employment
Status
No data
reported.
55% were
unemployed
18% were
employed
part time
27% were
employed
full-time
40% were
unemployed
20% were
employed
part time
34% were
employed
full-time
7% never
employed
46% were unemployed
54% were employed
0% retired

2. Program Outreach
Live In Peace
“Outreach activities have included conversations one one-on-one with current Live In Peace program participants. We plan to continue these conversations as students have graduated high school and college and are meeting with their life coaches to plan next steps. Live In Peace has mainly existed through word of mouth through our deep connections with the community and generations of families. Additionally, as many of our seniors, both high school and college, are facing the end of their schooling, we are working diligently with them to create a vision, plan, and pathway for their life posteducation” (Live In Peace, Third Quarter, January 2024 Report).

JobTrain
“JobTrain is working hard to collaborate with our HH EPA partners: Live in Peace and Street Code. We hosted our HH EPA partners at JobTrain on July 24, 2023 to give our EPA community partners an opportunity to learn more about JobTrain as well as JobTrain to learn more about our partner’s services. As a result, we have begun to create new pathways for clients to utilize resources from the different organizations.

Live in Peace has been using space at JobTrain to provide client engagement services.

In addition, Street Code and JobTrain is determining ways to provide referrals to each other for IT classes that may not be offered at both organizations. JobTrain hopes to further expand cross-referral pathways as we continue conversation and collaboration with Street Code and Live In Peace” (JobTrain, Second Quarter, October 2023 Report).

StreetCode Academy
263
“SCA has an application process that is public on our website:
https://streetcode.org/WIP/
● The StreetCode community received an announcement with a link and/or QR code to the WIP application online
● If they could not access the application online, they came by our community events or classes to get assistance
Outreach was done through the following means:
● Canvassing with 300 flyers in the EPA neighborhoods
● Emailing and texting the SCA community and community partners (contact list of 8,000)
● New: Tabling at a variety of Community events
o Pop-Up: KITS Cubed STEM Fair
o EPA Community Music Festival
o Rainbow House Art Show
● Posting on social media to over 7,000 followers across Instagram, LinkedIn, and Facebook.
● New: Updating information across our monthly CORE newsletter to get them access to the certification” (StreetCode Academy, Second Quarter, October 2023 Report).

3. Career Development
See staff report. Below are descriptions of the new programs added to the agreements:

Live In Peace
Aviation Institute of Maintenance
Length of time: 15 months
Program Costs: $17,000

LIP is partnering with Aviation Institute of Maintenance to introduce students to electricity, surfaces and controls, transportation structures, power systems, hydraulics, and electrical control systems. The student is guided in adequately documenting maintenance procedures within forms and records, ensuring a safe and compliant working environment, and developing skills as a maintenance professional. The program features specialized instruction in nondestructive testing, inspection, welding, wind energy, 3D printing, or other areas that the local campus and employers have designated as essential within the maintenance industry.
264
Bay Area Medical Academy
Length of time: 9 months
Program Costs: $10,000
LIP is partnering with Bay Area Medical Academy for medical assistance certificates.

Students will learn and/or obtain:
• National Certified Medical Assistant
• Certified EKG Technician, CET
• California Certified Phlebotomy Technician (CPT-1) / National Certified Phlebotomy Technician (through the National Center for Competency Testing for Phlebotomy, mandatory for California State CPT-1 Licensing) • Administrative skills training
• A 200-hour externship to put skills learned to use in the field • Clinical skills training
CAL ACE Nursing Academy
Length of time: 7 weeks
Program Costs: $5,000
LIP is partnering with CAL ACE Nursing Academy for students to gain the essential skills to become certified nursing assistants, including 60 modules, including basic understanding, training, and leadership for healthcare workers, allowing for continuing education beyond CNA within the nursing field. Additionally, students gain practical experience in diverse settings such as hospitals, nursing homes, and clinics.

In addition to covering the cost of the above programs, Live In Peace provides customized support services to meet the living needs of participants, as described in further detail in the “Support Services” section below. The level of assistance vary based on the assessment of each student’s circumstances and typically extends well beyond the training program. The three barrier levels for assistance are as follows: Level 1 - minimal (tutors, supplies), Level 2 - average/medium (Level 1 plus scholarships, stipends), and Level 3 - maximum (Levels 1 & 2 plus childcare, transportation). So far Live In Peace has had nine Level 1, five Level 2 and two Level 3 participants, and two participants with varying needs depending on the stage in the program.

STEM Training - Coursera Plus - UI/UX Design
Length of time: 1-2 years dependent on program
Program Costs: $500-1000
LIP has seen success with Coursera where individuals are needing a career change and are able to gain the skills and experience needed to establish themselves in a new field.

Coursera provides flexible, affordable, job-relevant online learning to individuals with a wide range of learning opportunities learning to job-ready certificates and degree programs. Individuals are able to further their education, skills, and qualifications making them prime candidates in the STEM field. In addition to the Coursera classes, individuals 265
are included as a part of our GAP cohort where they are receiving the services and supports as well.

Junior College STEM Certificate Programs
Cañada College - Digital Art and Animation Certificate
Length of time: 1-2 years dependent on program
Program Costs: $1,500-2,500
LIP is partnering with Cañada College for certificates in the STEM fields, and incorporate these young adults into our GAP Cohort. We are looking to cultivate a similar partnership with Cañada as Foothill which provides LIP’s GAP life coach with access to classroom space on campus for workshops on various topics including Federal Student Aid (FAFSA). Job opportunities accessed through the Digital Art and Animation certificate include: graphic designers, production designers, web designers, production assistants, and digital media product development.

StreetCode Academy
Other Cañada College Certifications
• These pre-apprenticeship programs are also offered through Continuing Education
• CompTIA Cyber Security+ Program
• Qwasar Full Stack Developer Program
• Cloud Computing Academic Certificate
• IoT Big Data and Analytics Program
Grow with Google Professional Certificates
• The Professional Certification offered by Google usually takes 3-6 months about 10 hours per week to complete
• UX Design
• Digital Marketing & E-Commerce
• IT Support
• Cybersecurity
• Data Analytics
• IT Automation with Python (advanced)
Coursera Certificates
• Coursera offers certificates from a variety of companies and institutions.

These are examples of some that fit our selected pathways. • Microsoft 365 Fundamentals Specialization
• This also prepares students to take the Microsoft CertiPort certification exams. • Front-end Development (Meta)
• Meta Database Engineer Professional Certificate
• IBM Data Warehouse Engineer Professional Certificate
• AWS Certification
266
California Department of Industrial Relations Apprenticeship Programs (paid) • XR Developers
• UX Designer (Bitwise)
• Tech Support Specialist (Bitwise)
• Software Developer
• Salesforce Administrator
• Quality Assurance Software Engineer
• Project Manager
• Online Marketing Specialist (Bitwise)
• Cyber Security Technician
• Application Developer (Bitwise)
• Network Support Specialist

4. Support Services
Contractors reported on the supportive services required or provided to program enrollees.
“We have continued monthly workshops for Google suite, resume building, mock interviews, and public speaking along with other life skills classes like cooking, emotional intelligence, financial literacy, vision boards, and meditation. All program participants receive these services as well as individualized courses (life coaching, tutoring, and mentoring) to help them in the fields of their choice. We have partnered with Meta, Chegg, Western Allied, Eden Area ROP, Local Unions 467, 104 and 617 to help students get jobs in the plumbing, pipe fitting, etc. and are continuing conversations with employers to guarantee interviews for individuals from our program…Through our GAP (Growth and Purpose) program, individuals are provided with a variety of supportive services based on their needs. The GAP program fills in whatever needs one might have, including but not limited to: supplies, scholarships, stipends, tutoring, transportation, daycare, life coaching, career counseling, and mental health support. Additionally, we have been working with individuals to acquire the necessary prerequisites for training programs, i.e. driver’s licenses, stable housing and transportation, and tutoring for exams/tests” (Live In Peace, Third Quarter, January 2024 Report).

5. Performance Metrics
Contractors reported on their program completion rates, job placement rates, starting wage, living wage, and other metrics.
a. Program Completion Rates

Live In Peace
“To date, we have seen 19 enrollees for both STEM and Trade Jobs, with four new this quarter. Eight have completed their training programs: one was hired as a sheet 267
metal pre-apprentice at Western Allied” (Live In Peace, Third Quarter, January 2024 Report).

JobTrain
“Current overall program completion Rate: 48% (satisfactory/(total students who completed a program)) = 11/23
Below are the rates of program success within each track.

Program Success Rate by Track (# of satisfactory students/total students who completed the track)
Project Build 67%
Building Maintenance 33%
IT Service & Support 50%
Building Maintenance’s consists of a low program completion rate because there are only 3 students from East Palo Alto who have completed the program and only one had passed it. The other program completion rates are slowly rising due to more students who are passing as more students take the classes. We plan to keep this information in mind for targeted strategies moving forward” (JobTrain, Third Quarter, January 2024 Report).

StreetCode Academy
“100% of students are enrolled in a certification program, and plan to be concluded in Q2 2024” (StreetCode Academy, Third Quarter, January 2024 Report). b. Job Placement Rates & Starting and Living Wage
“To date, we have seen 19 enrollees for both STEM and Trade Jobs, with four new this quarter. Eight have completed their training programs: one was hired as a sheet metal pre-apprentice at Western Allied Mechanical currently making $21/hour, which will be increased to at least $28/hour in November; one completed their program with an interest in engineering and has since enrolled at Foothill while working in aviation maintenance part-time; another completed their training program and is currently working with a life coach to find career path with full-time pay; another completed the Year Up program with an additional course through StreetCode and is currently working full-time in the field making $28.85/hour ($60,000 annually); one student completed her CNA program and is working in the field making $25.30/hour, her child also is now old enough to attend school which has reduced her barrier level to a 1 as the cost of childcare is no longer a barrier; one completed Year Up and is now working at Chegg in her field making $75k/year ($36/hour); one graduated from Year Up and is working in their field at Meta, making $30/hourly; and our eighth student completed her medical assisting training and is working in an externship with the goal to be hired within four months at a rate of $27/hour…. We are excited at the preparation work that has been done with our partners 268
to ensure opportunities and access to interviews for living wage jobs in the STEM and Trade fields. We have seen 6/8 of individuals who have completed their training get jobs right away, with the remaining two actively working on pursuing their careers. Additionally, with individuals obtaining jobs in their career fields, they are furthering the network for individuals coming up behind them through our program and training opportunities” (Live In Peace, Third Quarter, January 2024 Report).
“Throughout this quarter, 2 students have successfully been placed in a job from the previous cohorts who have already graduated. 7 students are still being supported by their Career Development Specialist as well as the Alumni Coach while they seek employment, while 1 student decided to stay in their current job upon completing their program. Both IT and Construction job openings have slowed down. However, we are trying to keep spirits up for our job seekers and continue perseverance. We are in the process of establishing a streamlined and user friendly feedback machamism [sic] that allows graduated to easliy [sic] notify the program about job placement. This will ensure that the reporting process is convenient and accessible” (JobTrain, Third Quarter, January 2024 Report).

7. Performance Assessment
Contractors reported on their program successes and outcomes, program challenges, areas for improvement or follow-up, and program refinements and modifications. “We are excited about the continued success of this program. The next quarter will see more students complete their training programs and enter the workforce.

One outcome is the partnership with the small business center at the Renaissance Center, providing small business development support, mentorship, networking, and more to young adults in our program. We’re looking forward to additional outcomes as these individuals utilize this partnership more fully….

We have a number of young people who are showing interest in the trades that are not yet qualified for the training programs. We are working with them to complete the requirements and prerequisites. They are not reported within this grant as they are not officially enrolled in the program. However, there is a more solidified and concrete first step or “pre-enrollment” step that we have created to best meet the needs of these individuals.” (Live In Peace, Third Quarter, January 2024 Report). 269
Attachment 8
Pilot Program Performance Metrics and Reporting Outcomes (August 2024)

1. Program Enrollees
While the programs have exceeded expectations in supporting younger individuals ages 24 and younger, it still remains a challenge getting women to participate in the STEM and building trades fields. All programs combined have been able to achieve participation by Black, Latinx, Pacific Islander, White, and mixed race/ethnicity individuals. Live In Peace has increased its enrollment from 18 students in March 2024 to 21 students today.

StreetCode Academy has increased its enrollment from 13 students in March 2024 to 19 students today. JobTrain has increased its enrollment from 11 students in March 2024 to 18 students today in the STEM program and from 15 students in March 2024 to 22 students today in the Building Trades. See Table 1 below for more details.

2. Program Outreach
Live In Peace’s outreach is primarily through one-on-one conversations with current Live In Peace program participants, and through word of mouth through its deep connections within the community and with generations of families. Most recently, Live In Peace reported continuing one-on-one conversations as students have graduated high school and college and are meeting with their life coaches to plan next steps. Additionally, Live In Peace is working diligently with seniors in both high school and college to create a vision, plan, and pathway for their life post-education. StreetCode Academy’s outreach is multi-faceted via mailers, social media, quarterly events, and posted signage. Most recently, StreetCode Academy reported focusing outreach to their StreetCode alumni and outreach to those who participated in Exposureship events in previous quarters (these events are aimed at providing students introductions to companies and organizations across a range of industries and sizes). JobTrain’s outreach is coordinated by JobTrain’s Outreach & Recruitment Manager, and is supported by the Community Task Force and East Palo Alto Outreach Team. The Career Training Outreach team, together with the East Palo and Menlo Park Career Centers, participated in student and client recruitment at various events and locations such as the Rock-n-Roll festival, Cinco De Mayo, Juneteenth Resource Fair, Ravenswood High School, and EPICENTER. In addition, the Career Center hosted two employer spotlight and resource fairs in May 2024. 270
Table 1: Program Enrollee Demographic Data
Live In Peace (STEM &
Building Trades) as of
August 2024
JobTrain
(STEM) as of March 2024
(no updated August 2024
data)
JobTrain (Building
Trades) as of March
2024 (no updated
August 2024 data)
StreetCode Academy
(STEM) as of August 2024
Total Students 21 11 15 19
Age Ages range from 17 to 33
years old; 66% are “Youth”
ages 24 and under
55% are “Youth” ages 18-24 60% are “Youth” ages 18-
24 Ages range from 20 to 66 years
old; the median is 37.5 years old
Gender 33.3% are women

66.6% are men
18% women
82% men
0% women
100% men
53% are women ( )
42% are men
5% prefer not to answer
Race/
Ethnicity
33% Black ( )
52% Latinx
14% Pacific Islander ( )
5% Mixed
64% Latinx
9% Pacific Islander
9% White
18% Black
67% Latinx
7% Pacific Islander
7% White
13% Black
7% Asian
37% Black ( )
27% Latinx
5% White
11% Pacific Islander or Native
Hawaiian ( )
11% prefer not to answer
Special Needs None self-identified as having
special needs
None self-identified as
having special needs
None self-identified as
having special needs
No data reported.

Level of
Education
100% finished high school
38% had some college
73% finished high school
18% had some college or
tech school
9% completed a bachelor's
degree
87% finished high school
7% had some college or
tech school
7% had less than high
school degree

11% some high school ( )
16% finished high school or

GED ( )
26% some college ( )
21% trade/ technical/ vocational
training
11% college degree ( )
11% post-graduate degree ( )
5% decline to state
Prior
Employment
Status
14% were employed part-time
18% were employed full-time
55% were unemployed
18% were employed part
time
27% were employed full-time
40% were unemployed
20% were employed part
time
34% were employed fulltime
7% never employed
53% were unemployed
42% were employed
0% retired
271

3. Career Development
See Attachment 7, Mid-Program Performance Metrics and Reporting (March 2024) for descriptions of new programs that were added. No new programs have been added since March 2024.

Live In Peace

“We have continued monthly workshops for Google suite, resume building, mock interviews, and public speaking along with other life skills classes like cooking, emotional intelligence, financial literacy, vision boards, and meditation. Additionally, program participants took a First Aid/CPR Training and are all now certified adding additional experience to their resumes. All program participants receive these services as well as individualized courses (life coaching, tutoring, and mentoring) to help them in the fields of their choice. We have partnered with Meta, HIP Housing, NovaWorks, Chegg, Western Allied, Eden Area ROP, NorCal Carpenters Union, Local Unions 467, 104 and 617 to help students get jobs in the plumbing, pipe fitting, etc. and are continuing conversations with employers to guarantee interviews for individuals from our programs” (Live In Peace, Fifth Quarter, August 2024 Preliminary Report).

StreetCode Academy
“● Huddle Up, Exposureship events and Pop Ups provide them with opportunities to meet with professionals to learn about their companies and hear about their individual journeys. ● Office hours with the Work Innovation Program Manager is used to assess their career readiness skills, gather employment information to improve their resume and LinkedIn documents, strategic use of online search engines to identify jobs they can consider as they transition to a new career pathway or jobs requiring reskilling or upskilling. ● WIP Tech Lab Class covered topics introduced in the Google IT Support Certificate and Google IT Automation with Python certificate” (StreetCode Academy, Fifth Quarter, August 2024 Preliminary Report).

JobTrain - No updated reportable information.

4. Support Services
Contractors reported on the supportive services required or provided to program enrollees.

Live In Peace
“Through our GAP (Growth and Purpose) program, individuals are provided with a variety of supportive services based on their needs. The GAP program fills in whatever needs one might have, including but not limited to: supplies, scholarships, stipends, tutoring, transportation, daycare, life coaching, career counseling, and mental health support.

Additionally, we have been working with individuals to acquire the necessary 272
prerequisites for training programs, i.e. driver’s licenses, stable housing and transportation, and tutoring for exams/tests” (Live In Peace, Fifth Quarter, August 2024 Preliminary Report).

StreetCode Academy
“StreetCode is committed to ensuring the program is accessible for all participants over the year-long program. This cohort group has made use of the following services. ● Monthly stipend (up to $500) to assist with community needs ● Free hotspot rental
● Free laptop rental
● Free education classes and certifications in technology ● 1:1 career coaches to support student’s career journey ● Paid certification for pre-approved program along the four innovation pathways” (StreetCode Academy, Fifth Quarter, August 2024 Preliminary Report).

JobTrain - No updated reportable information.

5. Performance Metrics
Contractors reported on their program completion rates, job placement rates, starting wage, living wage, and other metrics.
a. Program Completion Rates

Live In Peace
“To date, we have seen 21 enrollees for both STEM and Trade Jobs, with one new enrollee this quarter. 86% have either completed their training programs or are still enrolled and on track to complete their programs. Twelve have completed their training programs (57%), with 6 still enrolled and on track toward a living wage career” (Live In Peace, Fifth Quarter, August 2024 Preliminary Report).

StreetCode Academy - 1 student completed StreetCode Academy program.

JobTrain - No data reported.
b. Job Placement Rates & Starting and Living Wage
Live In Peace
“We are excited at the preparation work that has been done with our partners to ensure opportunities and access to interviews for living wage jobs in the STEM and Trade fields.

We have seen 10/12 of individuals who have completed their training get jobs right away (83% success rate), with the remaining two actively working on pursuing their careers.

Additionally, with individuals obtaining jobs in their career fields, they are furthering the 273
network for individuals coming up behind them through our program and training opportunities…Of the students who have completed their training programs, we have seen them hired at wages ranging from $22-38.41/hour. For those making less than $34.39/hour (San Mateo County’s living wage), there are timelines and trajectories in place for them to be making more should they continue at the same job. The average income after the first year of our HH pilot is a salary of $60,177.20 or $28.93/hour. Many of our participants are in roles with guaranteed raises after specific periods of times and we anticipate them making a living wage for San Mateo County within the next two years” (Live In Peace, Fifth Quarter, August 2024 Preliminary Report).

StreetCode Academy
“b. Job Placement Rate
StreetCode did not establish a job placement service
c. Starting Wage
This information was not collected
d. Living Wage
This information was not collected”
(StreetCode Academy, Fifth Quarter, August 2024 Preliminary Report).

JobTrain - No updated reportable information.

7. Performance Assessment
Contractors reported on their program successes and outcomes, program challenges, areas for improvement or follow-up, and program refinements and modifications. a. Program Successes
Live In Peace
“We are excited about the continued success of this program. The next quarter will see more students complete their training programs and enter the workforce.

Additionally, through our monthly workshops and specifically our financial literacy class, students have opened bank accounts and are in the process of building lines of credit.

We see financial stability as a crucial part of preparing for a career path and we are proud of the success in this area.” (Live In Peace, Fifth Quarter, August 2024 Preliminary Report).
274
StreetCode Academy
“● WIP co-hosted tech classes in the Spring and Summer Quarters that introduced participants to the topics covered in IT Support and IT Automation with Python Google Certificates
● 21% of students participated in one Exposureship opportunity during the Summer, which also attracted those outside of WIP
● WIP provided an Exposureship opportunity to 39 participants in the One East Palo Alto’s Sponsored Employment Program (SEP). This also provided an opportunity for one of the WIP students to gain some work experience presenting their specific career journey and pathway examples as well as demonstrating a hands-on tech tool activity alongside the WIP Manager. The focus of the presentation was Tech Exploration (jobs, careers, industries, skills, certification, professional development).” (StreetCode Academy, Fifth Quarter, August 2024 Preliminary Report).

JobTrain - No updated reportable information.
b. Program Challenges
Live In Peace
“We are working with individuals as they figure out their career paths, which is what Live In Peace does best. From a reporting standpoint, this is a slow process as sometimes individuals complete their training and find additional paths, training, and schooling that interest them and fit their needs before entering a career in addition to having programs that last longer than a year. We are grateful for the extension to allow continued support for the 6 individuals still enrolled in their training programs.

We have found that the barriers to accessing jobs are both before and after the programming that HH is funding. The work prior to the training programs often entails work that is hard to quantify, often invisible, very relational, but makes the difference in delivering quality candidates to training programs. Much of that is unseen and not included in this report as HH covers the training programs and the time after those.

Similarly, after the training programs, there are barriers to accessing, finding, and acquiring the jobs in addition to the barriers of cost of living and the region we live. We continue to focus on these barriers and work with individuals to ensure they are successful. We are also constantly thinking of program modifications that might need to change in the future should these barriers change.” (Live In Peace, Fifth Quarter, August 2024 Preliminary Report).

StreetCode Academy
“Enrollment and participation numbers continued to decline Summer quarter amidst assurances of continued engagement in StreetCode activities. This decline signals a complex interplay of challenges faced by the workforce development program. The tech layoffs in the Bay Area continue to cast a shadow over the local job market, impacting the 275
confidence and stability of individuals seeking skill development opportunities. Moreover, the looming specter of a recession amplifies uncertainties, prompting potential participants to reconsider their commitments amid economic turbulence. Concurrently, the everyday struggles of life, such as mounting bills and health issues, serve as formidable barriers, diverting attention and resources away from educational pursuits. In this climate, maintaining consistent enrollment and active engagement demands innovative strategies that address both economic anxieties and personal hardships.

Despite facing setbacks in enrollment and participation, the assurance of continued engagement from participants underscores the intrinsic value and impact of StreetCode activities. The program's adaptability, evidenced by its utilization of various communication channels like office hours, phone calls, texting, and emails, highlights its responsiveness to the diverse needs and circumstances of its participants. Amidst the challenges of layoffs, inflation, economic downturns, and personal hardships like medical bills, the persistence of individuals in seeking skill development opportunities reflects a resilient spirit and a recognition of the program's potential to provide tangible benefits. As StreetCode takes stock of the workforce development program pilot model, maintaining open lines of communication, offering flexible support mechanisms, and fostering a sense of community solidarity will be instrumental in sustaining participant engagement and driving positive outcomes amidst adversity.

Another challenge was the level of language proficiency required for the certificate courses. Even though the Certificate prerequisites indicate no prior knowledge or experience needed to be successful in the courses, a most students found the courses too challenging due to language proficiency issues. This was particularly true of Cybersecurity and UX Design. One strategy in light of this was to recommend that they enroll in the IT Support certificate program. The second strategy was to cover the IT Support topics in the WIP Tech Lab class.” (StreetCode Academy, Fifth Quarter, August 2024 Preliminary Report).

JobTrain - No updated reportable information.
c. Program Refinements and Modifications
Live In Peace
Live in Peace mentioned again a few key things identified during the March 2024 report, including: 1) wanting to see more trades and career paths to be included in the scope of the Measure HH Pilot Workforce Development Program; 2) wanting to partner with EPACANDO or other housing providers in East Palo Alto to tie access to housing with living wage jobs; 3) wanting to see E-bikes and Micromobility as another trades pathway; 4) wanting to create more partnerships with bring additional jobs to the youth and young adults; and 5) wanting to take a closer look at how the partner organizations can learn, grow and celebrate this program, as well as understanding how a break in funding could impact the momentum underway.
276
StreetCode Academy
“Onboarding of participants should include information interviews and self-assessments.

This would allow us to determine a baseline for each participant.

As we navigate the challenges posed by inflation, economic downturns, and the burgeoning gig economy, our workforce development program remains steadfast in its commitment to empowering participants with the tools and support needed to thrive in this evolving landscape. Leveraging the expertise and experiences of program graduates to provide mentorship and networking opportunities takes on added significance in preparing individuals for entry-level freelance work in platforms like Upwork or Fiverr. By fostering a sense of community and continuity within the program, students gain not only practical skills but also invaluable insights into navigating the intricacies of the gig economy. Moreover, recognizing the imperative for flexibility in response to shifting market dynamics, the program is undergoing refinements aimed at accommodating diverse student schedules and preferences. Embracing asynchronous learning opportunities through hybrid delivery methods ensures that participants can engage with course materials at their own pace, fostering greater accessibility and inclusivity while enabling individuals to balance their pursuit of freelance work with other commitments.

In light of the changing landscape of the tech industry and the impact of layoffs, the program is intensifying its efforts to facilitate a seamless transition from workshops to entry-level freelance opportunities. Enhancing career services and job placement this initiatives, in collaboration with industry stakeholders, equips students with the skills and connections needed to secure meaningful employment in the gig economy. By connecting participants with targeted mentorship aligned with current market demands, the program empowers individuals to navigate the nuances of freelancing successfully. These strategic refinements and modifications not only ensure the program's relevance but also empower participants to thrive amidst economic uncertainties, laying a solid foundation for their success in the dynamic world of freelance work.” (StreetCode Academy, Fifth Quarter, August 2024 Preliminary Report).

JobTrain - No updated reportable information.
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East Palo Alto City CouncilSeptember 3, 2024

East Palo Alto City Council
September 3, 2024