Agenda packet, first session — Modesto City Council, January 25, 2022 (part 2 of 3)

DISCUSSION:

The well equipping design template is intended to standardize general, civil, architectural, structural, mechanical, electrical, and instrumentation features that the Water Services Division staff have identified as part of recent City well equipping projects. This standardization will not only streamline design, but standardize future operations and maintenance, and ensure that future well facilities will contain similar components.

Per Administrative Directive 3.1, the Director of Utilities, at his direction, may secure a candidate firm if it is in the best interest of the City and if the firm has rendered satisfactory services with the City.

The City has previously retained West Yost to provide engineering services for Well 67 at Grogan Park, Well 70 in Del Rio and Well 72 (Replacement Well 229). West Yost has rendered satisfactory engineering services in the past which included developing design drawings, specifications, cost estimates for both subsurface and surface improvements for the wells listed. Therefore, staff is recommending the use of West Yost Associates for the development of this well design template.

The agreement with West Yost will encompass the following scope of services:
 Task 1 - Develop Design Template
o Provisions for Mechanical, Electrical and Instrumentation o Provisions for General, Civil, Architectural and Structural Design o Provisions for Well Conversion to Support Future Aquifer Storage and Recovery (ASR) Program
 Task 2 - Project Management, Meetings, and Workshops
In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Based on the consultant’s project team and previous experience, staff recommends the approval of an agreement with West Yost Associates for engineering services for the creation of a well equipping design template.

FISCAL IMPACT:

A new non-capital project account will be created to track the expenses associated with this effort and will be funded in FY 2021/22 upon Council approval.

ANTICIPATED ENGINEERING EXPENDITURES
Engineering Services Agreement – West Yost $70,300
Additional Services (10%) if needed $7,030
City Staff (15%) $10,545
TOTAL $87,875
COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the December 6, 2021 meeting where it was recommended that it be forwarded to Council. #12..
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City Council, January 25, 2022
Approve Agreement with West Yost Associates
Engineering Services for Well Equipping Design Template

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed, for a total amount not to exceed $77,330 and authorizing the City Manager, or his designee, to execute the agreement.

Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $87,875 to be transferred into the project from Water Reserves to fund the development of a Well Equipping Design Template and authorizing the City Manager, or his designee, to implement the provisions of the resolution.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachment:

1. Resolutions (2)

2. Agreement with West Yost
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST

ASSOCIATES, OF SACRAMENTO, CA, FOR ENGINEERING SERVICES FOR

THE DEVELOPMENT OF A WELL EQUIPPING DESIGN TEMPLATE IN THE AMOUNT OF $70,300 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $7,030 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $77,330 AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, to assist with future well projects, staff has explored ways to streamline well equipping design to minimize costs as well as potential changes required during construction, and
WHEREAS, to accomplish this, a well equipping design template is being proposed that will assist staff and consultants on future well projects, and WHEREAS, the well equipping design template is intended to standardize general, civil, architectural, structural, mechanical, electrical, and instrumentation features that the Water Services Division staff have identified as part of recent City well equipping projects, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with West Yost Associates, Sacramento, CA for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300, for the identified scope of services, plus $7,030 in additional services, if needed, for a total not to exceed amount of $77,330. #12..
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BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January, 2022, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2021/22 MULTI-YEAR
PROGRAM BUDGET IN THE AMOUNT OF $87,875 TO BE TRANSFERRED

INTO THE PROJECT FROM WATER RESERVES TO FUND THE

DEVELOPMENT OF A WELL EQUIPPING DESIGN TEMPLATE AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THE RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $87,875, in order to fully fund the development of a Well Equipping Design Template, and
WHEREAS, the Fiscal Year 2021/22 Multi-Year Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $87,875 to be transferred into the project from Water Reserves.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #12..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ENGINEERING SERVICES AGREEMENT FOR THE DEVELOPMENT OF A

WELL EQUIPPING DESIGN TEMPLATE
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2021, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WEST YOST ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Services are necessary for the development of a Well Equipping Design Template.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #12..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($70,300) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #12..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or SEVEN THOUSAND THIRTY AND 00/100 DOLLARS ($7,030). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure.

If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed SEVENTY-SEVEN THOUSAND THREE HUNDRED THIRTY AND 00/100 DOLLARS ($77,330). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Roberto Vera, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
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7. NEWS AND INFORMATION RELEASE.

Consultant 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 Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #12..
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10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
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13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: West Yost Associates, Inc.

Address: 8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
Attention: Roberto Vera
Phone: (209) 996-0756
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Robert Davalos
Phone (209) 571-5869
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall #12..
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provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #12..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #12..
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limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #12..
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Termination by City for Convenience
TheCitymay also terminate theConsultant's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. TheCityshall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such #12..
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subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such other information and material as mayhave been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date. #12..
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City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #12..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
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Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #12..
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22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #12..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021- , adopted by the Council of the City of Modesto on the day of , 2021, and WEST YOST ASSOCIATES, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #12..
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8950 Cal Center Drive
Bldg. 1, Suite 363
Sacramento CA 95826
916.306.2250 phone
530.756.5991 fax
westyost.com
October 6, 2021 SENT VIA: EMAIL
Robert Davalos, PE
Senior Civil Engineer, Utilities Department
City of Modesto
1010 10th Street
Modesto, CA 95353
SUBJECT: Proposal for Engineering Services - Groundwater Well Equipping Design Template Dear Robert,
West Yost is pleased to present this proposal for engineering services to the City of Modesto (City) to assist in the development of a design template for the City’s use on future groundwater well equipping projects. The design template will be developed using recent successful well equipping projects and modified (as necessary) based on discussions and input from City Engineering and Operations staff.

PROJECT UNDERSTANDING AND APPROACH
The City has completed or is nearing completion of the construction of several new wells (e.g., Well 67 at Grogan Park, Well 68 in Del Rio, Well 70 (Replacement of Well 271) in Del Rio, Well 71 (Replacement of Well 226) and Well 72 (Replacement of Well 229)) and is planning on replacing/constructing wells on a regular basis moving forward to rehabilitate and renew aging groundwater infrastructure.

To streamline well equipping design and to minimize changes during construction, the City has asked West Yost to develop a “design template” that could be used as a reference for all future well equipping projects, and modified as necessary based on project-specific requirements. The design template is intended to standardize general, civil, architectural, structural, mechanical, electrical and instrumentation features that City Operations staff have identified as part of recent well equipping projects. This standardization will not only streamline design, but standardize future operations and maintenance, and ensure that future facilities will contain similar components (i.e., reduces the learning curve when new facilities are brought on-line and minimizes the number of spare parts).

The design template, as discussed in the following section, will be based on the design of the Del Rio Well 70 (Replacing Well 271, enclosed well) and Well 67 (well facilities exposed/open to atmosphere) Projects as modified through contract change orders. The intent of the design template is to formally document City standard preferences, materials, installation and testing guidelines for future well facilities, that can be used as a guide when beginning a new well equipping project. The design template is not intended to be used in place of design, as there are still facets of the general, civil, architectural, structural, mechanical, electrical, and instrumentation components that are specific to each well.

The following section presents the scope of services and our proposed approach to assist the City in the development of the design template.

EXHIBIT A
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Robert Davalos, PE
October 6, 2021

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SCOPE OF SERVICES
Our proposed scope of services consists of the following two tasks:
• Task 1. Develop Design Template
• Task 2. Project Management, Meetings, and Workshops
These tasks are discussed in detail in the sections below.

Task 1. Develop Design Template
Under this task, West Yost will collaborate with the City engineering and operations team to discuss preferences on all aspects of the design template. This task is categorized by design element, each of which is discussed in more detail in the following sections:
• Mechanical, Electrical and Instrumentation Element
• General, Civil, Architectural and Structural Element
• Provisions for Well Conversion to Support Future Aquifer Storage and Recovery (ASR) Program
Task 1.1. Mechanical, Electrical, and Instrumentation Element In this task, West Yost will update the Del Rio Well 70 mechanical, electrical, and instrumentation drawings with notes and callouts identifying City preferred components. The mechanical, electrical and instrumentation design template will include the following (provided as attachments to the memo):
• A list of City standard materials (for both enclosed and exposed wells facilities), • A list of installation and testing guidelines for materials, • A typical MCC One-line Drawing, MCC Elevation, and VFD Elementary Diagram, • Typical Details and P&IDs.

Partial specifications will be prepared as part of the design template for mechanical, electrical and instrumentation components. Provisions for enclosed versus exposed facilities will be considered as part of the partial specification development. Table 1 lists components and associated City preferences based on comments received on the nearly complete Well 70 Project. Table 1 also provides an initial list of items that will be discussed at the kickoff meeting and may be further modified based on City Operations input.

This design template will be provided as a short cover memo/report, which will describe the intended use of the document, with attachments consisting of drawings, lists of materials, and/or installation and testing guidelines.

Task 1.2. General, Civil, Architectural and Structural Element In this task, West Yost will work with City staff to develop general design guidelines with respect to general, civil, architectural, and structural aspects of groundwater well projects. Each well site has different constraints, and therefore, specifications will not be prepared under this task. Rather, these guidelines are intended to compile City preferences/approaches to the various components of future projects summarized in Table 1.

EXHIBIT A
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Robert Davalos, PE
October 6, 2021

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Task 1.3 Provisions for Well Conversion to Support Future ASR Program The City currently does not have an Aquifer Storage and Recovery (ASR) program. However, the concept and application to the City has been studied (refer to Chapter 5 of the City’s 2017 Water Master Plan), but further studies have yet to be completed. With more frequent droughts occurring, and the current BayDelta Plan Amendment possibly being implemented, the City will need to consider other options to diversity/strengthen its water supply portfolio – an ASR program is one potential future consideration for the City.

In concept, an ASR program involves seasonal banking of water in the City’s aquifer during times when excess water is available (typically in the winter or spring) and subsequent recovery of the banked water when needed (typically in the fall and summer, or during droughts). An ASR program requires dual purpose wells, which have the ability not just to produce/recover water, but also have the ability to inject/store water. There are some key additional mechanical equipping components that are generally required to convert an existing well and/or design a new well to be capable for injection, and those generally include (but are not limited to) the following:
• Pressure reducing valve between distribution system and well injection line • Flow control valve to control flow into well
• Bypass piping around flow control valve to be used under normal production/extraction periods
• New wells should be designed with stainless steel casing and screens because of the more corrosive nature of oxygenated injection water
Under this task, West Yost will establish a list of preliminary components or design features that should be considered when converting a well or designing a new well with ASR capabilities. Conceptual/ schematic diagrams showing normal operations versus injection operations will be prepared.

Task 1 Assumptions:
• West Yost will prepare the design template in AutoCAD format, but the deliverables will be in PDF format to maintain intellectual property rights.
• City will provide a consolidated set of written comments on the draft design template. • West Yost will prepare partial specifications for applicable electrical and instrumentation sections.

Task 1 Deliverables
• West Yost will provide a draft and final cover memo/report with lists of approved parts, installation and testing guidelines, and drawing templates provided as attachments in PDF format.

EXHIBIT A
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Robert Davalos, PE
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Table 1. Summary of Key Well Equipping Components
Component City Preference Notes
Mechanical
Pump Check Valve Swing Check
Pump Lubrication Water
Pump Pre-lube pipeline
Solenoid to open for a set time (20-30
seconds) before pump start. Foot valve
for vacuum release with manual bypass
Pump Seal Mechanical seal with API 13 seal flush
Flange coupling adapters and flexible
connections
Minimize use, City prefers rigid above
grade piping
Emergency Eyewash/shower Add flowmeter and alarms Future installations should also include features to ensure tepid water
Hypochlorite Injection Standard Detail Accutab tablet chlorinator, Kuntze chlorine analyzer
Air/Vacuum Valve Vent Terminate 3 feet above floor Per California DDW Electrical and Instrumentation
Pump Motor WP-1 for all wells
(enclosed or exposed)
Well Level Sensor Endress-Hauser Waterpilot FMX21
Recommend that all future wells be
equipped with level sensor. Well 71 is
City preference
Electrical Circuits
Provisions to provide multiple number
of circuits to separate components and
intrusion alarms
Civil
Well flushing pipeline Manual valves
Flushing structure Standard manhole with grating and
hinged cover
Well 67, P-trap in waste line
downstream of flushing structure
Structural / Architectural
Architecture
Separate rooms for well, electrical and
chlorine. Split face masonry, standing
seam metal roof, standard colors
General
Well Head
2-inch diameter sounding tube, 3-inch
diameter gravel fill pipe, 3-inch
diameter casing vent, drop tube
strapped to pump column for level
sensor
Sounding tubes must be able to pass
the City’s preferred level sensor
Pump head /horsepower sizing Similar to approach for Well 70 Site Access Automatic gate with card reader Separate door for person access, Entry Alarm Key switch per exterior of building
Provisions for ASR Well Conversion
Various
Develop list of additional equipment
needed, such as PRV and flow control
valve from distribution system to well
head

EXHIBIT A
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Robert Davalos, PE
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Task 2. Project Management, Meetings, and Workshops
West Yost will initiate the project with the City’s project manager and manage project activities for the duration of the project. Activities include West Yost internal project controls, monthly invoices including a brief summary of work completed during the billing period, management of the project team and coordination with City staff.

The project will start with a kickoff meeting concurrent with the first workshop, discussed below. During the project kickoff meeting, West Yost will review the overall project work plan, schedule, and discuss communication protocols. The City’s project manager and the West Yost project manager will meet less formally on a bi-weekly basis to discuss project progress and any issues that may arise.

The following three workshops are currently assumed:
• Workshop 1. This workshop will be conducted concurrent with the kickoff meeting, and in this workshop West Yost will review and refine the proposed design template and discuss City preferences on future well facilities. The focus of this workshop is to discuss Mechanical, Electrical, and Instrumentation elements of well sites. • Workshop 2. This workshop will be conducted to discuss General, Civil, Architectural, and Structural elements, in addition to ASR provisions.
• Workshop 3. This workshop will be conducted to receive and discuss City comments on the draft design template.

These workshops are assumed to be in-person meetings, but accommodations to conduct these meetings virtually due to COVID-19 restrictions on gatherings can be made as necessary.

Task 2 Assumptions:
• Three in-person workshops (budgeting assumes 1.5 hours, each) • Up to 10 project status calls (1/2 hour each).

Task 2 Deliverables
• West Yost will prepare and provide workshop materials and handouts, meeting agendas.

EXHIBIT A
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Robert Davalos, PE
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SCHEDULE
Table 2 below illustrates the anticipated schedule.

Table 2. Anticipated Schedule
Task
Weeks from Notice to Proceed
1 2 3 4 5 6 7 8 9 10 11 12 13 14
Prepare Draft Design Template
Prepare Final Design Template
City Review Period
Project Management, Meetings and Workshops
Kickoff Meeting / Workshop 1
Workshop 2
Workshop 3
BUDGET
West Yost proposes to perform these services on a time and expenses basis in accordance with our 2021 billing rate schedule (Attachment A). The estimated not-to-exceed cost to perform the proposed scope of work is provided in Table 3, which summarizes the estimated level of effort and costs by task. West Yost will not bill beyond the authorized budget amount without written approval from the City.

Table 3. Summary Estimated Level of Effort and Costs by Task Task Level of Effort, hours
Estimated
West Yost
Hours
Subconsultant
Fee, dollars
Estimated
Budget,
dollars
Task 1.1 Mechanical, Electrical, and Instrumentation Element 60 29,600 43,500 Task 1.2 General, Civil, Architectural, and Structural Element 24 -- 6,200 Task 1.3 Provisions for Well Conversion to Support Future ASR Program 28 -- 6,900
Task 2. Project Management, Meetings, and Workshops 42 2,300 13,700 Total Project Hours and Budget 154 $31,900 $70,300

EXHIBIT A
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Robert Davalos, PE
October 6, 2021

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We appreciate the opportunity to continue to work with the City of Modesto and look forward to providing these proposed services. Please contact me at 209-996-0756 or [email protected] or Elizabeth Drayer at 650-740-3762 or [email protected] if you have any questions or need additional information.

Sincerely,

WEST YOST
Roberto Vera, PE Elizabeth Drayer, PE
Senior Engineer Vice President and Principal-in-Charge
RCE #83500 RCE #46872
Attachment A: 2021 West Yost Billing Rate Schedule

EXHIBIT A
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(Effective January 1, 2021 through December 31, 2021)*

POSITIONS

ENGINEERING
Principal/Vice President $307
Engineer/Scientist/Geologist Manager I / II $291 / $304 Principal Engineer/Scientist/Geologist I / II $263 / $279 Senior Engineer/Scientist/Geologist I / II $236 / $247
Associate Engineer/Scientist/Geologist I / II $202 / $216 Engineer/Scientist/Geologist I / II $162 / $188
Engineering Aide $95
Field Monitoring Services $87
Administrative I / II / III / IV $83 / $105 / $126 / $139

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $302 / $304
Principal Tech Specialist I / II $277 / $287
Senior Tech Specialist I / II $254 / $266
Senior GIS Analyst $230
GIS Analyst $217
Technical Specialist I / II / III / IV $162 / $185 / $208 / $232 Technical Analyst I / II $116 / $139
Technical Analyst Intern $94
Cross-Connection Control Specialist I / II / III / IV $121 / $131 / $147 / $164 CAD Manager $183
CAD Designer I / II $142 / $160

CONSTRUCTION MANAGEMENT
Senior Construction Manager $294
Construction Manager I / II / III / IV $179 / $192 / $204 / $258 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $157 / $174 / $194 / $202 Apprentice Inspector $142
CM Administrative I / II $76 / $102
Field Services $202

LABOR CHARGES
(DOLLARS PER HOUR)
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. 2021 Billing Rate Schedule
* This schedule is updated annually

EXHIBIT B

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(Effective January 1, 2021 through December 31, 2021)*
Equipment Charges

EQUIPMENT
Gas Detector $80 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Standard $40 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Trimble GPS – Geo 7x $220 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2021 Billing Rate Schedule
* This schedule is updated annually

EXHIBIT B

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: December 27, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call Construction Services for Various Capital Improvement Projects Ewing Construction Services
CONTACT: Jesse Franco, Engineering Division Manager, [email protected], (209) 571-5175
DESCRIPTION:

Consider approving an On-Call Construction Services Agreement with Ewing Construction Services, of Davis, CA, for a term of one-year with two one-year extensions options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Construction Administration section is housed within the Engineering Division of the Utilities Department, but is responsible for construction management and inspection services for nearly all capital projects over $50,000, emergency projects, and inspection of all encroachment permits issued by the City. Construction services are vital in the successful bidding and construction of projects as these services provide review of plans and specifications, review of change orders and project schedules to identify any potential issues or discrepancies.

Depending on the complexity and nature of the project, construction services may require specialized expertise and/or additional resources other than the City has available internally.

With recent transitions in engineering staffing, there is a resource impact on construction services.

Retaining an on-call consultant allows the Utilities Department to have accelerated and convenient access to specific construction services to resolve any project issues in a timely fashion.
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City Council, January 25, 2022
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DISCUSSION:

Ewing Construction Services has provided assistance with several capital projects which has helped the City avoid claims and complete successful resolutions and negotiations with contractors.

In accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement.

Additionally, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City, and if the consultant has rendered satisfactory services to the City. Considering Ewing Construction Services has provided successful construction services to the City, there is efficiency in utilizing these resources. Therefore, staff is requesting that this item be forwarded to Council for consideration and approval.

The scope of services to be provided include:
 Biddability/Constructability Review of Projects During Planning and Design  Address Bidder Questions and Addenda during Bid Period  Bid Evaluations and Award of Contract
 Preparing Field Directives and Potential Change Orders  Contractor Change Order Proposals
 Contractor Dispute Resolution and Review of Formal Claims  Review of Contractor Critical Path Method Construction Schedules  Contractor Correspondence
 Contract Administration Duties and Meetings during Construction The proposed agreement is for an initial one-year term, plus two one-year extension options, at the sole discretion of the City. When on-call construction services are required a written task order will be issued to the consultant identifying the agreed upon scope, cost, and schedule to complete the specific task. No services will be performed until a written task order has been reviewed and approved.

FISCAL IMPACT:

Costs for on-call construction services are not expected to exceed $100,000 per year. The total cost for the proposed three-year contract term (initial one-year term, with two one-year extension options) is not to exceed $300,000. No new budget allocations are required at this time as task orders associated with this agreement will be project specific and encumbered against existing approved Capital Improvement Program budgets.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the December 6, 2021 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for an annual cost not to #13..
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City Council, January 25, 2022
On-Call Construction Services for Various Capital Improvement Projects Ewing Construction Services

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exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

William Wong, Utilities Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement with Ewing Construction Services
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN ON-CALL AGREEMENT FOR

CONSTRUCTION SERVICES WITH EWING CONSTRUCTION SERVICES,

DAVIS, CA, FOR ONE YEAR WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL COST NOT TO EXCEED $100,000, AND A TOTAL COST NOT TO EXCEED $300,000 OVER THREE YEARS, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, Construction Services are vital in the successful bidding and construction of projects, and
WHEREAS, there are a number of Capital Improvement Program (CIP) projects that may require outside consultant services for efficient project delivery, and WHEREAS, retaining an on-call consultant allows the Utilities Department to have accelerated and convenient access to specific construction services to resolve any project issues in a timely fashion., and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement, and
WHEREAS, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for #13..
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an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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ON-CALL AGREEMENT FOR CONSTRUCTION SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and EWING CONSTRUCTION SERVICES, a Sole Proprietorship, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Construction Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Construction Services.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. #13..
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The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000) per year as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set #13..
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forth in Exhibit “A”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “A”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “A” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that David Ewing will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant #13..
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therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

7. NEWS AND INFORMATION RELEASE.

Consultant 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 #13..
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Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by #13..
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facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Ewing Construction Services
Address: 417 Mace Boulevard
Suite J-336
Davis, CA 95616
Attention: David Ewing
Phone: (530) 304-0972
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jesse Franco
Phone: (209) 571-5175
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall #13..
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provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
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CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
TheCitymay also terminate theConsultant's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a #13..
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determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. TheCityshall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such #13..
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other information and material as mayhave been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or #13..
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contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, #13..
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losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely #13..
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and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the #13..
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prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #13..
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or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and EWING CONSTRUCTION SERVICES has caused this agreement to be duly executed in duplicate as of the Effective Date. #13..
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417 Mace Boulevard, Suite J-336 • Davis, CA 95616-6053 • 530-304-0972 • [email protected] October 26, 2021
Jesse R. Franco, P.E.

Engineering Division Manager
Utilities Department
City of Modesto
P.O. Box 642
Modesto, CA 95353
RE: Letter Proposal for On-Call Consulting Services
Dear Jesse:

Ewing Construction Services (ECS) is pleased to submit a letter proposal for on-call consulting services to assist City of Modesto with Utility Department projects during planning, design and construction. Possible on-call services could include:

1. Biddability/Constructability Review of projects during planning and design.

2. Asist City during Bid Period with Bidder questions and addenda.

3. Asist City with Bid evaluations and award of Contract.

4. Asist City with preparing Field Directives and Potential Change Orders and review of Contractor Change Order proposals.

5. Asist the City with Contractor dispute resolution and review of formal claims.

6. Asist the City with review of Contractor CPM Construction Schedules.

7. Asist the City with Contractor correspondence.

8. Asist the City with other Contract administration duties and meetings during construction.

Budget and ECS Costs:

Suggested Initial Budget: $45,000.00
ECS hourly rate is $165/hr. through end of 2022.

ECS billable expenses to include mileage at current IRS rate, reasonable lodging cost if overnight stay required, parking fees and outside printing costs.

If approved ECS subconsultants are retained, ECS charges a 5% mark-up on all approved subconsultant billings.

Thank you for contacting ECS and requesting this proposal letter. Please contact me if you have any questions or require additional information.

Sincerely,
David B. Ewing
Owner
$100,000 per year for up to three years

EXHIBIT A
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: December 29, 2021
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call Real Property Consulting Services
CONTACT: Jesse Franco, Engineering Division Manager, [email protected], (209) 571-5175
DESCRIPTION:

Consider approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one-year with two one-year extension options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

Real property, construction easements and/or public utility easements are frequently needed as part of Capital Improvement Program (CIP) projects. These types of services have been mainly coordinated through the City’s Property Agent; however, due to staffing transitions, the assistance of a consultant is now required. Professional real property consulting services are needed for the preparation of easements, lease agreements, brokering services and appraisals for current and future projects.

DISCUSSION:

Associated Right of Way Services (ARWS) has provided assistance with several projects which has helped the City procure the necessary easements and right-of-entry agreements to facilitate project construction.

In accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement.

Page 2 of 2 ends

has rendered satisfactory services to the City. Considering ARWS has provided successful real property consulting services to the City, there is efficiency in utilizing these resources.

Therefore, staff is requesting that this item be forwarded to Council for consideration and approval.

The scope of services to be provided include:
 Project Management
 Appraisal Services
 Acquisition and Negotiation Services for Purchase, Lease and Easements  Informal Appraisals for Estimating Purposes
 Lease Agreements for Cell Towers
The proposed agreement is for an initial one-year term, plus two one-year extensions, at the sole discretion of the City. When on-call real property consulting services are required a written task order will be issued to the consultant identifying the agreed upon scope, cost, and schedule to complete the specific task. No services will be performed until a written task order has been reviewed and approved.

FISCAL IMPACT:

Costs for on-call real property consulting services are not expected to exceed $100,000 per year. The total cost for the proposed three-year contract term (initial one-year term, with two one-year extension options) is not to exceed $300,000. No new budget allocations are required at this time as task orders associated with this agreement will be project specific and encumbered against existing approved CIP budgets.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the December 6, 2021 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement with Associated Right of Way Services
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN ON-CALL REAL PROPERTY CONSULTING

SERVICES AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES, OF PLEASANT HILL, CA, FOR A TERM OF ONE YEAR WITH TWO ONEYEAR EXTENSION OPTIONS, FOR AN ANNUAL COST NOT TO EXCEED $100,000, AND A TOTAL COST NOT TO EXCEED $300,000 OVER THREE

YEARS, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, professional real property consulting services are needed for the preparation of easements, lease agreements, brokering services and appraisals for current and future projects, and
WHEREAS, there are a number of Capital Improvement Program (CIP) projects that may require outside consultant services for efficient project delivery, and WHEREAS, retaining an on-call consultant allows the Utilities Department to have accelerated and convenient access to the necessary services required to resolve project issues in a timely fashion, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement, and
WHEREAS, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Real Property Consulting Services Agreement with #14..
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Associated Right of Way Services, of Pleasant Hill, CA, for one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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ON-CALL AGREEMENT FOR REAL PROPERTY CONSULTING SERVICES THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and ASSOCIATED RIGHT OF WAY SERVICES, INC., a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Real Property Consulting Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Real Property Consulting Services.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. #14..
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The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set #14..
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forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Matt Schock will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant #14..
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therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

7. NEWS AND INFORMATION RELEASE.

Consultant 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 #14..
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Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by #14..
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facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Associated Right of Way Services, Inc.

Address: 2300 Contra Costa Blvd
Suite 525
Pleasant Hill, CA 94523
Attention: Matt Schock
Phone: (925) 691-8500
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jesse Franco
Phone: (209) 571-5175
Email: [email protected]

14. INSURANCE REQUIREMENTS.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall #14..
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provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
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CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
TheCitymay also terminate theConsultant's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a #14..
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determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. TheCityshall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such #14..
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other information and material as mayhave been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or #14..
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contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, #14..
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losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the #14..
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prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #14..
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or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and ASSOCIATED RIGHT OF WAY SERVICES, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date.
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CITY OF MODESTO | ON-CALL RIGHT OF WAY SERVICES | 1

SCOPE OF WORK

SCOPE OF WORK
Associated Right of Way Services, Inc. (AR/WS) will provide right of way services to the City of Modesto (Client) on an as needed basis.

AR/WS has included the requested services within the following AR/WS scope categories:

1. Project Management/General Consulting
• Assistance with Closed-session meetings and reports with Council • Council presentations

2. Appraisal
• Preparation of Formal Appraisals

3. Acquisition/Negotiations
• Broker services
• Easement assistance
• Temporary Construction Easements

4. Other Services
• Assistance with informal appraisals for estimating purposes (Right of Way Estimating) • Right-of-Entry assistance
• Lease agreements for properties (limited)
• Lease agreements for cell towers (limited)

5. Not Provided
• Lot line adjustment assistance
• Property Management

1. PROJECT MANAGEMENT – GENERAL CONSULTING
• Establish work process with Client and schedule, manage and coordinate all real estate functions. • On-going consultation, meetings and recurring project management duties. • Coordinate with Client, subcontractors, AR/WS staff, and legal counsel. • Assist with analyzing various courses of action, resolve problems and recommend solutions. • Contract management, budget monitoring and control, and project reporting. • Monitor compliance with applicable state and federal laws and regulations. • Maintain accurate records. Monitor work plan and work flow. • Assistance with Closed-session meetings and reports with Council. • Council presentations.

DELIVERABLES
 Project status report spreadsheets.

2. APPRAISAL
• Preparation of Formal Appraisals. Appraisals to be delivered to Client staff as directed. • Appraisals to be prepared in accordance with California Eminent Domain Law, California Government Code Section 7260 et seq., and the Uniform Standards of Professional Appraisal Practice requirements, except as jurisdictionally exempt. EXHIBIT A
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CITY OF MODESTO | ON-CALL RIGHT OF WAY SERVICES | 2

SCOPE OF WORK
• The owner or a designated representative will be invited by the appraiser to accompany him/her during the inspection of the property.
• Appraisals to be prepared in an Appraisal Report format in accordance with Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2.
• Appraisal is for the “Fair Market Value” of the property as per California Code of Civil Procedure, Section 1263.320.
• The appraiser will issue the necessary public acquisition informational brochure to all owners. • The market value of the property taken will not include any increase or decrease in the value of the property that is attributable to any of the following:
→ The project for which the property is taken;
→ The eminent domain proceeding in which the property is taken; → Any preliminary actions of the acquiring authority relating to the taking of the property.

DELIVERABLES
 Draft Notice of Decision to Appraise for approval.
 Appraisal Report.

CLIENT OBLIGATIONS
• Adequate appraisal maps or legal descriptions and plat maps. • Design information and construction plans.
• Current title reports for each ownership.
• Environmental reports, if available.

3. ACQUISITION / NEGOTIATIONS
• AR/WS will provide real estate brokers and real estate salespersons to perform services related to the acquisition of real property. Services include the acquisition of fee simple property rights, permanent easements, and temporary construction easements.
• AR/WS will prepare acquisition documents. Said documents include, but are not limited to: offer letter, appraisal summary statement and summary of the basis for just compensation, summary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure. AR/WS will initiate and maintain individual acquisition files. All acquisition documents to receive Client’s written approval as to form prior to use in the field. • All discussions for the acquisition of property or an interest therein will be directed to result in the payment of just compensation.
• If settlement with owners and other required interests is reached pursuant to the Client approved appraisal or Client approved administrative settlement, AR/WS will prepare a Memorandum of Settlement for transmittal to Client. If an administrative settlement appears to be prudent, AR/WS will prepare a settlement discussion memorandum reviewing the issues. This memorandum will require Client written approval before implementation of any settlement agreement.
• AR/WS will make every reasonable effort to acquire property on behalf of the Client expeditiously through agreement with its owner and to avoid litigation. This may necessitate greater levels of effort in the

EXHIBIT A
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CITY OF MODESTO | ON-CALL RIGHT OF WAY SERVICES | 3

SCOPE OF WORK
negotiations phase and, where appropriate, should continue after eminent domain has been initiated. Client will provide ongoing feedback to AR/WS as to authorization for settlements. • AR/WS will establish a process of coordinating escrow closings and reviewing escrow instructions. Where there are escrow closings, preparation of escrow instructions will be completed by title company. Approval of conditions of title and escrow instructions, including but not limited to, “subject to” title exceptions, will be done by Client.
• If agreement with all owners and other required interests cannot be reached, AR/WS will advise Client that negotiations have reached an impasse. The Client will consider scheduling of an action in eminent domain including the required public necessity hearing. AR/WS will provide condemnation support as needed and requested, budget allowing.

DELIVERABLE S
 Draft Acquisition Documents for approval.
 Memorandum of Settlement and Signed Agreement (upon settlement).  Notice that negotiations have reached an impasse (if needed).

CLIENT OBLIGATIONS
• Written approval of all acquisition documents in a timely manner. • Direction as to administrative settlements, negotiating authority and condition of title acceptance. • Providing any formats to be used by AR/WS on Client’s behalf. • Selection of title company.
• Review and approval of title company prepared escrow instructions.

4. OTHER SERVICES
Other services requested by the City and provided by AR/WS include:

Assistance with informal appraisals for estimating purposes (Right of Way Estimating) • This task includes services related to cost estimating for potential right of way acquisitions, or other property valuation estimates provided as Broker Price Opinions (BPO) or Valuation Estimates. • Assumptions and limiting conditions will be incorporated into the estimate. • A right of way estimate or BPO is not an appraisal. It is prepared by a Broker or Salesperson and utilizes resources such as information available in the market or from past relevant valuations, sales data, listings, field inspections, interviews with brokers and Assessor’s information.

DELIVERABLES
 Right of Way Estimate, BPO, or Valuation Estimate

CLIENT OBLIGATIONS
• If R/W Estimate - Identification of parcels requiring acquisitions, and acquisition area calculations. • If BPO or Valuation Estimate – Identification of property requiring valuation Right-of-Entry Assistance (or Permits to Enter)
• Provide staff to conduct field services related to acquisition of rights of entry (ROE) or permits to enter (PTE). • Conduct on-site meetings with property owners and/or tenants, as necessary.

EXHIBIT A
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CITY OF MODESTO | ON-CALL RIGHT OF WAY SERVICES | 4

SCOPE OF WORK
• Coordinate on-site meetings with surveyors, environmental staff and other consultants that require access to conduct studies.
• Respond to property owner and tenant inquiries.
• Acquire ROE/PTE on a voluntary basis where possible and complete documentation to organize for scheduling and use by identified disciplines.
• Coordinate documentation, as directed by legal counsel, to assist in obtaining entry. Documentation may include complete files containing diary logs, correspondence, declarations and other pertinent written material.

DELIVERABLES
 Signed ROE/PTE
Lease Agreements
On a limited basis, AR/WS can provide lease agreements for properties and cell towers. AR/WS does not provide typical commercial brokerage services involving the sale, leasing or marketing of commercial properties. Services that can be provided include:
• Review of lease agreement templates
• Edits and/or comments to lease agreements
• Coordinate with City legal counsel regarding comments/edits to lease agreements • Lease negotiations
Other Services Not Requested
Additional services not requested by the City that can be provided by AR/WS include:
• Appraisal Review
• Relocation Plan preparation.
• Relocation Advisory Assistance Services
• Utility Relocation Coordination
• Right of Way Certification

5. SERVICES NOT PROVIDED
Services requested by the City, but not provided by AR/WS include:
• Lot Line Adjustment Assistance
• Property Management

EXHIBIT A
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CITY OF MODESTO | ON-CALL RIGHT OF WAY SERVICES | 5

FEE SCHEDULE

AR/WS FEE SCHEDULE

CONSULTING CATEGORY HOURLY RATE
Principal Consultant $230.00
Managing Consultant $200.00
Consultant III $155.00
Consultant II $135.00
Consultant I $120.00
Right of Way Technician $85.00
Administrative Support $70.00
Appraisal Reports Lump Sum
Appraiser III (MAI) (Hourly) $225.00
Appraiser II (Hourly) $205.00
Appraiser I (Hourly) $180.00
Subcontractors Cost + 10%
Depositions, Court Appearances, Arbitrations / Mediations, Hearings, and Testimony (including preparation) $300.00

EXHIBIT B
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: December 22, 2021
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Diversity, Equity, & Inclusion Program and Supporting Plans CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving the adoption of a Diversity, Equity, & Inclusion Program and supporting plans including the Equal Employment Opportunity Plan (EEOP), Language Access Plan, Americans with Disabilities (ADA) Plan and amending the Equal Opportunity/Disability Commission and Article II Duties to the Equity Commission. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies:

Goal I - Promote trust and engagement between the community and the City by developing a multi-lingual communications plan; and Goal J – Build a high-performance organization by attracting and retaining high-performance employees.

BACKGROUND:

The Federal Equal Employment Opportunity Act of 1972 made Title VII of the Civil Rights Act applicable to local governments and brought them under the jurisdiction of the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.

Most employers with at least 15 employees are covered by EEOC laws.1 Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.2 1 The employee threshold is 20 employees for cases involving age discrimination. 2 https://www.eeoc.gov/overview
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Diversity, Equity, and Inclusion Program

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The City of Modesto affirmed its commitment to equal employment opportunity, when Council approved the creation of the Affirmative Action Commission March 7, 1987. This commission, comprised of members of the community, was charged with advising the City Manager and City Council on the development and implementation of the (then) Affirmative Action Plan. Later, in accordance with the Americans with Disabilities Act of 1990, the City established policies to provide any qualified individual with a disability with reasonable accommodations.

Following the passage of Proposition 209 in 1996, the City reviewed its employment policies, affirmative action policies, and other relevant policies and amended them as necessary to comply with Proposition 209, which prohibited governmental agencies from considering race, sex, or ethnicity in public employment. As part of that compliance effort, the City retitled the Affirmative Action Plan to the Equal Employment Opportunity Plan.

Believing that a new name would more accurately reflect its mission, the Affirmative Action Commission (established in 1987) recommended their commission name be changed to the Equal Opportunity/Disability Commission, which was approved on March 3, 1998. By-laws were updated to reflect advising on the Equal Employment Opportunity Plan.

The City of Modesto has had a 5-year Equal Employment Opportunity Plan (EEOP) that has been updated regularly. The plan reviews the demographics of the City of Modesto Workforce as compared to the community and identifies areas where certain categories of minorities are underutilized. The purpose of the EEOP is to review policies and practices to identify and address barriers to equal opportunity.

DISCUSSION:

Just as the City’s programs have morphed over time to reflect the predominant issues and legal frameworks of the time, and language used, so has the vision and naming of programs to support these efforts. The City of Modesto’s Human Resources Department has taken a comprehensive look at the various programs and recommends bringing them all together under a single Diversity, Equity and Inclusion (DEI) Program with multiple components and supported by the creation of an Equity Commission that combines the roles of the EEO/Disability and Human Relations commission/board.

This refreshed and consolidated approach represents the City of Modesto’s commitment to fostering, cultivating, and preserving a culture of diversity, equity, and inclusion within the workplace and within the services and interactions with our community. The guiding principles of inclusion and belonging provide direction to all employees on what we believe, how we behave, and what is expected.

There are several supporting plans and policies within the program: the 5-year Equal Employment Opportunity Plan; the Language Access Plan; the Americans with Disabilities (ADA) Plan; the City Policy Against Harassment and Discrimination; the Code of Ethics; and Complaint Procedure. Each of these play a vital role in achieving its goals in this area:

Equal Employment Opportunity Plan
The updated 5-year Equal Employment Opportunity Plan focuses on comparing the City of Modesto workforce to the available workforce within the community to identify categories of gender, race, and ethnicity that may be underutilized. The City is charged with reviewing processes, policies, and procedures to identify unintended barriers and removing them. Staff will #15..
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Diversity, Equity, and Inclusion Program

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analyze sourcing techniques3, advertising, and the applicant process from application to hire.

Other strategies include reviewing job descriptions and background check requirements to identify unnecessary requirements that may create barriers to employment. Training hiring managers and those who assist in making hiring decisions will be included. Goals have been identified based on data analysis to guide staff in their review of policies, practices, and procedures.

Language Access Plan
The Language Access Plan is new, and aims to create accessible services and interactions with the Council and the City by identifying language translation and interpretation needs within the community – with the priority being improved accessibility for the significant population of Spanish speakers who report speaking English “less than very well.”4 The plan articulates how the City will deliver these services through technology, training, and expectations. It outlines the timeline to implement these practices and how the City will continue to monitor the needs of the community.

Americans with Disabilities (ADA) Plan
The Americans with Disabilities (ADA) Plan complies with the Americans with Disabilities Act of 1990 and ensures that employees and potential employees are provided with reasonable accommodations in performing the core functions of the positions within the City as well as ensuring access to facilities, services, and documents in both paper and electronic formats to applicants and the community. The City has an approved Transition Plan to address accessibility through infrastructure improvements to public places.

Other Related Policies and Programs
The City has several policies in place that support the overall Diversity, Equity, and Inclusion Program including the City’s Policy Against Harassment and Discrimination, the Code of Ethics, and the Complaint Procedure to allow individuals to bring concerns forward for investigation.

Consolidation & Establishment of Equity Commission
The final component of the DEI program is a structure to review and advise the City on matters relating to the Program and its many Plans is a newly constituted Commission. The City currently has two Commissions that are charged with advising the City on matters related to equal employment, and disabilities accommodations: The Equal Opportunity/Disability Commission (authorized by the Municipal Code) and the Human Relations Commission (authorized by the City Charter).

These Commissions began meeting together many years ago but became dormant due to an ambiguous mission and outdated by-laws that do not align with the current environment and needs of the City and community.

Staff proposes to revise and repurpose the EEO/Disability Commission into a new Equity Commission and enable the two Commissions to work toward equity, both internal and external.

These Commissions will be aligned and purposed to advise on matters that fall within the new Diversity, Equity, and Inclusion Program including all supporting plans. 3 Sourcing refers to how and where applicants are attracted to job openings 4 Threshold of 5% or more of the community population
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An additional attachment to this item, not under the DE&I Program but related to equity is the City of Modesto Communications Plan (Exhibit J). This plan focuses on multi-lingual communication to our community through developing a plan for translation services and the connection to the City’s Strategic Plan with the priority being improved accessibility for the significant population of Spanish speakers who report speaking English “less than very well.” FISCAL IMPACT:

At this time, the only known cost is approximately $45,000 the purchase of Wordly, a translation tool to support the Language Access Plan, which will be captured by the Technology ISF charged out to departments. Additional costs will be brought forward as they are identified and require Council approval.

COMMITTEE RECOMMENDATION:

This agenda item was reviewed by Finance Committee on December 20, 2021 and was recommended for forwarding to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution adopting a Diversity, Equity, and Inclusion Program.

Resolution adopting the City of Modesto Equal Employment Opportunity Plan for Fiscal Years 2021-22 through 2026-27.

Resolution adopting the City of Modesto Language Access Plan.

Resolution approving an amendment to the Equal Opportunity/Disability Commission to retitle to the Equity Commission and amending Article II Duties.

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (4)

2. Diversity, Equity, and Inclusion Program

3. Exhibit A – Policy Against Harassment and Discrimination

4. Exhibit B – Code of Ethics

5. Exhibit C – Complaint Procedure

6. Exhibit D – Equal Opportunity Policy Statement

7. Exhibit E – Equal Employment Opportunity Plan
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8. Exhibit F – Language Access Plan

9. Exhibit G – ADA Transition Plan

10. Exhibit H – ADA Transition Addendum

11. Exhibit I - Equity Commission By-Laws

12. Exhibit J - City of Modesto Communications Plan
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION ADOPTING A DIVERSITY, EQUITY, AND INCLUSION

PROGRAM
WHEREAS, the City of Modesto’s Human Resources Department has taken a comprehensive look at various programs, and
WHEREAS, staff recommends bringing them all together under a single Diversity, Equity and Inclusion (DEI) Program with multiple components, and WHEREAS, this approach represents the City of Modesto’s commitment to fostering, cultivating, and preserving a culture of diversity, equity, and inclusion within the workplace and within the services and interactions with our community, and WHEREAS, the program provides direction to all employees on what we believe, how we behave, and what is expected.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves adopting the Diversity, Equity, and Inclusion Program.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
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APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION ADOPTING THE CITY OF MODESTO EQUAL EMPLOYMENT OPPORTUNITY PLAN FOR FISCAL YEARS 2021-22 THROUGH 2026-27 WHEREAS, a five-year Equal Employment Opportunity Plan for the City of Modesto was amended and adopted by Modesto City Council on September 9, 2014, by Resolution No. 2014-338, and
WHEREAS, City staff has updated the plan with new data and objectives for the next five years, and
WHEREAS, the Equal Opportunity Plan is provided to Council as a five-year blueprint for workforce objectives relative to ethnicity and gender. This report sets forth the guidelines to be used by the City to measure annual progress towards those objectives set for Fiscal Years 2021/2022 through 2026/2027, and
WHEREAS, the City is fully committed to the effective implementation of the Equal Opportunity Plan, and to continued progress toward the achievement of its objectives.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the City of Modesto Equal Opportunity Plan for Fiscal Years 2021/2022 through 2026/2027.

AYES: Councilmembers: ?
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NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION ADOPTING THE CITY OF MODESTO LANGUAGE ACCESS PLAN
WHEREAS, in accordance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Bilingual Services Act, the Language Access Plan establishes guidelines for providing language accessible services to those that are Limited English Proficient (LEP), and
WHEREAS, it is the intent of this plan to establish guidelines and procedures to provide effective communication within the community, encourage broader engagement in public meetings and create comfortable access to services provided by the City, and WHEREAS, it is the policy of the City of Modesto to provide meaningful, effective access for members of the public that identify as less than very well in English Proficiency, and
WHEREAS, it is the policy of the City of Modesto to commit to languages that meet a predetermined threshold according to applicable laws, regulations, and demographic data as identified in the Plan, and
WHEREAS, the City continues to search for new solutions to meet public communication needs including more efficient use of existing resources to help improve, and expand, language access.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby adopts the Language Access Plan.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ?, who moved #15..
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its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AN AMENDMENT TO THE EQUAL

OPPORTUNITY/DISABILITY COMMISSION TO RETITLE TO THE EQUITY

COMMISSION AND AMENDING ARTICLE II DUTIES
WHEREAS, the Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987, and WHEREAS, with the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209, and WHEREAS, as part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134, and
WHEREAS, with the creation of the Diversity, Equity, and Inclusion Program which includes Equal Opportunity and Disability accessibility, and WHEREAS, City staff recommends retitling and repurposing the Equal Opportunity/Disability Commission to the Equity Commission and amending Article II Duties.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the title of the Equal Opportunity/Disability Commission to the Equity Commission and amending Article II Duties to include matters related to equity and inclusion, equal opportunity, and disability related issues, and adopting amended bylaws for the Commission to reflect these changes. #15..
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The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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DIVERSITY, EQUITY, AND

INCLUSION PROGRAM
City of Modesto
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1 Contents
I. Commitment ................................................................................................................................................... 2 II. Inclusion & Belonging Guiding Principles........................................................................................................ 3 III. Definitions....................................................................................................................................................... 5 IV. Areas of Focus................................................................................................................................................. 6 Leadership and Accountability............................................................................................................................ 6 Recruiting & Hiring.............................................................................................................................................. 6 Advancement & Retention.................................................................................................................................. 7 Job Design, Classification & Compensation ........................................................................................................ 7 Work-Life Integration, Flexibility & Benefits....................................................................................................... 7 Assessment, Measurement & Research ............................................................................................................. 8 DEI Communications........................................................................................................................................... 8 DEI Learning & Development.............................................................................................................................. 8 Community, Government Relations & Philanthropy .......................................................................................... 9 Marketing & Customer Service ........................................................................................................................... 9 V. Adoption.......................................................................................................................................................... 9 VI. Assignment of and Responsibility for the Diversity, Equity and Inclusion Program ....................................... 9 VII. Supporting Policies and Plans ....................................................................................................................... 11 City Policy Against Harassment and Discrimination.......................................................................................... 11 Code of Ethics.................................................................................................................................................... 12 Complaint Procedure ........................................................................................................................................ 12 Equal Employment Opportunity Policy Statement and Plan ............................................................................ 12 Language Access Plan........................................................................................................................................ 12 Americans with Disabilities Act (ADA) Plan....................................................................................................... 13 VIII. Dissemination of Diversity, Equity and Inclusion Program ........................................................................... 13 IX. Training.......................................................................................................................................................... 14 X. Metrics .......................................................................................................................................................... 14 #15..
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2 I. Commitment
City of Modesto is committed to fostering, cultivating and preserving a culture of diversity, equity and inclusion. A diverse, inclusive, and equitable workplace and community is one:
→ Where all employees, volunteers and the community we serve feel valued, respected and heard;
→ Where equal opportunity for employment and advancement in all of our departments, programs, and worksites exists; and
→ Where we respect and value diverse life experiences and heritages.

The collective sum of the individual differences, life experiences, knowledge, inventiveness, innovation, self-expression, unique capabilities and talent that our employees invest in their work represents a significant part of not only our culture, but our reputation and achievement as well.

We embrace differences in age, disability, ethnicity, family or marital status, language, national origin, physical and mental ability, political affiliation, race, color, religion, sexual orientation, gender identity or expression, socio-economic status, veteran status, and other characteristics that make individuals unique.

We are committed to a nondiscriminatory approach and ensuring that our practices and policies on recruitment and selection; compensation and benefits; professional development and training; promotions; transfers; social and recreational programs, the ongoing development of a work environment; and the services that we provide to the community are built on the premise of diversity, equity and inclusion that encourages and enforces:
• Respectful communication and cooperation between all employees and in the delivery of all services.

Diversity
Equity
Inclusion
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3 • Teamwork and employee participation, permitting the representation of all groups and employee perspectives.
• Employer and employee contributions to the communities we serve to promote a greater understanding and respect for its diversity.

II. Inclusion & Belonging Guiding Principles
We believe that by investing in an inclusive culture, we will attract the best and brightest talent, leading to more innovative solutions for our community. Building and sustaining an inclusive and diverse culture is essential, and it is the right thing to do.

This is who we are:
• We believe in an inclusive work environment where employees and the public are welcomed, valued, respected, and heard.
• We believe that diversity brings strength.
• We believe in equality of opportunity free from discrimination. • We believe that employees should be provided a safe work environment. • We believe in hiring and promoting the most qualified candidate. • We believe in employee development at all levels of the City of Modesto. • We believe in the power of belonging as an integral component in achieving diversity & inclusion.

Commitment to Continued Progress on Diversity & Inclusion Matters • We will continue to make our workplaces safe and trusting places to have complex, and sometimes difficult, conversations about diversity and inclusion. • We will create and maintain environments, where our employees feel comfortable reaching out to their colleagues to gain greater awareness of each other’s experiences and perspectives. By encouraging an ongoing dialogue we are building trust, encouraging compassion and open-mindedness, and reinforcing our commitment to a culture of inclusivity.
• We will implement and expand unconscious bias education: Unconscious bias education enables individuals to begin recognizing, acknowledging, and therefore minimizing any potential blind spots they might have. By helping our employees recognize and minimize their blind spots, we aim to facilitate more open and honest conversations.
• We will create and share strategic inclusion and diversity plans with our community.

We will work with our Council Members on the development and evaluation of concrete, strategic action plans to prioritize and drive accountability around diversity and inclusion.
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4 We will create an environment that reflects a healthy disposition toward difference, by:
• Providing ongoing and relevant training on how to exhibit and encourage behavior that exemplifies our values of civility and respect;
• Establishing and promoting workplace culture expectations that all employees are made aware of and make commitments to follow;
• Motivating and empowering employees to take responsibility for their actions and to help positively influence the behavior and civility of their fellow employees; • Sharing and implementing methods on how to best create a culture of accountability and respect when it comes to issues of diversity and inclusivity. • Holding all employees responsible to treat others with dignity and respect at all times.

Expecting all employees to exhibit conduct that reflects inclusion during work, at work functions on or off the work site, and at all other City-sponsored events. • Maintaining our commitment to modeling diversity and inclusion within the public sector.

To provide informed, authentic leadership the City of Modesto strives to:
• See diversity, inclusion, and equity as connected to our strategic plan and critical to ensure the well-being of our employees and the community we serve. • Acknowledge and dismantle any inequities within our policies, systems, programs, and services, and continually update and report progress.
• Explore potential underlying, unquestioned assumptions that interfere with inclusiveness.
• Practice and encourage transparent communication in all interactions. • Commit time and resources to expand more diverse leadership and represent the community as a whole.
• Lead with respect and open-mindedness. We expect all employees to embrace this notion and to express it in workplace interactions and through everyday practices.

City of Modesto will abide by the following action items to help promote diversity and inclusion:
• Pursue cultural competency throughout the City by creating substantive learning opportunities and formal, transparent policies.
• Improve our cultural leadership by creating and supporting programs and policies that foster leadership that supports and reflects the diversity of our community. • Develop and present training on diversity, inclusion, and equity to provide information and resources to employees, council members, committees and the community. #15..
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5 • Develop systems for managing contributors to and impact of intentional and unconscious bias during the hiring, promotion, and evaluation process including training of equitable practices for our hiring team.
• Advocate for public policy that promotes diversity, inclusion, and equity. Challenge systems and policies that create inequity, oppression and disparity.

III. Definitions
Diversity
The unique traits that individuals possess. It can be understood in two general ways:
• Inherent diversity, e.g. race, gender, sexual orientation, or disability • Acquired diversity, e.g. diversity of thought, cross-cultural communication, language, or social skills
A person isn’t diverse. They’re unique. They can bring diversity to a group though. Diversity is about a collective or a group.

Equity
Equity is an approach that ensures everyone has access to the same opportunities. Equity recognizes that we don’t all start from the same place because advantages and barriers exist.

It’s a process that acknowledges uneven starting places and seeks to correct the imbalance.

Diversity and inclusion are both outcomes. Equity is not. It refers to the process City of Modesto engages in to ensure that people with marginalized identities have the opportunity to grow, contribute, and develop.

Inclusion
A state in which all employees feel a sense of belonging, valued for their differences, and empowered to participate and contribute freely.

Diversity
• being asked to be a member of the team
Equity
• having the opportunity to be on the team
Inclusion
• feeling like you are a member of the teambelonging
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6 IV. Areas of Focus
Leadership and Accountability
Hold leaders accountable for implementing the City of Modesto’s DEI vision, setting goals, achieving results, and being role models.

Leaders view the accomplishment of DEI goals and objectives as an important part of their management and oversight responsibilities. They publicly support internal and external diversity related activities and are seen as DEI change agents. Leaders are held accountable for implementing the DEI strategy. They position DEI as a key component of the City’s sustainability agenda and provide DEI coaching to those they manage, creating both a psychologically and physically safe workplace. Leadership development includes DEI competency building and this is evaluated when determining succession for leadership.

Recruiting & Hiring
Ensure that attraction, sourcing, and recruitment is done through the lens of DEI.

Through recruiting, hiring, training, and retaining employees from diverse backgrounds, we are better able to identify creative, innovative solutions to meet the needs of a rapidly connected diverse world.

A conscious effort is made to conduct appropriate, inclusive public outreach and recruitment programs to attract and ensure a diverse applicant pool, especially with respect to underrepresented groups in the City of Modesto1, to achieve and maintain a workforce that is equitably representative across levels and functions. Advertising and recruitment and other forms of outreach are focused to ensure that applicant pools reflect our diverse [and underrepresented] communities. Diversity on interviewing panels is standard, and staffing/hiring managers are educated on the impact of conscious and unconscious bias. The recruitment process is regularly reviewed to ensure it is equitable and fair. Our review encompasses practices such as tracking statistical data, identifying and analyzing areas of concern, and using findings to develop and implement outreach initiatives. We also publish our findings in the interest of maintaining transparency and public accountability. There are clear DEI measures of success throughout the recruitment process.

1 Proposition 209 “does not prevent government agencies from engaging in inclusive public outreach and recruitment programs that, as a component of general recruitment, may include, but not be limited to, focused outreach and recruitment of minority groups and women if any group is underrepresented in entry level positions of a public sector employer. (Gov. Code §11139.6(a)(1).) Underrepresentation is determined by comparing the minority group or the number of women at the governmental agency with that group’s representation in the current civilian labor force in the jurisdiction of the governmental agency. (Gov. Code §11139.6(b).) #15..
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7 Advancement & Retention
Ensure that DEI is integrated into talent development, performance management, advancement, and retention.

A conscious effort is made to maintain a workforce that is diverse across levels and functions.

The onboarding process results in all new employees feeling valued and included. As with our recruitment and hiring practices, we take a systematic, data-driven approach to evaluating our advancement and retention practices to ensure they reflect our aspirations of maintaining an inclusive workforce. This process involves a multi-faceted assessment of performance reviews, exit and stay interviews, employee engagement surveys, and measures of involuntary and voluntary turnover.

Job Design, Classification & Compensation
Ensure that job design and classification are evaluated for bias and that compensation is equitable across key dimensions of diversity.

We will systematically review job requirements, classifications, technology and compensation for potential bias and adverse impact. Job descriptions and requirements are understandable and do not include unrelated factors. Compensation is based on job requirements and performance. The City of Modesto aspires to pay a living wage, in accordance with locally agreed upon standards. Compensation analyses are conducted regularly to ensure that biases based on race, ethnicity, age, gender, gender identity, gender expression, sexual orientation, function, and other potential areas of discrimination are significantly reduced.

Work-Life Integration, Flexibility & Benefits
Achieve work-life integration, flexibility, and equitable benefits. Flexible work options are widely available and accessible.

Work-life integration, flexibility, and equitable benefits are encouraged, actively promoted, recognized as enhancements of productivity, and are not career limiting. Performance management focuses on output, contribution and impact. Benefits and services that are specific to the diverse needs of employees are provided based on ongoing assessments of employee needs. Some examples of possible benefits and services are: subsidized dependent-care, parental leave, extended family consideration, eldercare, emergency care, fitness programs, and paid leave. Accommodations for religious practices, cultural practices, persons with disabilities, and others are achieved with care and consideration and go beyond legal requirements. We prioritize safety, security, and wellness within our employees’ work environment.
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8 Assessment, Measurement & Research
Ensure that assessments, measurement, and research guide DEI decisions.

DEI measures are explicitly linked to strategy and have an impact on leaders at all levels, including their performance appraisals, recognition, and rewards. City of Modesto has a dashboard or scorecard for reputational risk assessment on DEI issues. The views of the community are an important factor in measuring DEI and sustainability performance for both the City and individuals. The measurements include community opinions and experiences, and a mix of quantitative and qualitative measures. Information on all aspects of DEI is gathered and evaluated using practices such as 360-feedback and/or multifaceted, culturally sensitive, and linguistically appropriate feedback, focus groups, opinion and engagement surveys, and organizational audits.

DEI Communications
Make communication clear, simple to understand, and a crucial force in achieving our DEI goals.

DEI communication is frequent, ongoing, innovative, and contributes to an enhanced reputation for the City. Employees who serve in public communication roles are educated about DEI and its link with sustainability. All internal and external communication is accessible and available in multiple formats and, if applicable, in the languages identified as a Substantial Number of Limited English Persons Group. The City will use a defined method for Language Access and communicate the use of inclusive language to account for various diversity dimensions. The communication sent out both internally and externally does not prejudice or harm any group intentionally and where this occurs, it is corrected quickly and clearly. DEI topics are easy and quick to find on our websites and social media platforms.

Progress on reaching DEI vision and goals is reported to the public regularly.

DEI Learning & Development
Educate all to achieve a level of DEI competence and confidence needed to create a diverse, equitable, and inclusive organization.

Leaders and employees throughout the City will receive DEI training specific to their job and level geared to achieving the established goals and benchmarks. Learning and education is also offered to other stakeholders such as vendors, and the public at large. A DEI lens is used to integrate all learning and education programs. The City will use blended DEI learning and continuously update and customize this to changing needs. Programs may focus on general DEI and on specific issues such as systemic and structural racism, sexism, ageism, ableism, internalized oppression, classism, heterosexism, prejudice, discrimination (including harassment and bullying), privilege, micro-aggressions, and conscious and unconscious bias, all of which are addressed with sensitivity, conviction, and compassion, and in ways that enhance inclusion and equity.
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9 Community, Government Relations & Philanthropy
Be proactive in working with community, public and private partnerships, other local government, society at large, and through philanthropy.

The City will become a recognized leader for supporting and advocating for DEI interests within the community. We will be socially responsible and leverage efforts with industry and sector peers. It is generous in partnering with or supporting other organizations in their DEI initiatives to advance DEI in the community. Employees are encouraged to participate in and support various community projects, share DEI learning from such activities and reinforce the City’s commitment to DEI. The City will focus on equitable allocation of resources when delivering services to the community and diversity in commission and board appointments.

Marketing & Customer Service
Integrate DEI into marketing and customer service.

Marketing and customer service strategies meet the needs of diverse groups. Sophisticated market analysis techniques are deployed on an ongoing basis to understand the organization’s diverse customer and stakeholder base. Marketing and advertising strategies are inclusive and challenge stereotypes. While outside DEI expertise may sometimes be sought, the City leverages the expertise of its diverse staff. Accessibility and cultural sensitivity are incorporated into the process of design and development of all marketing materials and customer service strategies.

V. Adoption
In adopting this Diversity, Equity and Inclusion Program, the City Council calls for the full cooperation of all managers and employees to carry out the identified tactics and actions in order to make Diversity, Equity and Inclusion a reality at the City of Modesto.

We choose to embrace diversity as a responsible business practice rather than a regulatory compliance matter. We understand that by implementing diversity, equity, and inclusion programs, by offering equal employment opportunities to all residents and by developing the abilities of all employees, we improve the service provided to our citizens and strengthen the entire community.

VI. Assignment of and Responsibility for the Diversity, Equity and Inclusion Program
Each member of Management is responsible for furthering of the Diversity, Equity and Inclusion, and auxiliary programs and supporting all phases of implementation, benchmarking and training. Below is the description of the specific duties and responsibilities of the various City officials in the Diversity, Equity, and Inclusion efforts:
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10 The City Council is responsible for the adoption of the City's Diversity, Equity and Inclusion Program, and supporting Plans. The Council also provides a forum for public awareness of the City's program and periodically reviews program results.

The City Manager is responsible for the implementation of the City's personnel policies and for ensuring discrimination-free processes. The City Manager will establish a positive, supportive tone that guides department directors and other appointing authorities as they integrate diversity, equity and inclusion into all aspects of their departments, employee relations and work within the community. The City Manager will monitor results and report progress to the City Council. The City Manager shall also review and approve the EEOP and other program goals; ensure the City of Modesto adheres to and complies with the intent and objectives of the Diversity, Equity and Inclusion Program; and evaluate the City’s overall performance and achievement of stated goals.

The Equity Commission is a citizen’s body that advises the City Manager and encourages Equity and Equal Opportunity in the City of Modesto. The City Council shall appoint eleven (11) Equity Commissioners for a four-year term. Members shall not be City employees and shall, as a group, include members of all protected classes. Members should have a background evidencing community involvement, understanding of business and employment practices, and awareness of the objectives and methods of equity and equal employment opportunity.

The Commission is governed by its Rules of Procedures, initially adopted by the City Council, which may be amended from time to time by the Commission.

The duties of the Equity Commission are:

1. To advise the City Manager and the City Council in matters that relate to equity and inclusion, equal opportunity and disability related issues.

2. To formulate and recommend policy to the City Council and City Manager in matters that pertain to equity and inclusion, equal opportunity and disability related issues, to include workforce and services provided to the community.

3. To review the practices and procedures of the City of Modesto in all matters that relate to equity and inclusion, equal opportunity and disability, to include workforce and services provided to the community.

4. To monitor the Equal Employment Opportunity Plan which strives to obtain a City work force which reflects the labor force within the City and Stanislaus County.

5. To continually review the accomplishments of the City of Modesto in meeting its equity and inclusion goals.

The designated Equal Opportunity Officer has the responsibility for the implementation of the Equal Employment Opportunity Plan, and to:

1. Develop policy statements, Equal Opportunity programs, internal and external communication techniques and monitoring systems for the Equal Employment Opportunity Plan.

2. Identify problem areas and assist managers in arriving at solutions to problems.

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11 is representative of, and reflects, the local labor market.

4. Work with the Employee Relations Officer who investigates complaints of harassment and discrimination and coordinates with specific agencies.

5. Serve as liaison between the City, private and public employment services and community groups for the recruitment of minorities, women, and members of the disabled community.

6. Review and conduct periodic audits of hiring, promotion, and disciplinary actions to ensure that they are non-discriminatory.

The Human Resources Department, in coordination with the City Attorney’s Office has the responsibility for receiving, reviewing, investigating and responding to complaints of harassment and discrimination in a timely, thorough, and fair manner.

Department Directors are generally the "appointing authority" in City government. They are responsible for hiring decisions, promotions, disciplinary actions and insuring that City and departmental personnel policies are enforced. They are responsible for their departments’ employment decisions.

The Director of Human Resources is responsible for administering and maintaining a personnel system in which equal employment opportunity can become a reality. The Director of Human Resources is responsible for recruitment and selection efforts, training and any other matters of employment policy.

Supervisors are required to carry out their duties in directing, training, monitoring and evaluating subordinates without regard to non-job-related criterion, including those prohibited by this policy.

Employees have the responsibility of interacting with their fellow employees and the public in a respectful and non-discriminatory manner, so that an environment of inclusion and acceptance is modeled throughout the City's workforce.

Employee organizations have agreed to support the City's efforts in Diversity, Equity and Inclusion and all associated plans and policies in place to support the overall program. Specific commitments will be included in each Memorandum of Understanding.

VII. Supporting Policies and Plans
City Policy Against Harassment and Discrimination
It is the policy of the City of Modesto that discrimination and harassment are unacceptable and will not be tolerated. Further, it is the policy of the City of Modesto to treat its citizens, customers and employees with respect and dignity and to strive to provide a working environment free of discrimination and harassment. This policy applies to all employees, officials, agents and volunteers, and all non-employees who have contact with employees during working hours (See Exhibit A).
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12 Code of Ethics
It is the policy of the City of Modesto to hold all individuals to a high ethical standard. The City of Modesto’s Code of Ethics require that all employees adhere to a standard during interactions within the organization and with the public that includes acting with integrity, treating others with respect, maintaining the public’s trust, providing quality public service, and assuring justice is provided to all (See Exhibit B).

Complaint Procedure
Intent: Any person who feels that they have encountered discrimination and/or harassment is encouraged to come forward and present that information. All complaints are kept confidential to the extent permitted by law. However, it should be noted that when a supervisor or other management employee is made aware of a situation of potential harassment or discrimination, they are required to take steps to verify whether or not the discrimination/harassment occurred and to take whatever action is necessary to correct the situation. A prompt and appropriate investigation may require disclosure of the allegations, the identity of the person making the allegations, and may necessitate the use of other parties to assist in the investigation.

It is the intent of this procedure to provide an effective means for resolving individual or group problems of a sensitive nature quickly and with a minimum of formal procedural requirements. (See Exhibit C)
Equal Employment Opportunity Policy Statement and Plan
The Modesto City Council is committed to the principles of equal opportunity and nondiscrimination in all employment practices. We fully endorse the plan of equal opportunity and have committed the City of Modesto to provide employees and applicants equal employment opportunities in all departments within the City.

The City's Equal Employment Opportunity Plan aims at: identifying and eliminating the effects of any past discrimination; removing any artificial barriers to the employment of women, minorities and disabled persons; developing and implementing employment programs that promote equitable access to careers within the City; and providing a continuing program of training for all employees. (See Exhibit D, Exhibit E) Language Access Plan
It is the policy of the City of Modesto to provide meaningful, effective access for members of the public that identify as less than very well in English Proficiency. Language assistance services are available free of charge and the City of Modesto will provide these services for languages identified as a Substantial Number of Limited English Persons Group to ensure inclusion of all community members. The City continues to search for new solutions to meet #15..
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13 public communication needs including more efficient use of existing resources to help improve, and expand, language access. (See Exhibit F)
Americans with Disabilities Act (ADA) Plan and Addendum The Americans with Disabilities Act (ADA) is a civil rights law that mandates equal opportunity for persons with disabilities in the areas of employment, public accommodations, government services, public transportation, and telecommunication. It is the policy of the City of Modesto to provide access and equal opportunity to persons with disabilities. The City is committed to continuous improvement through the City’s ADA Transition Plan. (See Exhibit G, Exhibit H)
VIII. Dissemination of Diversity, Equity and Inclusion Program The City of Modesto disseminates its Diversity, Equity and Inclusion Program through the following methods:

A. Internal Dissemination of Policy

1. All City department directors are informed of the intent of the Program and their individual responsibility for its implementation.

2. The Program is disseminated to City employees annually through our policy software program for acknowledgement.

3. The Program, supporting plans, policies and related activities are highlighted in City publications.

4. All new employees are informed of the program at the time of hire.

5. All employee organizations are informed of the City's policies and commitment, and their cooperation is requested. A non-discrimination clause is included in all memoranda of understanding and all contractual provisions are reviewed to ensure they are non-discriminatory.

6. All employees are required to attend harassment and abusive conduct prevention trainings at least once every two years.

7. The Program is posted in City facilities and on the City’s Intranet site.

8. All employees will have core competencies related to this program within all performance evaluations.

B. External Dissemination of Program

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14 2. The Program is posted on the City’s website for the public.

IX. Training

1. Basic Understanding of Diversity and Inclusiveness – all employees will receive training on the basics of diversity and inclusiveness within three months of hire.

2. Understanding Unconscious Bias – all employees will receive training in unconscious biases and how they affect decision-making, interactions, and organizational environment within the first three months of hire.

3. Fostering an Inclusive Climate – all employees will receive training on how to foster and maintain an inclusive culture within three months of hire. Supervisors will receive additional training on fostering an inclusive environment as a role model and in the application of policies and procedures within three months of hire or promotion.

4. Inclusive Hiring – Comprehensive training for all hiring managers and panel members within six months of new plan and within three months of hire or promotion moving forward
X. Metrics
The following metrics will serve to inform the City on progress related to the Program. A baseline will be established and used to measure and determine success. New metrics will be phased in as the City as the city progresses.

Metrics Information
Metric Definition Calculation
Candidate Diversity
The percentage of candidates within a
specific identity group. Can be calculated
overall, by position, by department, etc.

Number of applicants in group / Total
number of applicants
Leadership Diversity
Percentage of employees within a specific
identity group within leadership, or a
specific level of leadership.

Number of employees in group in
leadership / Total number of
employees in leadership
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15 Candidate Diversity
Success Rate
The advancement rate of applicants who
identify with a specific group through
different stages of the hiring funnel.

Number of candidates in group in
chosen stage / Number of candidates
in previous stage
Turnover Segmentation The turnover rate for employees within a specific identity group.
(Resignation + Retirements +
Involuntary terminations for specific
identity group) / Total number of
employees in that group
Average Length of
Service
Average length of employee service (based
on headcount). Sum of length of service / Headcount
Age Distribution Percentage of employees within a particular age bracket.
(Number of employees within certain
age bracket / Total number of
employees ) * 100
Promotion Rate Employees promoted as a percentage of
headcount. Promotions / Headcount
Workforce Diversity
Percentage of employees within a specific
identity group within the broader workforce.

This can be examined at a role or
department level as well.

Number of employees in specific
identity group / Total number of
employees
Regrettable Turnover
The loss of an employee that the
organization wishes it could have kept as a
percentage of total turnover.

Number of employees who left that the
organization wishes had remained /
Number of individuals who leave the
organization
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CITY OF MODESTO

POLICY AGAINST HARASSMENT, DISCRIMINATION

AND BULLYING
It is the policy of the City of Modesto (“City”) to treat its citizens, customers, and employees with respect and dignity and to strive to provide a workplace free of discrimination, harassment, and abusive conduct.

Further, it is the policy of the City, in accord with State and federal laws, that discrimination and harassment, including sexual harassment, is unacceptable and will not be tolerated. This policy applies to all employees, officials, agents, and all non-employees, including but not limited to contractors and subcontractors of the City, volunteers, and interns.

Any City employee who has been found, after an investigation, to have harassed another City employee, official, agent, volunteer, consultant, non-employee, or member of the public, because of their membership in a protected category, as discussed below, will be subject to disciplinary action up to and including termination.

Discrimination and Harassment Prohibited
Discrimination is the unequal treatment of individuals with respect to the terms and conditions of their employment, based on their membership in a “protected category,” including race, color, ancestry, religion or creed, sex, national origin, marital status, age, mental or physical disability, or perceived disability, medical condition, pregnancy-related condition, sexual orientation, genetic information, gender identity, gender expression, political affiliation or belief, or Military or Veteran status.

Harassment based upon a person’s membership in a protected category is a form of discrimination.

Harassment is unwelcome visual, verbal, or physical conduct engaged in on account of a person’s actual or perceived membership in a protected category that tends to create an intimidating, oppressive, hostile or offensive working environment or tends to otherwise interfere with an individual’s emotional well-being or ability to perform work.

Discrimination or harassment based on a person’s membership in a protected category is a violation of Title VII of the Civil Rights Act, the California Fair Employment and Housing Act and the City of Modesto’s Equal Opportunity Policy.

Sexual Harassment Prohibited
Sexual harassment is an illegal form of sex discrimination under federal and state law. Sexual harassment is defined as unwelcome or unsolicited sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, or other conduct based on sex, directed to persons of the same or opposite sex when:
a. Submission to such conduct is made an express or implied term or condition of employment; or b. Submission to or rejection of the harassing act by an employee or applicant is used as a basis for employment or business decisions affecting the employee or applicant; or c. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance and/or creates an intimidating, hostile or otherwise offensive work environment.

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Examples of Harassment
 Written examples include suggestive or obscene letters, notes, jokes, e-mails, andinvitations.  Verbal examples include derogatory comments, slurs, jokes, and racial epithets.  Physical examples include assault, touching, impeding or blocking movements.  Visual examples include leering, gestures or displays of sexually suggestive objects or pictures, cartoons or posters.

Other examples include, but are not limited to, threats of reprisal, implying or actually withholding support for appointments, promotion or transfer, rejection during probation, punitive actions, changes of assignments, or suggesting that a poor performance report will be prepared if requests for sexual favors are not met. Harassment includes harassing acts focused on an individual who is not physically present at the time, or who was present but did not actually see or hear the acts. Harassment can also include harassing acts observed by an individual who was not the intended target.

Bullying and Abusive Conduct Prohibited
The City prohibits all forms of abusive conduct, including bullying, in the workplace. Abusive conduct is defined as conduct of an individual in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.

Victims of abusive conduct may be targets or observers of the conduct. It is irrelevant whether or not the offender intended his/her conduct to be abusive.

Examples of Abusive Conduct
 Verbal. Slandering, ridiculing or maligning a person; persistent name-calling that is hurtful, insulting or humiliating; using a person as the butt of jokes; abusive and offensive remarks; shouting or raising one’s voice at an individual in public or in private; personal insults and use of offensive nicknames; public reprimands, or public humiliation in any form; constant criticism on matters unrelated or minimally related to the person’s job performance; spreading rumors and gossip regarding individuals.
 Physical. Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault; causing damage to a person’s work area or property.
 Non Verbal. Gestures that can convey threatening, obscene, or intimidating messages.  Exclusion. Socially or physically excluding or disregarding a person in work-related activities; not allowing a person to speak or express himself of herself (i.e., ignoring or interrupting).

In addition, the following examples may constitute or contribute to evidence of abusive conduct in the workplace:
 Deliberately interfering with mail and other communications;  Encouraging others to disregard a supervisor’s instructions;  Manipulating the ability of someone to do his or her work (e.g., overloading, under-loading, withholding information, setting unreasonable deadlines that cannot be met, giving deliberately ambiguous instructions);
 Taking credit for another person’s ideas; or
 Unwanted physical contact, physical abuse or threats of abuse to an individual or an individual’s property (defacing or marking up property).

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Retaliation Prohibited
The City also prohibits retaliation against an individual who reports, files a complaint of, or otherwise opposes conduct he or she reasonably believes to be unlawful discrimination, harassment, or retaliation, or assists in the investigation of a complaint.

Responsibility for Enforcing this Policy

1. Except as set forth below, the City Manager is responsible for enforcement of the City PolicyAgainst Harassment, Discrimination, and Bullying.

2. The City Attorney is responsible for ensuring that all complaints of harassment are investigated thoroughly and promptly, including presentation of recommendations for any necessary action to the City Manager, Department Director, or Supervisor.

3. Every Department Director is responsible for informing all employees of the City Policy against Harassment, Discrimination, and Bullying and for taking the steps necessary to set a positive example in the prevention of harassment.

4. Every supervisor is responsible for taking immediate and appropriate corrective action upon the observation of any incident of harassment or upon receipt of an oral or written report of any occurrence of harassment.

5. Every City employee is responsible for reporting any act of harassment to an immediate supervisor, Department Director, Human Resources, or the City Attorney.

Complaint Resolution Procedures
Any person who feels that he/she has encountered discrimination and/or harassment is encouraged to come forward and present that information. All complaints are kept confidential to the extent permitted by law.

However, it should be noted that when a supervisor or other management employee is made aware of a situation of potential harassment or discrimination, he/she is required to take steps to verify whether or not the discrimination/harassment occurred and to take whatever action is necessary to correct the situation. A prompt and appropriate investigation may require disclosure of the allegations, the person making the allegations and may necessitate the use of other parties to assist in the investigation.

It is the intent of this procedure to provide an effective means for resolving individual or group problems of a sensitive nature quickly and with a minimum of formal procedural requirements.

This procedure should be used for perceived discrimination or harassment based on a protected category.

This procedure for resolving complaints of discrimination and harassment is not intended to supplant or prohibit employees or applicants from filing complaints with the federal Equal Employment Opportunity Commission (EEOC), the California Department of Fair Employment and Housing (DFEH), other appropriate state or federal agencies, or with the courts.

Complaint Procedure
The procedure for reporting incidents of discrimination or harassment is meant to be as flexible as possible.

It is the goal that complaints be resolved informally, if possible. If informal resolution is not achieved, then a process for formal resolution is provided.
a) Complainants should come forward as soon as possible after an incident of harassment or discrimination. Generally, an issue or concern should be raised no later than 30 days from the date the complainant knew or should have known about the incident.

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b) Complainants have the option of contacting their immediate supervisor, human resources, or the City Attorney for assistance. If an employee goes directly to a supervisor, the supervisor should notify the City Attorney or human resources that he/she has received the complaint. This can be done informally and confidentially.
c) The City Attorney or human resources should begin a confidential investigation of the complaint as soon as possible. A reasonable time line to begin an internal investigation would be two-five (2-5) working days, depending on employees' work schedules.
d) The complainant should be assured that the matter will be kept confidential to the extent possible, but be advised that a full investigation will include advising the alleged discriminator/harasser of the charges and interviewing witnesses. The alleged discriminator/harasser should be cautioned that DFEH, EEOC and this Policy prohibit any retaliation against the complainant, witnesses or other parties to the complaint. A verified allegation of retaliation will be treated as a violation of this policy and the City may take action against the retaliator, even if the original complaint is not determined to have merit.
e) The investigation may include witness interviews, review of documents or materials and discussions with the complainant and the alleged discriminator/harasser. Witnesses shall be directed to maintain confidentiality during the investigation and shall be admonished not to engage in retaliation against either the complainant or alleged discriminator/harasser. f) The investigation should be completed in a timely manner. If the investigation will require greater than 30 days, the investigator or department shall notify the complainant of the status of the investigation and anticipated completion date.
g) The investigator will prepare a written report including a finding related to each allegation. The complainant and the alleged discriminator/harasser shall be notified of the findings. h) If the investigator finds that discrimination or harassment has occurred, the department management, in consultation with the City Attorney and the Director of Human Resources, shall determine what remedial action is appropriate. Remedial action may include but is not limited to coaching the responsible employee, training, a record of discussion, written reprimand, or formal discipline up to and including termination.
i) If the complainant has first taken their complaint to a supervisor and is not satisfied with the supervisor's or department's timeliness or efforts, he/she may then contact the City Attorney and the Director of Human Resources. He/she should notify the department that this is being done. j) The complainant should be notified that he/she has the right to file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or the state Department of Fair Employment and Housing (DFEH) or other appropriate state or federal agency or the court. k) Complaints against the City Attorney shall be made to and investigated by the City Manager in a manner consistent with this procedure who shall report his/her findings to the City Council who shall determine the appropriate remedial action.

Revised 05/05/2020
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CODE OF ETHICS
Integrity
Demonstrate professional and personal Integrity
• Be honest and truthful.
• Give appropriate credit for contributions.
• Take responsibility for your actions.
• Demonstrate courage to do the right thing.
• Lead by example.

Respect
Demonstrate respect
• Exhibit compassion, wisdom and commitment to all.
• Diligently manage public assets, property and resources. • Embrace diversity.
• Foster constructive expression of opinion; dissenting viewpoints are respected.

Public Trust
Maintain the Public Trust
• Commit to honesty, honor and personal integrity (excellence). • Avoid conflict of interest or its appearance.
• Protect the public’s resources and use them only for public purposes not for personal gain.
• Avoid embarrassing or discrediting our organizations, our community or ourselves.
• Abide by all local, state and federal laws.

Public Service
Provide quality public service
• Treat all we serve with courtesy, respect and dignity. • Strive for excellence while performing our jobs to the best of our ability. • Demonstrate a positive professional attitude.
• Provide open access to city services for all.

Justice
Assure Justice is provided to all.
• Apply all laws consistently and without favoritism.
• Act in a fair and impartial manner.
• Act without prejudice and discrimination
• Assure due process and equal protection.
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As amended on 12/7/04 by Council Resolution 2004-628
S:\Policies\Harassment and Discrimination\2004\Complaint Procedure rev 12-04.doc rev. 12/04

CITY OF MODESTO

COMPLAINT PROCEDURE

VIOLATION OF POLICY AGAINST HARASSMENT AND DISCRIMINATION

1. Intent - Any person who feels that he/she has encountered discrimination and/or harassment is encouraged to come forward and present that information. All complaints are kept confidential to the extent permitted by law. However, it should be noted that when a supervisor or other management employee is made aware of a situation of potential harassment or discrimination, he/she is required to take steps to verify whether or not the discrimination/harassment occurred and to take whatever action is necessary to correct the situation. A prompt and appropriate investigation may require disclosure of the allegations, the person making the allegations and may necessitate the use of other parties to assist in the investigation.

It is the intent of this procedure to provide an effective means for resolving individual or group problems of a sensitive nature quickly and with a minimum of formal procedural requirements.

2. Scope - This procedure should be used for perceived discrimination or harassment based on age (40 and over), ancestry, color, mental or physical disability including HIV and AIDS or perceived disability, marital status, medical condition (cancer and genetic characteristics), pregnancy-related condition, national origin, race, religion or creed, sex, sexual orientation or political affiliation or belief.

3. Limitations - This procedure for resolving complaints of discrimination and harassment is not intended to supplant or prohibit employees or applicants from filing complaints with the federal Equal Employment Opportunity Commission (EEOC), the state Department of Fair Employment and Housing (DFEH), other appropriate state or federal agencies, or with the courts.
------------------------------------------------------------------------------------------------------------------- PROCEDURE: The procedure for reporting incidents of discrimination or harassment is meant to be as flexible as possible. It is the goal that complaints be resolved informally, if possible. If informal resolution is not achieved, then a process for formal resolution is provided.
a) Complainants should come forward as soon as possible after an incident of harassment or discrimination. Generally, an issue or concern should be raised no later than 30 days from the date the complainant knew or should have known about the incident. b) Complainants have the option of contacting their immediate supervisor for assistance or contacting the City Attorney. If an employee goes directly to a supervisor, the supervisor should notify the City Attorney that he/she has received the complaint. This can be done informally and confidentially.
c) Depending on the nature of the complaint, the supervisor may refer the complaint immediately to the City Attorney so that a formal investigation be conducted.

Alternatively, the supervisor may conduct an informal investigation or may recommend an alternative means of dispute resolution. If the complainant declines the informal or alternative process, a formal investigation by the City Attorney will be initiated. #15..
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As amended on 12/7/04 by Council Resolution 2004-628
S:\Policies\Harassment and Discrimination\2004\Complaint Procedure rev 12-04.doc 2 d) The City Attorney should begin a confidential investigation of the complaint as soon as possible. A reasonable time line to begin an internal investigation would be two-five (2-5) working days, depending on employees' work schedules.
e) The complainant should be assured that the matter will be kept confidential to the extent possible, but be advised that a full investigation will include advising the alleged discriminator/harasser of the charges and interviewing witnesses. The alleged discriminator/harasser should be cautioned that DFEH, EEOC and this Policy prohibit any retaliation against the complainant, witnesses or other parties to the complaint. A verified allegation of retaliation will be treated as a violation of this policy and the City may take action against the retaliator, even if the original complaint is not determined to have merit. f) The investigation may include witness interviews, review of documents or materials and discussions with the complainant and the alleged discriminator/harasser. Witnesses shall be directed to maintain confidentiality during the investigation and shall be admonished not to engage in retaliation against either the complainant or alleged discriminator/harasser.
g) The investigation should be completed in a timely manner. If the investigation will require greater than 30 days, the investigator or department shall notify the complainant of the status of the investigation and anticipated completion date. h) The investigator will prepare a written report including a finding related to each allegation. The complainant and the alleged discriminator/harasser shall be notified of the findings.
i) If the investigator finds that discrimination or harassment has occurred, the department management, in consultation with the City Attorney and the Personnel Director, shall determine what remedial action is appropriate. Remedial action may include but is not limited to coaching the responsible employee, training, a record of discussion, written reprimand, or formal discipline.
j) If the complainant has first taken their complaint to a supervisor and is not satisfied with the supervisor's or department's timeliness or efforts, he/she may then contact the City Attorney and the Personnel Director. He/she should notify the department that this is being done. If the supervisor or department cannot effect conciliation and negotiation within a reasonable amount of time, the complainant should contact the City Attorney.

The City Attorney may assist the department in completing the investigation or in identifying an alternate investigator to complete the confidential investigation and come to a resolution.
k) The complainant should be notified that he/she has the right to file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or the state Department of Fair Employment and Housing (DFEH) or other appropriate state or federal agency or the court.
l) Complaints against the City Attorney shall be made to and investigated by the City Manager in a manner consistent with this procedure who shall report his/her findings to the City Council who shall determine the appropriate remedial action. #15..
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EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
The Modesto City Council is committed to the principles of equal opportunity and nondiscrimination in all employment practices. We fully endorse the plan of equal opportunity and have committed the City of Modesto to provide employees and applicants equal employment opportunities in all departments within the City.

The City will not participate in discriminatory practices in recruitment, testing, hiring, promotions, training, compensation, layoffs, terminations, or any other conditions of employment based on race, color, ancestry, religion or creed, sex, national origin, marital status, age (40 and above), mental or physical disability (including HIV and AIDS), or perceived disability, medical condition (including cancer and genetic characteristics), pregnancy-related condition, sexual orientation, gender identity, gender expression, political affiliation or belief, military or veteran status, or any other status protected by applicable federal or state law.

The City is in compliance with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990, as amended, and Title VII of the Civil Rights Act of 1964, to the end that no person in the United States shall, on the basis of proscribed grounds, be excluded from participation, be denied the benefits, or be otherwise subjected to discrimination under any program or activity in which the City receives Federal financial assistance. Further, the City follows all state laws and regulations prohibiting harassment and discrimination, including those outlined under the Fair Employment and Housing Act.

In addition, the City is in compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System.

The City Manager or designee is responsible for the implementation of the Equal Employment Opportunity Plan. The plan includes goals and a monitoring system to measure progress.
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CITY OF MODESTO

EQUAL EMPLOYMENT

OPPORTUNITY PLAN
FY2021/2022 – FY2026/2027
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Table of Contents
Table of Contents
I. INTRODUCTION ...................................................................................................................... 3 II. PURPOSE................................................................................................................................ 3 III. MINORITY POPULATION OF THE LABOR AREA................................................................... 4 IV. UTILIZATION ........................................................................................................................... 5 City-Wide EEO-4 Categories ........................................................................................................ 5 V. UTILIZATION ANALYSIS......................................................................................................... 6 Compliance with Proposition 209 ................................................................................................. 6 Anticipated Expansion, Contraction and Turnover of the City Workforce ...................................... 6 City-Wide Workforce Data and Census Data by Category ............................................................ 7 VI. UNDERUTILIZATION ........................................................................................................... 11 VII. CITY OF MODESTO EQUAL EMPLOYMENT OPPORTUNITY PLAN STANDARDS .......... 13 VIII. GOALS................................................................................................................................. 14 #15..
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3 EQUAL EMPLOYMENT

OPPORTUNITY PLAN
I. INTRODUCTION
The Equal Employment Opportunity Plan (“Plan”) is a tool developed to support the City of Modesto’s Diversity, Equity and Inclusion Program. The document outlines overall City objectives, assigns specific responsibilities, and provides a system to monitor and measure progress. It provides for positive steps to correct underutilization and inequities in areas of employment and contract bidding. The utilization analysis and data contained in the document are planning objectives for City officials to strive to achieve.

City department directors, managers, and supervisors are responsible for ensuring that all employees under their supervision have access to this plan as part of the Diversity, Equity and Inclusion Program.

Bi-annually, the City’s Human Resources Department will prepare the EEO-1 report to assess the City's progress. The bi-annual report will assist the City to determine progress on the basis of employment decisions or actions. The report is one tool to evaluate whether the City’s recruitment, hiring and retention practices are equally available to all candidates.

It will also show if progress is being realized toward achieving a workforce that is representative of the labor market, and may assist in identifying areas of underutilization where current practices are not fully effective.

The City has an ultimate goal to eliminate barriers to employment, create equity in recruitment efforts and to increase diversity and inclusion within the City workforce with the objective to closely resemble the community’s available labor market.

The utilization analysis information presented in this plan is to assist in identifying areas where the City workforce does not reflect the current labor market and where additional recruitment efforts may be necessary to reach all potential candidates.

The City clearly understands that achieving a workforce which represents the labor market depends upon the availability of qualified and interested applicants, the availability of hiring and promotional opportunities, the use of merit practices, and the availability of revenue to support the level of services and activities currently provided by the City. The overriding objective is to provide each person with a realistic opportunity to develop and succeed according to their skillset and potential.

II. PURPOSE
The purpose of the EEOP is to:

Reaffirm the City’s commitment to Equal Employment Opportunity in its employment practices.
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4 Define and acknowledge the equal employment opportunity occupational job categories where all employees, including minorities and women, continue to be underrepresented; and identify recruitment, retention and career development solutions to address these areas.

Recognize the City’s workforce by fostering and supporting programs that enhance diversity.

Assign shared responsibility and accountability for the success of the EEOP to the City Manager, Human Resources Department, and individuals with hiring authority (i.e., department heads, managers, and supervisors).

The EEOP further supports the overall City of Modesto’s Diversity, Equity and Inclusion Program.

III. MINORITY POPULATION OF THE LABOR AREA
The Census Data Labor Market Information for the City of Modesto includes all of Stanislaus County. Stanislaus County is the immediate labor market where the major portion of the City's workforce is most likely recruited. The latest available labor market data estimates by ethnic group as provided by the California Employment Development Department, utilizing comparable data from the U.S. Census Bureau, 2011-2015 American Community Survey, reflects the following:

Total Labor Market Population
Stanislaus County 244,900
City of Modesto 96,400

RACE/ETHNICITY
GROUP

PERCENTAGE
BLACK OR AFRICAN AMERICAN 2.4%
HISPANIC OR LATINO 42.0%
ASIAN 5.6%
AMERICAN INDIAN/ALASKAN NATIVE 0.5%
NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER 0.7%
TWO OR MORE RACES 2.2%
FEMALE 51.0%
Race/ethnic designations, as defined by the Equal Employment Opportunity Commission, do not denote scientific definitions of anthropological origins. For the purposes of this report, an employee is included in the group to which they self-identify.

No employee is counted in more than one race/ethnicity group. The categories used by the City are identical to those defined by the U.S. Equal Employment Opportunity Commission (EEOC):

American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition.
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5 Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam.

Black (not of Hispanic origin): A person having origins in any of the Black racial groups of Africa.

Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

Native Hawaiian or Other Pacific Islander– A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

White (Not of Hispanic origin): All persons having origins in any of the original peoples of Europe, North Africa or the Middle East.
***Two or more races: All persons who identify with more than one race and mark as such in self-identifying forms.

IV. UTILIZATION
City-Wide EEO-4 Categories
Local government agencies are required to maintain statistics on representation of women and minorities in the workplace by specified job categories. These are referred to as EEO-4 categories as explained below.

Officials and Administrators
Job classes in this category are City Manager, Department Directors, Assistant Directors and the Deputy Directors. This category also includes a number of positions that are regulatory, such as building and construction inspectors, assessors, auditors, investigators, managers and police and fire chiefs.

Professionals
Some of the incumbents in this category are the human resources professionals, some managers and supervisors of the organization, accountants, engineers, attorneys, planners, police and fire captains and lieutenants.

Technicians
This job category includes occupations such as laboratory analysts, civil engineering assistants, assistant buyers, water resource specialists, and police and fire sergeants.

Protective Service Workers
This job category includes occupations in which workers are entrusted with public safety, security and protection from destructive forces. The Protective Services category is made up of sworn Police and Fire department employees. #15..
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6 Paraprofessionals
This job category includes occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually requires less formal training and/or experience normally required for professional or technical status. They include jobs such as recreation assistants and clerks.

Administrative Support (including Clerical)
This job category includes employees who are responsible for internal and external communications, recording, and retrieval of data and/or information and other paperwork required in an office. The incumbents in this category are mostly administrative office assistants, police clerks, account clerks and accounting technicians.

Skilled Craft Workers
This job category includes occupations in which workers perform jobs that require special manual skill and includes a variety of jobs such as electricians, tree trimmers, parks crew leaders, equipment operators, wastewater collection system operators, wastewater treatment plant operators, water distribution operators and several types of mechanics.

Service - Maintenance
This category includes occupations in which workers perform duties that result in, or contribute to, the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. This category is primarily maintenance workers, custodians and other service or semiskilled staff.

V. UTILIZATION ANALYSIS
Compliance with Proposition 209
As a general rule, pursuant to California Constitution, Article 1, Section 31, City of Modesto may not grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment. However, nothing in Section 31 shall be interpreted as prohibiting the identification of underutilized labor market and not representing the community in which the City serves or as prohibiting action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the City.

Anticipated Expansion, Contraction and Turnover of the City Workforce Current work force review for the City of Modesto through fiscal year 2020-2021 indicates that the total City work force will likely see a slight increase. Future workforce projections are difficult at this time. The current fiscal situation at all levels in the economy is resulting in significantly reduced tax revenues for local governments. It is likely that the City will continue to fill most vacancies. For the first few years of this plan, it is expected the City workforce will remain relatively flat or at its current level.

For planning purposes, we have estimated that turnover in the job categories will be in the 8%-12% range for the foreseeable future. This is based on actual attrition rates (retirements, terminations, resignations) on a City- wide basis. City attrition has ranged #15..
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7 between 1.8% to 10.5% with an average of 7.3% over the last five years. The COVID Pandemic of 2020 slowed world-wide hiring resulting in markedly decreased number of resignations. As employment sectors continue to open, most employers are experiencing the Great Resignation of 2021. The City is no exception and is experiencing an increase in retirements and resignations with the bulk of those departing employees leaving the State.

City-Wide Workforce Data and Census Data by Category
To ensure our workforce data is comparable to all industries, the Job Categories have been modified to match EEO-1 Reporting data. Utilizing the Government/ Public reporting form EEO-4 would not allow an effective community comparison.

City-Wide EEO-1 Categories
There were nine EEO-1 job categories. The EEO job categories are:

Executive/Senior Level Officials and Managers & First/Mid-Level Officials and Managers
This category is reserved for the highest levels within the organization. This level includes individuals who plan, direct, formulate policies and set the strategy.

Positions include: Directors, City Manager, and City Clerk. This job category also includes managers at the group, regional, or divisional level of the organization.

Specific positions include: Lieutenant, All Managers, Police Captain, City Engineer, Fire Deputy Chief, and Superintendents.

Professionals
Jobs in this category typically require professional degrees or certifications. This category includes roles such as Engineers, Accountants, Analysts, Buyers, Inspectors, and Coordinators.

Technicians
Jobs in this category include activities that require applied scientific skills, usually obtained by post-secondary education of varying lengths, depending on the particular occupation. Some examples include: Systems Technician, Electric and Instrumentation Technician, Laboratory Analyst, Police Evidence and Property Technicians, and Traffic Operations Technician.

Sales Workers
This category includes anyone dealing in sales as their primary function. Retail salespeople, insurance salespeople, travel agents, real-estate agents. The City has no employees within this category.

Administrative Support Workers
These jobs are typically found in office settings and include roles such as Administrative Office Assistants, Account Clerks, Police Support Specialists, Executive Assistants, and Paralegals.
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8 Craft Workers
Individuals in this category typically will have a specific higher skill set that makes them qualified for a particular role. For example: Heavy Equipment Operators, Mechanics, Building Maintenance Technicians, Plant Operators, and Electricians.

Operatives
This group includes jobs that require minimal training. They can be termed as semiskilled or intermediate-skilled because the training is less specific. Examples include Utilities Services Worker, and Welder/ Fabricator.

Laborers and Helpers
Jobs in this category include workers with more limited skills who require only brief training to perform tasks that require little or no independent judgment. Some examples are: Tree Trimmer, Maintenance Worker, Parks Maintenance, and Parking Services.

Service Workers
Jobs in this category include food service, cleaning service, personal service, and protective service activities. Skill may be acquired through formal training, jobrelated training or direct experience. This category includes those in the service sector, such as Firefighters, Police, Detectives, Community Service Officers, Custodians, Fire Engineers, and Code Enforcement Officers.

The following section compares the workforce by race/ethnicity, gender and occupational categories; and identifies areas of over and under representation.

United States Census data used for this comparison came from the 2018 EEO Table. The EEO Tabulation is sponsored by four Federal agencies consisting of the Equal Employment Opportunity Commission (EEOC), the Employment Litigation Section of the Civil Rights Division at the Department of Justice (DOJ), the Office of Federal Contract Compliance Programs (OFCCP) at the Department of Labor, and the Office of Personnel Management (OPM) (State and Local Government job groups by sex, and race/ethnicity for residence geography based on total population, civilian labor force above 16 years), the California Labor Market Data as provided from the Employment Development Department, and the 2019 American Community Survey, Table DP02 and DP05. #15..
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9 City of Modesto Workforce
Job Grp
Total Male Female
Male Fem White
Black
or Afr
Am
Hisp Asian
Nat HI
or Ot
Pac Is
Am
Ind or
AK
Nat
2+
Race/NonSpecWhite
Black
or Afr
Am
Hisp Asian
Nat
HI or
Ot
Pac
Is
Am
Ind or
AK
Nat
2+
Race/NonSpec
Executive/Senior Level Officials and Managers & First/Mid-Level Officials and Managers Labor
Market 58.3% 41.7% 39.2% 1.2% 12.8% 2.6% 0.4% 0.4% 1.7% 25.5% 0.8% 11.7% 2.2% 0.0% 0.2% 1.3% City of
Modesto
All
Workforce

75.0% 25.0% 55.6% 1.4% 11.1% 1.4% 0.0% 1.4% 4.2% 18.1% 0.0% 5.6% 0.0% 0.0% 0.0% 1.4% Professionals
Labor
Market 40.5% 59.5% 24.7% 0.9% 8.8% 4.6% 0.2% 0.1% 1.4% 35.9% 1.3% 13.7% 6.3% 0.4% 0.3% 1.7% City of
Modesto
All
Workforce

57.0% 43.0% 34.4% 0.0% 12.6% 5.3% 0.7% 0.0% 4.0% 29.8% 1.3% 6.0% 2.0% 0.0% 0.7% 3.3% Technicians
Labor
Market 41.4% 58.6% 20.0% 0.7% 10.8% 9.5% 0.0% 0.2% 0.2% 28.3% 0.5% 19.7% 8.1% 1.2% 0.5% 0.4% City of
Modesto
All
Workforce

69.8% 30.2% 46.5% 2.3% 11.6% 4.7% 0.0% 0.0% 4.7% 20.9% 0.0% 7.0% 2.3% 0.0% 0.0% 0.0% Administrative Support Workers
Labor
Market 25.3% 74.7% 11.5% 1.0% 9.7% 2.1% 0.3% 0.0% 0.7% 35.0% 3.5% 30.2% 3.3% 0.8% 0.5% 1.3% City of
Modesto
All
Workforce

4.9% 95.1% 2.1% 0.0% 1.4% 0.0% 0.0% 0.0% 1.4% 42.7% 4.9% 34.3% 2.8% 1.4% 0.7% 8.4% Craft Workers
Labor
Market 97.8% 2.2% 40.0% 1.1% 52.1% 2.1% 0.5% 0.6% 1.5% 1.0% 0.0% 0.9% 0.1% 0.0% 0.3% 0.0% City of
Modesto
All
Workforce
100.0% 0.0% 74.5% 0.0% 20.8% 0.7% 0.0% 0.7% 3.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Operatives
Labor
Market 80.9% 19.1% 27.6% 2.6% 44.1% 4.0% 0.8% 0.5% 1.3% 5.5% 0.8% 10.7% 1.2% 0.3% 0.2% 0.3% City of
Modesto
All
Workforce

99.0% 1.0% 61.9% 2.1% 26.8% 2.1% 0.0% 0.0% 6.2% 1.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Laborers and Helpers
Labor
Market 71.6% 28.4% 17.5% 1.5% 49.2% 1.8% 0.3% 0.1% 1.1% 4.9% 0.1% 22.3% 1.0% 0.0% 0.1% 0.1% City of
Modesto
All
Workforce

91.1% 8.9% 57.1% 0.0% 21.4% 8.9% 0.0% 0.0% 3.6% 5.4% 1.8% 0.0% 0.0% 0.0% 1.8% 0.0% Service Workers
Labor
Market 37.9% 62.1% 15.9% 1.4% 16.6% 2.2% 0.4% 0.2% 1.2% 26.5% 1.7% 27.8% 4.2% 0.5% 0.2% 1.2% City of
Modesto
All
Workforce

84.5% 15.5% 57.5% 2.4% 16.0% 3.7% 0.3% 0.5% 4.2% 8.1% 0.3% 4.7% 1.0% 0.3% 0.0% 1.0% #15..
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10 Gender Ethnicity
Male Female White Black
or Afr.

Am
Hisp or
Latino
Asian Am Ind
or AK
Nat
Nat HI or
Ot Pac Is
2+
Races
NonSpecified
Labor Market 49% 51% 46.5% 2.4% 42.0% 5.6% 0.5% 0.7% 2.2% ____ City of Modesto
All Workforce
73% 27% 64.0% 2.0% 23.0% 4.0% 0.7% 0.5% 1.4% 5.0%
City of Modesto Workforce (ALL)
Male 73%
White 537
Black or African American 13
Hispanic 164
Asian 33
Native Hawaiian or Other Pac Islander 2
American Indian or AK Nat. 4
Two or more races 9
Non-specified 33
Female 27%
White 163
Black or African American 11
Hispanic 83
Asian 12
Native Hawaiian or Other Pac Islander 3
American Indian or AK Nat. 3
Two or more races 4
Non-specified 18
City of Modesto Workforce
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11 VI. UNDERUTILIZATION
Underutilization by EE0-1 Category - City Workforce
The following table shows the under-representation by gender and race/ethnicity by EEO-1 category. Each table represents a category of the workforce and the percentage of representation for each. It is broken down by gender and then race/ethnicity to identify areas where the City of Modesto workforce is underutilizing as compared to the community workforce. Goals are created based on the data, beginning with the larger disparities.

EXECUTIVES/SENIOR LEVEL AND FIRST/MID-LEVEL OFFICIALS AND MANAGERS Workforce
(FY 20-21)
2018
Census Underutilized
Male
Hispanic 11.1% 12.8% -1.7%
Asian 1.4% 2.6% -1.2%
National HI or Pacific Is 0.0% 0.4% -0.4%
Female
Female-Total 25.0% 41.7% -16.7%
White 18.1% 25.5% -7.4%
Black or African American 0.0% 0.8% -0.8%
Hispanic 5.6% 11.7% -6.1%
Asian 0.0% 2.2% -2.2%
American Indian or AK Nat 0.0% 0.2% -0.2%

PROFESSIONALS
Workforce
(FY 20-21)
2018
Census Underutilized
Male
Black or African American 0.0% 0.9% -0.9%
American Indian or AK Nat 0.0% 0.1% -0.1%
Female
Female-Total 43.0% 59.5% -16.5%
White 29.8% 35.9% -6.1%
Hispanic 6.0% 13.7% -7.7%
Asian 2.0% 6.3% -4.3%
National HI or Pacific Is 0.0% 0.4% -0.4%

TECHNICIANS
Workforce
(FY 20-21)
2018
Census Underutilized
Male
Asian 4.7% 9.5% -4.8%
American Indian or AK Nat 0.0% 0.2% -0.2%
Female
Female-Total 30.2% 58.6% -28.4%
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12 White 20.9% 28.3% -7.4%
Black or African American 0.0% 0.5% -0.5%
Hispanic 7.0% 19.7% -12.7%
Asian 2.3% 8.1% -5.8%
National HI or Pacific Is 0.0% 1.2% -1.2%
American Indian or AK Nat 0.0% 0.5% -0.5%
2+Race/Non-Spec 0.0% 0.4% -0.4%

ADMINISTRATIVE SUPPORT WORKERS
Workforce
(FY 20-21)
2018
Census Underutilized
Male
Male-Total 4.9% 25.3% -20.4%
White 2.1% 11.5% -9.4%
Black or African American 0.0% 1.0% -1.0%
Hispanic 1.4% 9.7% -8.3%
Asian 0.0% 2.1% -2.1%
National HI or Pacific Is 0.0% 0.3% -0.3%
Female
Asian 2.8% 3.3%% -0.5%

CRAFT WORKERS
Workforce
(FY 20-21)
2018
Census Underutilized
Male
Black or African American 0.0% 1.1% -1.1%
Hispanic 20.8% 52.1% -31.3%
Asian 0.7% 2.1% -1.4%
National HI or Pacific Is 0.0% 0.5% -0.5%
Female
Female-Total 0.0% 2.2% -2.2%
White 0.0% 1.0% -1.0%
Hispanic 0.0% 0.9% -0.9%
Asian 0.0% 0.1% -0.1%
American Indian or AK Nat 0.0% 0.3% -0.3%

OPERATIVES
Workforce
(FY 20-21)
2018
Census Underutilized
Male
Black or African American 2.1% 2.6% -0.5%
Hispanic 26.8% 44.1% -17.3%
Asian 2.1% 4.0% -1.9%
National HI or Pacific Is 0.0% 0.8% -0.8%
American Indian or AK Nat 0.0% 0.5% -0.5%
Female
Female-Total 1.0% 19.1% -18.1%
White 1.0% 5.5% -4.5%
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13 Black or African American 0.0% 0.8% -0.8%
Hispanic 0.0% 10.7% -10.7%
Asian 0.0% 1.2% -1.2%
National HI or Pacific Is 0.0% 0.3% -0.3%
American Indian or AK Nat 0.0% 0.2% -0.2%
2+Race/Non-Spec 0.0% 0.3% -0.3%

LABORERS AND HELPERS
Workforce
(FY 20-21)
2018
Census Underutilized
Male
Black or African American 0.0% 1.5% -1.5%
Hispanic 21.4% 49.2% -27.8%
National HI or Pacific Is 0.0% 0.3% -0.3%
American Indian or AK Nat 0.0% 0.1% -0.1%
Female
Female-Total 8.9% 28.4% -19.5%
Hispanic 0.0% 22.3% -22.3%
Asian 0.0% 1.0% -1.0%
2+Race/Non-Spec 0.0% 0.1% -0.1%

SERVICE WORKERS
Workforce
(FY 20-21)
2018
Census Underutilized
Male
Hispanic 16.0% 16.6% -0.6%
National HI or Pacific Is 0.3% 0.4% -0.1%
Female
Female-Total 15.5% 62.1% -46.6%
White 8.1% 26.5% -18.4%
Black or African American 0.3% 1.7% -1.4%
Hispanic 4.7% 27.8% -23.1%
Asian 1.0% 4.2% -3.2%
National HI or Pacific Is 0.3% 0.5% -0.2%
American Indian or AK Nat 0.0% 0.2% -0.2%
2+Race/Non-Spec 1.0% 1.2% -0.2%
VII. CITY OF MODESTO EQUAL EMPLOYMENT OPPORTUNITY PLAN STANDARDS To ensure the Equal Employment Opportunity Plan complies with federal and state guidelines, the Human Resources Department monitors employment legislation and new laws enacted.
a. Plan Monitoring
i. Annually, data will be reviewed to determine progress in accomplishing objectives to address underutilization areas identified. #15..
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14 ii. When developing the recruitment plan to hire or promote, the Human Resources Department and hiring manager will determine how to best reach the most diverse, skilled pool of applicants. This includes discussions with current staff in underutilized job categories on how best to target the relevant labor market.
iii. The Human Resources Department will conduct recruitments to ensure employment opportunities reach all members of the community, to include, women, minorities and individuals with disabilities. iv. City departments will provide the Human Resources Department with professional associations or publications that might serve as diverse recruiting sources as they are aware.
v. The City may restructure duties or job descriptions in an attempt to remove barriers to employment.
vi. The attrition rate for each underrepresented group is reviewed to determine if it is proportionate to the employee base and departmental work force. This is done to investigate trends and identify any potential areas of discontent, discrimination or intolerance.
vii. The Human Resources Department provides internal auditing to monitor City and departmental compliance and progress with the Equal Employment Opportunity Plan.

VIII. GOALS
In order to ensure the city maintains focus on Equal Employment, it is important to identify goals.

This is accomplished by data analysis and determining the largest areas of opportunity for improvement. Closing the gap to obtain a workforce that resembles the community will be accomplished by applicant sourcing, reviewing policy and procedure, and training employees that affect hiring decisions.

The below list identifies the largest discrepancies and the goals toward closing the gap in the 5-year Plan.

Race/Ethnicity Gender EEO Category Current % Census Underutilization Goal to
increase Goal
Overall Female Service Worker 15.5% 62.1% 46.6% 6% 21.5% Hispanic Male Craftworker 20.8% 52.1% 31.3% 5% 25.8%
Hispanic Male Laborers and Helpers 21.4% 49.2% 27.8% 5% 26.4% Hispanic Female Service Worker 4.7% 27.8% 23.1% 3% 7.7% Hispanic Female Laborers and Helpers 0.0% 22.3% 22.3% 5% 5.0% Additional goals as it relates to recruitment and retention are as follows:

Goal: Diverse Applications
Year One- Increase of 5%
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15 Year Three- Increase of 10% from Year One
Year Five- Increase of 15% from Year One
Goal: Inclusivity
Year One- 25% of employees who leave will state that they felt included/sense of belonging
Year Three- 50% of employees who leave will state that they felt included/sense of belonging
Year Five- 75% of employees who leave will state that they felt included/sense of belonging
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1 CITY OF MODESTO

LANGUAGE ACCESS PLAN
January 2022
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2 Table of Contents
General Language Access Policy ................................................................................................................................... 3 Policy Statement....................................................................................................................................................... 3 Purpose and Authority.............................................................................................................................................. 3 Definitions................................................................................................................................................................. 3 Language Data........................................................................................................................................................... 4 Employee and Recruitment Efforts........................................................................................................................... 5 Language Assistance Procedures.................................................................................................................................. 6 Interpreter and Translator Code of Ethics.................................................................................................................... 9 Employee Compliance................................................................................................................................................. 10 Plan Implementation- Plan Phases ............................................................................................................................. 11 Phase 1:................................................................................................................................................................... 11 Phase 2:................................................................................................................................................................... 13 Phase 3:................................................................................................................................................................... 13 Phase 4:................................................................................................................................................................... 13 Phase 5:................................................................................................................................................................... 13 Monitoring and Assessment ....................................................................................................................................... 14 Complaint Process....................................................................................................................................................... 15 Four Factor Analysis.................................................................................................................................................... 16 Supporting Regulations............................................................................................................................................... 17 Resources.................................................................................................................................................................... 17 Demographic Data ~ City of Modesto......................................................................................................................... 18 #15..
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3 General Language Access Policy
Policy Statement
It is the policy of the City of Modesto to provide meaningful, effective access for members of the public that identify as less than very well in English Proficiency. Language assistance services are available free of charge and the City of Modesto will provide these services for languages identified as a Substantial Number of Limited English Persons Group1to ensure inclusion of all community members. The City continues to search for new solutions to meet public communication needs including more efficient use of existing resources to help improve, and expand, language access.

Purpose and Authority
In accordance with Title VI of the Civil Rights Act of 19642, the Americans with Disabilities Act and the Bilingual Services Act3, this policy establishes guidelines for providing language accessible services to those that are Limited English Proficient (LEP). It is the intent of this policy to establish guidelines and procedures to provide effective communication within the community, encourage broader engagement in public meetings and create comfortable access to services provided by the City.

Definitions
a. Limited English Proficient individual means any individual whose primary language is not English, and has limited or no ability to speak, understand, read, or write English. b. Substantial Number of Limited English Persons Group is identified as 5% of city residents who speak a shared language and indicate their English proficiency as less than very well.

The Dymally-Alatorre Bilingual Services Act defines “Substantial” is defined as 5 percent of the population served by any local office or facility of an agency (Gov. Code, § 7896.2); the percentage is rounded to the nearest whole percentage point (Gov. Code, § 7299.4 sub. (a) (11)).
c. Interpretation is the process of orally rendering a spoken communication from one language into another language to provide meaningful access. d. Primary language means the language that an individual communicates most effectively in.

1 Spanish is the only language identified as a “Substantial Number of Limited English Persons Group”. 2Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(d) and Executive Order 13166 require that recipients of federal funds take responsible steps to ensure meaningful access by persons with limited English proficiency. 3 The Dymally-Alatorre Bilingual Services Act requires local public agencies to provide language access services to identified limited Englishproficient speakers. #15..
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4 e. Translation is converting written text from one language into written text in another language. Translation can also occur when a person is reading a document completely and accurately into spoken speech in another language.
f. Safe Harbor4is providing translation services based on analyzed data of beneficiaries of your services or eligible population utilizing best practices in an effort to be compliant. g. Limited English Proficiency (LEP) Plan is a written plan for providing language access services.
h. A qualified interpreter or translator is a trained professional who is a neutral third party with the requisite language skills, experienced in interpretation or translation techniques, and knowledgeable to effectively facilitate communication between two or more parties who do not share a common language.
i. Vital Documents
5 refers to critical documents that individuals applying for services or benefits must understand, respond to, or complete, in order to access or continue to receive the services or benefits.
j. Four Factor Analysis6is used to evaluate access to programs and services by persons who are limited English proficient to ensure meaningful access while not imposing undue burdens. These factors are used to determine the Title VI obligation. The obligation to provide meaningful access is fact-dependent and starts with an individualized assessment that balances four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered; (2) the frequency with which LEP individuals come into contact with the program; (3) the nature and importance of the program, activity or service provided; and (4) the resources available to the agency and the costs of interpretation/translation services. There is no "one size fits all" solution for Title VI compliance with respect to LEP persons. Instructions on how to perform this analysis are included in this document.

Language Data
City of Modesto shall analyze language spoken within our Community to determine if additional translation or interpretation services are needed. Sources to be reviewed include US Census Data, American Community Survey Data, analysis of community members seeking services in languages other than English, and frequency of access to translated documents. This review will be conducted every two years.

4 Safe Harbor, Federal Register, January 22, 2007: Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons. 5 Vital Documents, Federal Register, January 22, 2007: Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons. 6 https://www.hud.gov/
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5 Employee and Recruitment Efforts
a. Utilizing sufficient bilingual employees in public contact positions, departments shall provide information and services to the public in each language spoken by the substantial number of limited-English-speaking persons group(s). Departments comply with their obligations under this section if they provide the same level of service to members of the substantial number of limited-English-speaking persons group(s) as they provide English speakers.
b. For every public contact position for which bilingual capacity is necessary, the job shall be advertised as a bilingual position for which bilingual conversational proficiency will be a job requirement. This section applies to current and future vacancies only. c. It shall be the policy of the city to contract with recruitment firms able to attract a pool of qualified bilingual applicants for job openings in order to increase the opportunities for finding qualified bilingual employees to fill public contact positions. d. Nothing in this section shall be construed to authorize or require the termination, demotion, or transfer of any city employee.
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6 Language Assistance Procedures

1. How to determine the need for language assistance
a. Employee at the initial point of contact will conduct an assessment for the need for language assistance, and notify the individual of the right to an interpreter at no cost.

Employees who have subsequent contact will continue to assess the need for language assistance.
• To assess the need for language assessment, employee should ask open ended questions, and avoid asking questions that would allow for yes or no responses. For example, asking: “how may I be of assistance?” instead of “do you need help?”
• The LEP individual may speak more than one language, or may have limited proficiency in a secondary language. Employee shall identify the primary language of the LEP individual, and work to provide language assistance in the primary language of the individual.
b. Request for language assistance from the LEP individual or companion.

2. Identifying Language
a. Employee shall request the individual or companion identify the language of the LEP person.
b. Employee may request bilingual/multilingual employee or volunteers to identify the primary language.
c. Use in-person, video remote, or telephonic interpreters to identify the language. d. Use an “I speak” card or poster to identify the primary language.

3. Translation of Vital Documents
City of Modesto will include a translation component within their websites that will allow web pages and most documents posted to be converted into the language the user selects.

For programs/ departments that serve the public- City of Modesto will make available vital documents and materials in the Substantial Number of Limited English Persons Group and may include the following:
i. Administrative complaints, release, or waiver forms
ii. Claim or application forms
iii. Public outreach or education materials
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7 v. Written notices of rights, denial, loss, or decreases in benefits or services, or hearings
vi. Forms or written material related to individual rights vii. Notices of community meetings or other community outreach viii. Notices regarding the availability of language assistance services Determination of which documents are considered Vital Documents will be vetted through the Four Factor Analysis completed by each Department during Phase I of Implementation as identified in this document.

For public access to local government- City of Modesto will make available vital documents and materials in the Substantial Number of Limited English Persons Group to include the following:
i. Annual Operating Budget Report
ii. Agenda Reports and Staff Reports
iii. Council Agendas for regularly scheduled meetings
iv. Council Minutes from regularly scheduled meetings

4. Interpretation Services
Bilingual staff will provide day to day interpretation services as needed within their program/ department. Competency is tested annually and those employees who serve in a bilingual role are compensated for such services as outlined in their MOU.

Regularly scheduled City Council meetings will broadcast with closed captioning to allow participants to select their language of choice.

The City will provide verbal translation services via a language on demand software program that allows real time interpretation while the public is in attendance for the following:
i. Regularly scheduled City Council Meetings
ii. Budget Hearings
iii. State of the City Address

5. Notice of Language Services
Signage will be placed in visible locations notifying individuals of the right to request an interpreter at no cost to the individual. Signage will be translated into the Substantial Number of Limited English Persons Group languages as identified.

Employees at the initial point of contact, will notify individuals of their right to an interpreter at no cost.

City Council meeting webpage will include advisement about interpretation services being available.
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8 Language information will be included in Community Newsletters.

Programs and Departments will determine community outreach as they complete the Four Factor Analysis within Phase I of Implementation as identified.

6. Prohibition against using children as interpreters
Employees are prohibited from using minor children to interpret, absent emergency circumstances.

7. Demographic Data Collection
In Phase 1 of Implementation a demographic intake form will be created to track data on LEP. To ensure accurate, complete data is collected, one (1) universal form will be implemented to be used City wide.

8. Technology
City of Modesto’s Information Technology Department will add a translation widget to all websites maintained by the City. This will allow users to access information in the language of their choice.

Content that should be translated and available to the public must go through the IT Department for processing and inclusion on the website.
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9 Interpreter and Translator Code of Ethics
The Code of Ethics will be reviewed and acknowledged by each employee that will serve in an Interpreter and/or Translator role.

1. Accuracy
Services should be rendered in the target language to include all elements of the original message while accommodating the syntactic and semantic patterns of the target language.

The rendition should sound natural in the target language, and there should be no distortion of the original message through addition or omission, explanation or paraphrasing. Guessing should be avoided. Interpreters who do not hear or understand what a speaker has said should seek clarification. Interpreter errors should be corrected as soon as possible.

2. Impartiality and Conflicts of Interest
Interpreters and translators are to remain impartial and neutral in proceedings where they serve, and must maintain the appearance of impartiality and neutrality, avoiding unnecessary contact with the parties. Interpreters and translators shall abstain from comment on matters in which they serve. Any real or potential conflict of interest shall be immediately disclosed to all parties as soon as the interpreter or translator becomes aware of such conflict of interest.

3. Confidentiality
Privileged or confidential information acquired in the course of interpreting or preparing a translation shall not be disclosed without authorization.

4. Limitations of Practice
Interpreters and translators shall limit their participation in those matters in which they serve to interpreting and translating, and shall not give advice to the parties or otherwise engage in activities that can be construed as the practice of law or making decisions on behalf of the LEP Individual.

5. Accurate Representation of Credentials
Interpreters and translators shall accurately represent their certifications, accreditations, training and pertinent experience.
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10 Employee Compliance
All City of Modesto employees are required to provide free language assistance services to LEP individuals, as identified, and must inform the public about available language assistance services.

1. Training
All City of Modesto employees will receive initial training on:
a. Content of the language access policy;
b. How to identify the need for language access services; c. Working with LEP individuals; and
d. Providing language accessible service in a culturally sensitive manner.

Those employees that will have direct contact with LEP individuals will receive additional training on:
a. Use of “I speak cards”;
b. Working with an interpreter;
c. Demographic data collection; and
d. Interpretation best practices.

Training will be conducted for all staff following the phased approach. Once completed, training will be part of the new hire process and provided to any employee that transfers or promotes into a public facing role.
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11 Plan Implementation- Plan Phases

1. Overall Plan responsibility is held jointly with the Deputy City Managers with oversight by the City Manager. The Deputy City Managers will oversee, and ensure, policy directives and operation procedures, as identified within this plan, are followed. Managing implementation timelines and documenting barriers, if any, to meet them is a key component.

2. Department Directors shall be responsible for monitoring compliance within their Department and reporting any barriers or concerns related to implementation to the Deputy City Managers.

3. The Public Relations Legislative Manager will be responsible for branding of translated documents, notices, postings and webpage. In conjunction with the DCM, they will develop a communication plan throughout each phase.

Phase 1:

A. Conduct City-wide Assessment of Language Needs by Program/ Department/ Division:
○ Survey sent to each Director to obtain information on each department’s language access needs utilizing the Four Factors Analysis. ○ Survey results will be analyzed to determine list of vital documents that need translation and to determine need for interpretation services.

Date of Assessment Completion: June 30, 2022
• Surveys to be sent February 15, 2022
• Surveys returned March 15, 2022
• Analyze Data May 1, 2022
• Confirm Analysis June 1, 2022
B. Technology:
○ Evaluate how the use of technology can support the written translation needs of the departments.

Date of Completion: June 30, 2022
C. Bilingual Employees:
○ Research language testing software to ensure city employees providing translation and interpretation services are highly qualified. Eliminate subjective administrative testing. ○ Create database of employees that provide translation and interpretation services by program/ department.

Date of Completion: March 1, 2022
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12 D. Demographic Form
○ Create City-wide Intake form to capture LEP data.

Date of Completion: February 1, 2022
E. Phone Interpretation Implementation
○ Enter into a contract to provide language access via phone at all city locations to use when bilingual staff is not available.

Date of Completion: March 1, 2022
F. Staff Training
○ Train public facing employees on Language Access Plan to include expectations. ○ Incorporate LAP Training into New Hire Orientation.

Date of Completion: March 1, 2022
G. Public Interpretation Implementation
○ Initiate software to be used during Council Meetings, State of the City Address and Budget Hearings.

Date of Completion: March 1, 2022
H. Public Translation Implementation
○ Translate documents identified previously as Vital Documents (Meeting Agendas, Agenda Reports, Staff Reports and Meeting Minutes). Have available on the City of Modesto webpage and available in Council Meetings.

Date of Completion: March 1, 2022
I. Training
○ Provide overview of software used during Council meetings to Council Members and Executive Management.
○ Train Council Members and Executive Management on Language Access Plan to include expectations.
○ Incorporate LAP Training into New Council Orientation.

Date of Completion: March 1, 2022
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13 Phase 2:

A. Prioritize Program/ Department/ Division Translation Implementation ○ Senior Executive Team will determine which Program/ Department/ Division is the most public facing and critical in nature. Each will be force ranked into three bands for implementation.

Date of Completion: August 1, 2022
B. Band A Implementation:
○ PUT NAMES IDENTIFIED HERE
Date of Completion: November 1, 2022
C. Staff Training
○ Train Band A employees on Language Access Plan to include expectations.

Date of Completion: November 1, 2022
Phase 3:

A. Band B Implementation:
○ PUT NAMES IDENTIFIED HERE
Date of Completion: April 1, 2023
B. Staff Training
○ Train Band B employees on Language Access Plan to include expectations.

Date of Completion: April 1, 2023
Phase 4:

A. Band C Implementation:
○ PUT NAMES IDENTIFIED HERE
Date of Completion: October 1, 2023
B. Staff Training
○ Train Band C employees on Language Access Plan to include expectations.

Date of Completion: October 1, 2023
Phase 5:

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14 Monitoring and Assessment

1. Department Directors shall be responsible for monitoring compliance within their Department with the City of Modesto’s language access policy to include: determination of which programs meet Language Access Plan requirements, the translation of vital documents, interpreter services, data collection and management, education of department employees, signage and managing timelines.

Assigned Department staff will conduct components of the Four Factor Analysis annually, focusing on the following:
a. The frequency with which LEP individuals come in contact with each program within the department;
b. The nature and importance of the program, activity, or service provided by the program to people’s lives; and
c. The resources available to the recipient and costs associated.

2. Deputy City Managers (DCM) shall be jointly responsible for monitoring compliance with the City of Modesto’s language access policy as it relates to LEP public access to include: the translation of vital documents, interpreter services, data collection and management, education of employees, signage and managing timelines.

The DCM will assign staff to conduct components of the Four Factor Analysis, focusing on the following:
a. The frequency with which LEP individuals request access to Council Meetings; b. The frequency of access to the software system providing interpretation services; c. The nature and importance of the program, activity, or service provided by the program to people’s lives; and
d. The resources available to the recipient and costs associated.

3. Deputy City Managers, or their designee, will collect demographic data on language use and need, including: primary language of those that access services; use of interpretation services; distribution of translated documents; frequency of contact with LEP individuals seeking services and attendance of LEP individuals at Public Meetings.

4. City of Modesto shall conduct an annual review on the effectiveness of the language access policy and make changes as needed.
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15 Complaint Process

1. A complaint regarding the denial of language accessible services, or regarding the quality of language accessible services, including interpreters or translated materials, may be made in person, or in writing.

2. Individuals making a complaint can use the Complaint form, but it is not required.

3. The complaint process will be included in the posted notification of the right to an interpreter.

4. The complaint should specify the date, individuals involved, and the specifics of the complaint.

5. All complaints will be directed to the Department Director for investigation, with a copy sent to the City Manager’s Office.

6. All documents and methods taken to resolve complaints will be kept for two (2) years.

7. A member of the Department will notify the parties of any remedial action taken to resolve the complaint and advise of the outcome.
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16 Four Factor Analysis
To ensure meaningful access for Limited English Proficiency LEP persons, City of Modesto will conduct a complete Four Factor Analysis every two (2) years.

Substantial Number of Limited English Persons Group is identified as 5% of city residents who speak a shared language and indicate their English proficiency as less than very well.

To conduct a Four Factor Analysis, you will need the following data:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or recipient (see below for instructions);

2. The frequency with which LEP individuals come in contact with the program;

3. The nature and importance of the program, activity, or service provided by the program to people’s lives; and

4. The resources available to the City of Modesto and costs.

To complete the first part of the Analysis, you will need to gather Census Data.

1. Search C16001 to access the table- Language Spoken at Home for the Population 5 Years and Over.

2. In product selector- select ACS 5-Year Estimates Detailed Tables and the most current year.

3. Select Customize Table.

4. Select “Geos” and under Geography select “County”, then under Within (State) select “California, then “Stanislaus”. Alternately, select, “City”, then select, “Modesto”.

5. Click Close and export to excel.

To determine if you reach the 5% or higher threshold, take the total number of people and multiply by .05. After you have this number, compare it to the numbers in the columns “Speak English less than very well”.

If the number is the same or higher than the 5% number calculated, the population is considered to meet the Substantial Number of Limited English Persons Group and that language should be included within the Language Access Plan (LAP).
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17 Supporting Regulations

1. Executive Order 13166 (65 FR 50121) is directed at implementing the obligations imposed by Title VI of the Civil Rights Act of 1964 and the Title VI regulations.

2. The Dymally-Alatorre Bilingual Services Act (GC Sec 7299).

3. Records regarding efforts to comply, including documents related to the Four Factor Analysis, the LAP, and LEP services provided, must be maintained as proof of compliance efforts.

Resources

1. I speak cards/ Translated Forms and Notices
https://www.cdss.ca.gov/inforesources/forms-brochures/translated-forms-andpublications/i-speak-cards

2. Housing Translated Documents
https://www.hud.gov/program_offices/fair_housing_equal_opp/17lep https://www.hud.gov/program_offices/administration/hudclips/forms/hud1

3. Limited English Proficiency Website- contains translated documents from numerous government agencies that can be accessed and used for no cost. https://www.lep.gov/translation#toc-language-identification-and-i-speak-cards

4. I Speak Booklet
https://www.lep.gov/sites/lep/files/media/document/2020-02/crcl-i-speak-booklet.pdf

5. Census Data- To conduct the first part of the Four Factor Analysis, you will need to access Census Data.
https://data.census.gov/cedsci/

1. Search for C16001 to access the table- Language Spoken at Home for the Population 5 Years and Over.

2. In productselector-select 2019: ACS 5-Year Estimates Detailed Tables.

3. Select Customize Table.

4. Select “Geos” and under Geography select “County”, then under Within (State) select “California, then “Stanislaus”. Alternately, select, “City”, then select, “Modesto”.

5. Click Close and export to excel.
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18 Demographic Data ~ City of Modesto
Language - City of Modesto7
Ethnicity – City of Modesto Community8
African American 4.7%
American Indian and
Alaskan Native 0.5%
Asian 5.8%
Hispanic or Latino 41.9%
Native Hawaiian and
other Pacific Islander 0.6%
White 43.7%
Two or more races 4%

7 Data collected from the American Community Survey 2019 (Table DP02) 8 Data collected from the American Community Survey 2019 (Table DP05) Population 5 yrs. & over 198,669
Language Number of People Percentage of Population Percentage of English only 123,695 62.3%
Language other than English 74,974 37.7%
Speaks English Less than
“very well”
25,261 12.7%
Language Access needed if percentage of population is more than 5% Spanish Language 79,974 27.8%
Speaks English less than
“very well”
17,222 8.7%
Other Indo-European
Languages
8,803 4.4%
Speaks English less than
“very well”
3,405 1.7%
Asian and Pacific Islander
Languages
6,197 3.1%
Speaks English less than
“very well”
2,839 1.4%
Other Languages 4,655 2.3%
Speaks English less than
“very well”
1,795 0.9%
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Americans with Disabilities Act (ADA) and Section 504
Self-Evaluation and Transition Plan
Updated Review for City of Modesto Programs, Services Activities, Facilities, Transit Stops and Public Right-of-Way
2017
Americans with Disabilities Act (ADA) Title II
Section 504 of the Rehabilitation Act of 1973

Prepared by
Disability Access Consultants
(800) 743-7067 in Collaboration and Assistance of the City of Modesto 1010 10th Street
Modesto, CA 95345
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City of Modesto ADA Self-Evaluation and Transition Plan ii

TABLE OF CONTENTS

1.0 INTRODUCTION .......................................................................................................................................... 1 LEGISLATIVE MANDATE AND BACKGROUND................................................................................................................... 1 PURPOSE OF THE CITY OF MODESTO ADA/504 SELF-EVALUATION AND TRANSITION PLAN ................................................. 2 SELF-EVALUATION AND TRANSITION PLAN UPDATE ........................................................................................................ 2 METHODS FOR PROVIDING ACCESSIBILITY ..................................................................................................................... 2 UNDUE BURDEN ...................................................................................................................................................... 3 PRIOR ADA SELF-EVALUATION AND TRANSITION PLANS.................................................................................................. 3 UPDATED ADA SELF-EVALUATION AND TRANSITION PLAN ............................................................................................... 3 REGULAR SELF-EVALUATION UPDATES ......................................................................................................................... 3 CLASSIFICATION OF THE CITY OF MODESTO ................................................................................................................... 4 FOCUS OF THE UPDATED CITY OF MODESTO ADA SELF-EVALUATION................................................................................. 4 LOCATION OF SELF-EVALUATION................................................................................................................................. 5 DESIGNATED ADA/504 COORDINATOR ....................................................................................................................... 5 SELF-EVALUATION FORMAT ....................................................................................................................................... 5

2.0 SELF-EVALUATION – PUBLIC OUTREACH ..................................................................................................... 5 SURVEY FOR ORGANIZATIONS REPRESENTING INDIVIDUALS WITH DISABILITIES ..................................................................... 5 SURVEY FOR FACILITY USERS ...................................................................................................................................... 7 SURVEY FOR PROGRAM AND SITE ADMINISTRATORS .....................................................................................................10 PUBLIC INPUT RECOMMENDATIONS...........................................................................................................................14

3.0 SELF-EVALUATION – POLICIES, PRACTICES, AND PROCEDURES ................................................................. 14

3.1 ADA COORDINATOR ........................................................................................................................................15 A. POSTING OF IDENTITY OF ADA/504 COORDINATOR AND NOTICE OF RIGHTS...........................................................15 B. STATEMENT OF ACCOMMODATIONS ON PUBLIC NOTICES.....................................................................................16

3.2 NOTICE OF NONDISCRIMINATION .......................................................................................................................16

3.3 ACCOMMODATION TO ACCESSIBILITY ..................................................................................................................18

3.4 GRIEVANCE COMPLAINT PROCEDURES.................................................................................................................18

3.5 NONDISCRIMINATION PROVISIONS .....................................................................................................................19 A. GENERAL NONDISCRIMINATION ......................................................................................................................19 B. FEES AND SURCHARGES ................................................................................................................................. 19 C. CITY POLICIES ..............................................................................................................................................20 D. ELIGIBILITY CRITERIA.....................................................................................................................................20 E. OUTREACH MATERIALS AND ACTIVITIES ............................................................................................................20 F. SELECTION OF CONTRACTORS..........................................................................................................................21

3.6 COMMUNICATION............................................................................................................................................21 A. AUXILIARY AIDS AND SERVICES (ALTERNATIVE FORMAT) ......................................................................................21 B. INTERPRETER SERVICES..................................................................................................................................21 C. TELECOMMUNICATIONS DEVICES.....................................................................................................................22 D. WEBSITE ....................................................................................................................................................22

3.7 PUBLIC INFORMATION AND NOTIFICATION...........................................................................................................22 A. ONLINE INFORMATION AND SERVICES...............................................................................................................21 B. DISPLAY OF PUBLICATIONS .............................................................................................................................22

3.8 STAFF EDUCATION ...........................................................................................................................................23 A. STAFF TRAINING ..........................................................................................................................................23 B. NEW EMPLOYEE AND VOLUNTEER ORIENTATION................................................................................................24

3.9 EMERGENCY EVACUATION PROCEDURES ..............................................................................................................24

3.10 IMPLEMENTATION POLICIES .............................................................................................................................25 A. PLANNING AND BUDGETING...........................................................................................................................25 B. MAINTENANCE ............................................................................................................................................25 #15..
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4.0 SELF-EVALUATION – BUILDINGS, FACILITIES, AND STREETS ...................................................................... 25 TRANSITION/BARRIER REMOVAL PLAN .....................................................................................................................25 BUILDINGS AND FACILITIES ......................................................................................................................................26 STREETS ............................................................................................................................................................... 28

5.0 TRANSITION PLAN .................................................................................................................................... 29 COSTS..................................................................................................................................................................29 FUNDING..............................................................................................................................................................29 PRIORITY LEVELS....................................................................................................................................................29 BUILDINGS AND FACILITIES - BARRIER REMOVAL .........................................................................................................29 STREETS - BARRIER REMOVAL ..................................................................................................................................31 STREETS - SURVEYS ................................................................................................................................................ 32 SCHEDULE ............................................................................................................................................................32

6.0 IMPLEMENTATION.................................................................................................................................... 32 APPENDIX A - PUBLIC NOTICES AND POSTINGS .............................................................................................. 33 CITY OF MODESTO ADA PUBLIC NOTICE ............................................................................................................34 ORGANIZATIONAL SURVEY ......................................................................................................................................35 The City of Modesto ADA Title II Self-evaluation was prepared by Disability Access Consultants, with the collaboration and assistance of City of Modesto staff and input by other interested individuals and community members.

Paul Liu, Senior Planner, served as the primary contact and facilitator for the Americans with Disabilities Act (ADA) Self-evaluation of programs, services, activities and events of the City of Modesto and the updated 2017 ADA transition/barrier removal plan for City of Modesto buildings, parks, public rights-of-way and parking lots.

Paul Liu was designated as the Americans with Disabilities Act (ADA) and Section 504 Coordinator from 2013 to June 2017. Beverly Jensen, Risk Manager, was designated as the ADA/504 Coordinator on July 2017. Annual updates and reviews are coordinated by the ADA/504 Coordinator.

A copy of the Self-evaluation and Transition Plan is available from the ADA/504 Coordinator.

Accessible alternate formats are available.

Disability Access Consultants (DAC)
(800) 743-7067
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1.0 INTRODUCTION
The Americans with Disabilities Act (ADA) is a civil rights law that mandates equal opportunity for persons with disabilities in the areas of employment, public accommodations, government services, public transportation, and telecommunication.

City of Modesto completed its original ADA Self-Evaluation and Transition Plan in 1992. This document updates the 1992 Self-Evaluation and Transition Plan to meet the requirements set forth in Title II of the ADA. This document re-evaluates the programs, activities, and services available to the public to determine if there is any discrimination against people with disabilities.

Legislative Mandate and Background
The development of a transition plan is a requirement of the federal regulations implementing the Rehabilitation Act of 1973, which require that all organizations receiving federal funds make their programs available without discrimination toward people with disabilities.

Congress passed the Americans with Disabilities Act on July 26, 1990. The ADA includes the general foundation of prohibiting discrimination against disabled individuals provided by Section 504 of the Rehabilitation Act but includes additional provisions. While Section 504 applies to only entities receiving federal assistance, the ADA covers all state and local governments, including those that receive no federal funds. The ADA has five separate Titles including Title I that applies to employment, Title III that applies to private businesses and public accommodations, and Title V that addresses miscellaneous provisions. Title II covers programs, activities, and services of public entities and the accessibility for people with disabilities and is the focus of this document.

The ADA and Section 504 of the Rehabilitation Act requires state and local governments, such as city and county governments (referred to as public entities in this document) to ensure that their facilities, public rights-of-ways, policies, procedures and practices are accessible and do not discriminate.

In addition to the Department of Justice (DOJ), the Federal Highway Administration's (FHWA) Americans with Disabilities Act (ADA) and Section 504 program plays an important role to ensure that pedestrians with disabilities have an equal opportunity to use the transportation system in an accessible and safe manner.

As part of FHWA's regulatory responsibility under Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 (504), the FHWA is required to ensure that recipients of Federal aid and State and local entities that are responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in any highway transportation program, activity, service or benefit they provide to the general public; and to ensure that people with disabilities have equitable opportunities to use the public rights-of-way system.

Furthermore, laws and regulations require accessible planning, design, and construction to integrate persons with disabilities and that the public entity does not discriminate.

As Caltrans is a recipient of federal funds and cities, counties and other public entities are subrecipients of the flow through funding, public entities are required to demonstrate their compliance with the ADA and Section 504 of the Rehabilitation Act. A component of the requests is the development of a comprehensive ADA/504 Self-evaluation and Transition Plan.

Section 504 of the 1973 Rehabilitation Act (Public Law 93-112) prohibits discrimination on the basis of disability in federally assisted programs. Section 504 requirements for USDOT administrations are covered under 49 CFR Part 27 (USDOT), Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Financial Assistance. The Americans with Disabilities Act (ADA, 1990, Public Law 101-336) is a broader civil rights statute that prohibits discrimination against people with disabilities.

The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, while USDOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The Federal Highway Administration (FHWA) Office of Civil Rights oversees the DOT requirements in these areas.
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In order to ensure compliance, Caltrans conducts reviews to ensure that:
 FHWA recipients and subrecipients are informed of their responsibilities to provide accessibility in their programs, activities, facilities and public rights-of-way  Recipients and subrecipients are in compliance with the ADA and Section 504  Recipients and subrecipients are applying appropriate accessibility standards to all public rights-of-way and transportation facilities
 All complaints filed under Section 504 or the ADA are processed in accordance with established complaint procedures
Purpose of the City of Modesto ADA/504 Self-evaluation and Transition Plan The purpose of the City of Modesto Americans with Disabilities Act (ADA) Title II and Section 504 Selfevaluation is to document the results of the City of Modesto’s review of access to programs, services, activities, events, facilities, parks, airport and public rights-of-way by individuals with disabilities in order to determine if any discriminatory or potentially discriminatory practices, policies or procedures exist. This report contains findings and recommendations based on the review of the City of Modesto.

As evidenced by this study and update, the City of Modesto is committed to complying with the tenets of Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 (504), and other federal, state statutes and regulations to provide accessible for persons with disabilities. The update further serves to demonstrate the ongoing compliance efforts by the City.

The City of Modesto has demonstrated a commitment from the highest level of leadership with coordination of compliance activities and involvement of persons with disabilities and methodologies for compliance procedures. As evidenced in the ADA/504 Report, the City of Modesto understands that the ADA/504 Compliance Plan is not a static document, but requires ongoing implementation and periodic updates.

Self-Evaluation and Transition Plan Update
The Self-Evaluation update is the City’s assessment of the current programs, activities, and services to ensure equal accessibility for individuals with disabilities. The Self-Evaluation addresses both non-physical and physical accessibility.

Non-physical accessibility requires that policies, practices, and procedures do not restrict people with disabilities from participating in programs, activities, and services provided by the City. The Self-Evaluation reviews and corrects those policies, practices, and procedures that are inconsistent with the requirements of Title II of the ADA.

Physical accessibility requires that a facility or building is barrier-free and meets ADA Accessibility Guidelines (ADAAG) and State of California standards, including those found in Title 24. Barriers include any obstacles that prevent or restrict the entrance to or use of a facility. A survey of City’s facilities and buildings will identify the physical barriers that will need to be removed. The implementation plan to remove the physical barriers is call the Transition Plan. At a minimum, the Transition Plan should include:
• A list of physical barriers in City facilities that limit the accessibility of its programs, activities, or services to individuals with disabilities;
• A detailed description of the methods to remove these barriers and meet the current accessibility regulations;
• A schedule for taking the steps necessary to achieve compliance with Title II of the ADA; and • The name of the individual responsible for the plan’s implementation.

Methods for Providing Accessibility
The City may achieve program accessibility by a number of methods. Achieving the required accessibility could occur through structural methods such as altering existing facilities or acquiring or constructing #15..
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additional facilities. Alternatively, examples of non-structural methods that could be used to remove nonphysical and physical barriers include:
• Acquisition or redesign of equipment;
• Assignment of aides; and/or
• Providing services at alternate accessible sites.

Undue Burden
The City is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity, would create a hazardous condition for other people, or would represent an undue financial and administrative burden. This determination can only be made by the ADA Coordinator, department head, or designee and must be accompanied by a statement citing the reasons for reaching that conclusion.

The determination that an undue burden would result must be based on an evaluation of all resources available for use in a program. For example, if a barrier removal action is judged unduly burdensome, the City must consider other options for providing access that would ensure that individuals with disabilities receive the benefits and services of the program or activity.

Prior ADA Self-Evaluation and Transition Plans
As required by Title II of the ADA and Section 504, the City of Modesto conducted previous accessibility studies in to identify physical and structural barriers that may be barriers for accessibility for individuals with disabilities. The latest study conducted by Disability Access Consultants updates and/or augments selected accessibility surveys and studies that were conducted previously. The update and progress report defines the compliance changes and progress since the previous study.

Updated ADA Self-evaluation and Transition Plan
To further the City’s commitment to provide programs, services and activities in a nondiscriminatory manner for individuals with disabilities, the City decided to conduct an updated Americans with Disabilities Act (ADA) and Section 504 Self-evaluation of programs, services, activities, parks, facilities and public rightsof-way. The updated ADA/504 Self-evaluation provides a current benchmark for accessibility efforts by the City and provides an updated framework for implementation. The current study also incorporates recent updates in the ADA, California Building Code, Caltrans and accessibility trends.

The Self-evaluation of policies, procedures and activities was started in 2013 under the direction of Paul Liu, Senior Planner of the City of Modesto. Disability Access Consultants (DAC) was contracted to conduct a comprehensive survey of City buildings, facilities, parks, parking lots, and transit shelters and stops. The goal of the City is that all potential physical and programmatic barriers for accessibility are identified and removed. Since 2013, the City has continued to enhance other areas of accessibility as identified in the 2017 update, including receiving training on conducting ADA surveys of public rights-of-way to self-survey the City’s sidewalks and curb ramps.

Regular Self-Evaluation Updates
The City understands that the ADA/504 plan is a living, on-going document and requires regular updates to keep it current. In its continuing efforts to maintain compliance, the City has several mechanisms in place to provide for an ongoing update of the Self-evaluation. The City’s designated ADA/504 Coordinator is empowered with oversight responsibility for implementation of the requirements of the ADA, Section 504 and related accessibility standards and regulation. The City also has the use of web based accessibility management software called DACTrak to document and track the findings and the implementation of the plan, including progress reports.

As public input is important to develop and prioritize the plan, the City conducted public outreach and as described in the public outreach portion of this document. It is recognized that input from stakeholders is a valuable component of an updated, usable and realistic plan. #15..
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Updates may also be necessitated by changes in the ADA, the California Building Code, PROWAG or MUTCD. An example is the court case regarding on-street parking. Another example is the FHWA and DOJ memorandum clarifying what is maintenance and what is an alteration.

Classification of the City of Modesto
The City of Modesto is classified as a “public entity” pursuant to Title II of the Americans with Disabilities Act which applies to state and local governments. A public entity covered by Title II is defined as:
1) Any State or local government;
2) Any department, agency, special purpose district, or other instrumentality of a State or local government; or
3) Certain commuter authorities as well as AMTRAK.

As defined, the term "public entity" does not include the Federal Government. Title II, therefore, does not apply to the Federal Government, which is covered by sections 501 and 504 of the Rehabilitation Act of 1973. Title II is intended to apply to all programs, activities, and services provided or operated by State and local governments. As Section 504 of the Rehabilitation Act applies to programs or activities receiving Federal financial assistance, the City understands that compliance with Section 504 is required.

Title II of the ADA covers programs, activities, and services of public entities. Title II is divided into two subtitles. This study focuses on subtitle A of Title II, which is implemented by the Department of Justice's Title II regulation. Subtitle B, covering public transportation, and the Department of Transportation's regulation implementing that subtitle, are not addressed in this study. The City did, however survey and incorporate findings from selected public rights-of-way. In accordance with the ADA and Section 504, public rights-of-way are considered programs, services and activities of the public entity.

Subtitle A, the focus of the City of Modesto self-evaluation, is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It additionally extends the prohibition of discrimination on the basis of disability established by section 504 of the Rehabilitation Act of 1973, as amended, to all activities of State and local governments, including those that do not receive Federal financial assistance. By law, the Department of Justice's Title II regulation adopts the general prohibitions of discrimination established under section 504, and incorporates specific prohibitions of discrimination from the ADA. Section 508 standards for website accessibility are also incorporated into the study.

Focus of the Updated City of Modesto ADA Self-Evaluation Barriers that deny or limit access to programs, services or activities may be structural or nonstructural.

Nonstructural barriers may be due to policies, practices or procedures that may inadvertently limit, segregate or discriminate against individuals with disabilities.

The City of Modesto ADA/504 Self-evaluation and Transition Plan targets access to the City’s programs, services and activities in nonstructural or programmatic areas as defined by Title II of the ADA and Section 504 of the Rehabilitation Act. Structural barriers are referenced in the transition plan by site and are contained in detail in individualized Transition/Barrier Removal reports of sites inspected and are available from the ADA Coordinator and in the DACTrak Accessibility Management System. It is important to note that some structural barriers may be addressed by using a programmatic methodology if they did not involve new construction or new remodeling and renovation. Findings, recommendations and other pertinent information from the study has been loaded into the web based DACTrak Accessibility Management System developed by Disability Access Consultants (DAC) and licensed to the City of Modesto. #15..
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Location of Self-Evaluation
The ADA/504 Self-evaluation and Transition Plan will be maintained and made available for public inspection by the City’s ADA Coordinator. The ADA/504 Self-evaluation and Transition Plan is available in alternate formats, as requested. Accommodations are also made by the City as requested.

Designated ADA/504 Coordinator
Paul Liu was designated as the ADA/504 Coordinator for the City of Modesto from 2013 to June 2017.

Beverly Jensen was designated as the ADA/504 Coordinator on July 2017, and the address and contact information is:

Beverly Jensen, Risk Manager
City of Modesto
1010 10th Street
Modesto, CA 95354
Phone: (209) 577-5446
Email: [email protected]
The City offered alternate methods and accommodations to provide access to review or provide input into the City’s plan.

Requests for information from the ADA/504 Coordinator can be sent by email, phone, mail, and fax. The ADA/504 Coordinator currently does not have a direct TTY number, but uses the California relay system.

Information is available in alternate formats upon request.

Requests for copies or information about the City of Modesto ADA/504 Self-evaluation and Transition Plan can be obtained from the ADA/504 Coordinator.

Self-Evaluation Format
Information collected during the self-evaluation process is reported by areas and categories, not individually by departments. This Self-evaluation provides an overall summary and profile of findings and recommendations. Findings and recommendations for potential physical barriers are found in the web based DACTrak software program. DACTrak has photographs of barriers, GIS information, findings, recommendations, estimated costs and other information. Custom reports and transition plan information can be generated from DACTrak to monitor and track the implementation of the plan.

2.0 SELF-EVALUATION – Public Outreach
Title II of the ADA requires opportunity for input into the self‐evaluation process by individuals with disabilities, organizations representing individuals with disabilities and other interested individuals, and program and site administrators. For three years after completion of the Self‐evaluation, the public entity must keep records of any problems identified. (28 CFR §35.105) Opportunities were provided for public input into the self‐evaluation process. Notices requesting input and the identity of, and contact information for, the ADA Coordinator (Appendix A) were posted at City sites and on the City website. A letter was also sent to stakeholders that include agencies, organizations, and individuals seeking input. Two types of surveys were available to the public were available for Organizations Representing Individuals with Disabilities or for Facility Users.

A survey was also provided for Program and Site Administrators or City staff members for input.

Survey for Organizations Representing Individuals with Disabilities The survey to organizations included questions regarding contact with City programs, if there were any current complaints or problems, what information or resources the organization could provide that would assist the City, what general guidance or assistance the organization could provide, and what is the highest priority for the City to improve accessibility. The comments from the public emphasize the need to provide #15..
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adequate accessible transportation and access to buildings. The response to this 2015 survey is summarized as follows:

Questions Organizations Comments

1.What direct
communications
have you had
with the City of
Modesto to
facilitate services
and
accommodations
for individuals
with disabilities?
Modesto Gospel Mission None
MOVE Most contact has been with MAX since I work with
coordinating transportation for individuals with
disabilities
Project Sentinel Project Sentinel conducted a presentation on its Fair Housing Services for the Equal Opportunity/disability
commission highlighting our work with people with
disabilities.

Stanislaus County
Behavioral Health and
Recovery Services (BHRC)
Many
Stanislaus Council of
Governments (StanCOG)
StanCOG has regular communication with the members
of our Social Services Transportation Advisory Council
(SSTAC). The City of Modesto has a member of their
Transit Division appointed to this advisory council. SSTAC advises StanCOG Policy Board, which is made up of local elected officials, on transit issues, including access for persons with disabilities. SSTAC also provides a forum for discussion between the region’s four transit providers
and representatives of social service agencies.

U.S. Renal Care Through Dial-A-Ride
Visually Impaired Persons
Support (VIPS)
None at this time

2.Are there any
specific
complaints or
problems
regarding access
for individuals
with disabilities to
any of the
programs,
services or
activities provided
by the City of
Modesto?
Modesto Gospel Mission Bus services (not enough)
MOVE None that I know of
Project Sentinel I have heard complaints about transit options making it difficult for people to access services. Though not an
issue particular to these with disabilities, one major
complaint is the non-responsiveness of code
enforcement.

Stanislaus County BHRC Yes, cannot bring mobile grocery baskets on public transportation. Not enough bus stops within close
proximity. No public transportation after 6 pm.

StanCOG Not at this time
US Renal Care At times do not always pick up the patients on time VIPS None that we are aware of

3.What information
or other resources
can you supply to
help educate or
inform the City of
Modesto about
your organization
and your services
for individuals
with disabilities?
Modesto Gospel Mission Our organization does provide shelter for disabled individuals at times.

MOVE Anyone having challenges getting to the city or events can contact us to work with them regarding
transportation.

Project Sentinel We have brochures available on housing discrimination against persons with disabilities and on fair housing
rights of persons with service and support animals. It
would be great to have information on this on the City
website.
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Questions Organizations Comments
Stanislaus County BHRC We can provide brochures
StanCOG SSTAC is one of the StanCOG Standing Committees for which the City of Modesto’s Transit Division participates. (See response from Question No. 1)
US Renal Care --
VIPS See attached brochure

4.What general
guidance, advice
or assistance
could your
organization
provide to the
City of Modesto
to protect against
potential
discrimination of
individuals with
disabilities in its
programs,
services and
activities?
Modesto Gospel Mission Making sure they are aware of the facilities that are compliant
MOVE None
Project Sentinel We’d be happy to provide training on housing discrimination for anyone who might need this
information or be in a position to pass this information along to people with disabilities who need reasonable
accommodations in housing.

Stanislaus County BHRC The need to address mental health stigma. Provide education to minimize.

StanCOG See above
US Renal Care None, not aware of any discrimination
VIPS We would be pleased to do a presentation to the city or any departments you think could benefit from our
information.

5.What do you feel
is the highest
priority for the
City of Modesto
to improve
accessibility for
individuals with
disabilities?
Modesto Gospel Mission Bus transportation dedicated to disabled instead of a normal bus
MOVE The bathrooms on all floors should have a button to open the doors at 1010 10th Street. I was in a wheelchair when I worked there and could not get into the
bathrooms.

Project Sentinel It would be great to have and advertise an ombudsperson or coordinated access point for
complaints and to connect to people to services
provided by the city and the community for people with
disabilities.

Stanislaus County BHRC Transportation and curbside service.

StanCOG No input at this time
US Renal Care Don’t know
VIPS Doorway access, clear access in front of buildings.

Survey for Facility Users
Surveys were available for facility users to provide input. The survey included questions regarding accessibility, signage, accommodations, and the availability of auxiliary aids and equipment. The survey also asked the respondent to rate the City’s attitude towards individuals with disabilities. The response to this 2015 survey is summarized as follows:
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Questions Organization Comments
Modesto
Senior
Center
US
Renal
Care

1. What is your relationship to the City of Modesto?
(check all that apply)
 Resident
 Visitor
 Contractor
 Employee
 Participant of a Program, Service or Activity
 Other
x
x
x
If Other, please describe.

Social worker for U.S. Renal Care

2. Check all programs, service or activities in which you participate at the facility, site or location.
 Classes
 Recreation
 Meetings
 Sporting Events
 Seminars
 Work (Volunteer)
 Work (Employee)
 Other
x
x
x
x
x x
If Other, please describe.

3. Do you know who to contact if you need assistance,
have a concern or compliant, or need an
accommodation to access a facility, service or event?
 Yes
 No
x
x
If Yes, who would you contact?
Darin Sims

4. Have you ever requested an accommodation for a
disability from the City?
 Yes
 No
 Not Applicable
 Don’t Know
x x

5. If an accommodation was requested, was your
accommodation made by the City?
 Yes
 No
 Not Applicable
 Don’t Know
x
If yes, what accommodations
were made? If no, were you
given a reason why it was not
provided?

6. Have you experienced any barriers, nonaccessible
areas, or nonaccessible programs? (Examples: no
accessible parking spaces, difficulty reaching an
accessible entrance, steep ramps, uneven sidewalks,
need for assistive listening device, large print, etc.)  Yes
 No
 Not Applicable
 Don’t Know
x
x
If yes, please describe.

Some customers complain of
how far it is to walk to bus stop,
front entrance (handicap
accessible door).
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Questions Organization Comments
Modesto
Senior
Center
US
Renal
Care

7. Have you attended any special events in the City?
 Yes
 No
x
x
If yes, did you encounter any
barriers to accessibility?

8. Is accessible seating provided for individuals with
disabilities at meetings, classes, programs, etc. held at the facility?
 Yes
 No
 Not Applicable
 Don’t Know
x x
If no, please describe.

9. Are you aware of any programs, service or activities that are not accessible to individuals with disabilities?  Yes
 No
 Not Applicable
 Don’t Know
x x
If yes, please describe.

10. Are you aware of any areas or elements of the facility that are not accessible to individuals with
disabilities?
 Yes
 No
 Not Applicable
 Don’t Know
x
x
If yes, please describe.

The senior center stage does not
have an elevator/lift for
someone with disabilities to get
onto the stage. The PA system is
not adequate for hearing
impaired.

11. Is information provided regarding accommodations,
auxiliary aids (such as assistive listening systems,
interpreters, alternate formats, specialized
equipment, or assisted services, etc.?)
 Yes
 No
 Not Applicable
 Don’t Know
x
x
Please describe.

See above.

12. Is there adequate directional and informational
signage provided at the facility?
 Yes
 No
 Not Applicable
 Don’t Know
x
x
If no, please describe.

No signage to let guests know
direction of office/front
entrance location

13. If you have requested auxiliary aids, an interpreter or specialized equipment, was your request
accommodated?
 Yes
 No
 Not Applicable
 Don’t Know
x
If no, please describe.

14. Has the attitude of the staff of the City of Modesto towards you or someone you know with a disability
Please describe.

Senior center staff is sensitive to
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Questions Organization Comments
Modesto
Senior
Center
US
Renal
Care
been generally helpful, supportive, positive and
proactive in solving accessibility issues?
 Yes
 No
 Not Applicable
 Don’t Know
x
x
the needs of elderly and
disabled and endeavor to be
helpful as possible.

15. Other comments:

16. What do you feel is the highest priority for
accessibility in the City of Modesto Accessibility Plan? To provide access and various
services for the disabled
Survey for Program and Site Administrators
A survey for Program and Site Administrators was distributed and stated that “The City of Modesto is conducting an Americans with Disabilities Act Self-evaluation. This survey has been developed to gather input regarding the City’s provision of programs, services and activities for individuals with disabilities. Your assistance in completing this survey is appreciated. If needed, please fill out a separate survey for each program and facility or attach information as needed.” Responses were provided by Phil Calbreath, Principal Information Technology Administrator; Jeff Cortinas, Acting Senior Civil Engineer; Leslie Curtin, Customer Services Manager; Jessica Nunes, Paralegal; Mike Payton, Division Fire Chief; and Ken Peterson, Park Project Coordinator. The following questions were included in the survey.

Questions Respondent Comments

1.Please list and briefly
describe programs,
services, activities and
special events for which
you are responsible (you
may be responding on
behalf of your Division or
Department):

Phil Calbreath The mission of the Information Technology (IT) Department is to increase City Staff efficiency through the use of technology with the ultimate goal of improving the organization’s responsiveness and ability to provide services to citizens. The IT Department actively evaluates and pursues new technologies that facilitate staff efficiencies to ultimately benefit the citizens we serve.

Leslie Curtin I am the Customer Services Division Manager in the Finance Department responsible for the daily operations of the
Customer Services Division which houses 4 minor divisions:

Utility Billing and Collections, Cashiering, Parking Citations and Business Licensing. This division serves the majority of the percentage of customers that enter City Hall to pay their bills and process business transactions
Jeff Cortinas Webinar Training – monthly the division offers a training webinar in the IT training room.

Quarterly Recognition Meetings – the construction and
engineering divisions meets quarterly to review division news and topics. Typically this is done in the basement meeting rooms or on the 4th floor conference rooms.

Annual luncheon – the department meets yearly to review department news and topics.

Christmas luncheon – the department meets yearly to
celebrate the holidays.

Jessica Nunes Legal representative and advice regarding: (to all departments) criminal prosecution, administrative hearings, civil litigation, contracts (review, draft, approve) training (to staff)
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Questions Respondent Comments
Mike Payton Fire safety education tours for kids ages K through 5th grade.

Ken Peterson Park Planning and Development Division. Park development and construction, grant writing, park partner projects, construction plan check.

Jessica Nunes Legal representative and advice regarding: (to all departments) criminal prosecution, administrative hearings, civil litigation, contracts (review, draft, approve) training (to staff)

2.Are the events, programs
or activities for which you
are responsible provided
at one site or at multiple
sites in the City? If so,
please describe:

Phil Calbreath IT services are provided at all City facilities where technology is installed, utilized or accessed.

Jeff Cortinas The training and QRMs are typically held in the basement or 4th floor conference rooms. The luncheons are held at Tuolumne Regional River Park or the airport.

Leslie Curtin One site- City Hall
Jessica Nunes Multiple sites for meetings and training
Mike Payton Fire safety education programs are provided at all 11 fire stations.

Ken Peterson Display booth at Earth Day in the Park festival.

3.List the site where your
office is located:

Phil Calbreath 1010 10th Street, Su #5502
Jeff Cortinas 1010 10th Street, Fourth Floor
Leslie Curtin 1010 10th Street, Su #2100
Jessica Nunes 1010 10th Street, Sixth Floor, City Attorney’s Office Mike Payton 1010 10th Street, Suite 3200
Ken Peterson 1010 10th Street, Suite 4400

4.How do participants access
or request information
about your programs,
services or events (come
to your office, call, email,
other, etc.)?
Phil Calbreath We are primarily an internal service organization however we handle the technical aspects of many forms of communication and online services. Information can be requested via email, telephone; with an occasional walk-up to 5th Floor Purchasing counter.

Jeff Cortinas Staff is emailed and flyers are posted throughout division and department.

Leslie Curtin Walk-in, phone calls, and email
Jessica Nunes Come to office, Call or email
Mike Payton By phone and email
Ken Peterson Email, phone, over the counter

5.Hours of operation by
program (if applicable):

Phil Calbreath Normal staff operating hours are M-F, 8am – 5pm, with online and emergency services available 24/7.

Jeff Cortinas Construction and Engineering operates between 6:30am and 6:00pm. Operation operates between 6:00am and 5:00pm but does have graveyard shifts
Leslie Curtin 8:30 – 4:30
Ken Peterson 8:30 – 4:30
Mike Payton Programs are approximately 30 minutes, and can be conducted from 9am – 5pm.

Jessica Nunes Monday through Friday 8 to 5pm, closed 12 to 1 for lunch.

6.What organizations or
groups utilize all or part of
your site? (Describe use
and location):

Phil Calbreath For the physical location City staff primarily, with the occasional vendor or visitor tour. Online services are targeted to City of Modesto residents, but available to all.

Jeff Cortinas None, sites are secure and require badge access or sign in. #15..
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Questions Respondent Comments
Leslie Curtin Citizens, business owners, employees
Jessica Nunes City and county staff, Citizens of city and county Mike Payton Church groups, public and private schools and boy scouts.

Ken Peterson Facilities constructed are open to the public.

7.Are there any recent or
current complaints from
employees, members of
the public or other
stakeholders regarding
accessibility for individuals
with disabilities at your
site? (If so, please
describe):

Phil Calbreath We are not aware of complaints from employees, members of the public or stakeholders regarding the accessibility for individuals with disabilities at our site.

Jeff Cortinas None
Leslie Curtin None
Jessica Nunes Unknown
Mike Payton Not that I am aware of.

Ken Peterson Not that I’m aware of.

8.Are you aware of any
barriers affecting
accessibility by persons
with disabilities to any
program at your site? If
so, please describe:

Phil Calbreath We are not aware of any barriers that effect accessibility by persons with disabilities to any program at our site.

Jeff Cortinas Yes, see reports prepared by Disability Access Consultants.

Leslie Curtin No
Jessica Nunes No
Mike Payton None that I’m aware of.

Ken Peterson None that I’m aware of.

9.What would you consider
to be the highest priority
to make programs,
services, activities or
events offered by the City
of Modesto more
accessible for individuals
with disabilities
Phil Calbreath We defer the matter of ADA priority to the ADA Committee recommendations.

Jeff Cortinas Those that are life, health or safety risks. For example steep ramps, protruding sharp objects, or insulating wraps for hot water at lavatories.

Leslie Curtin --
Jessica Nunes Unknown
Mike Payton I don’t believe our programs are hindered by the lack of ADA compliance.

Ken Peterson Trail, sidewalk and curb ramp improvements.

10.In your opinion, what is
the highest priority for
making your facility or
facilities more accessible
(if applicable)? (Please
provide as much detail as
possible)
Phil Calbreath We defer the matter of ADA priority to the ADA Committee recommendations.

Jeff Cortinas See above.

Leslie Curtin I think with our counter remodel we are able to accomplish ease of use of facility.

Jessica Nunes None
Mike Payton None
Ken Peterson None

11.Other Comments (if more
space is needed, please
write on the back of the
survey or attach
additional sheets):

Phil Calbreath None
Jeff Cortinas None
Leslie Curtin None
Ken Peterson None
Mike Payton None
Jessica Nunes None
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The survey included the following detailed questions where the respondents could answer yes, no, don’t know (DK) or not applicable (NA). Questions and the number of responses are included in the following summary:

QUESTIONS YES NO DK NA COMMENTS

1. General
Do you know who the designated ADA
Coordinator is for the City?
6 If yes, name person:

Paul Liu (2)
Have you posted and noticed the name and
address of the ADA Coordinator?
2 4 If yes, where:

Website
Do you already have an Accessibility Survey or
report for your site?
1 2 3 If yes, please attach to the survey.

Are individuals with disabilities included in or
have an opportunity to participate in all
programs, activities, and services provided by
your site?
4 1 1
Do you have any employees with disabilities
at your site (if known)?
2 4
Are you aware of any community members
or recipients of services with disabilities who
utilize your site?
3 3

2. Communication
Have you posted and noticed the rights
afforded individuals with disabilities?
3 1 1 1 If yes, where:

Anti-discrimination notices posted in
employee break room, TSP Basement
Do you have a Telecommunications Device for
the Deaf (TDD/TTY) at your site?
3 1 2 If yes, state location, number, and if they
are operable:
2 nd floor HR, PD front counter
Is your staff trained regarding the use of a
TDD/TTY?
4 2 If yes, state when and how:

Are assistive listening devices available for
individuals with hearing impairments at your
site?
2 4 If yes, state location, number fixed or
portable, and if they are operable:

Have you reviewed your website for
accessibility for vision-impaired persons?
1 3 2 If yes, when:
2012

3. Policies
Are accessibility grievance procedures
available for employees, students and
members of the public?
2 2 2 Anti-discrimination notices posted by HR
in TSP, basement, and departments
Are grievance procedures or uniform
complaint procedures noticed and posted at
your site?
2 2 2 If yes, where:

Anti-discrimination notices posted by HR
in TSP, basement, and departments
Are individuals with disabilities served or
located in segregated areas of your facility?
1 3 2 ADA compliant windows installed
Do you require persons with disabilities to
receive or participate in services at an
alternate location?
5 1 If yes, describe:

Do you follow a specific procedure or policy
for use of the facility by organizations or
members of the public?
3 1 2 If yes, describe:
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QUESTIONS YES NO DK NA COMMENTS
Have you made accommodations for
individuals with disabilities (employees,
patrons, members of the public, etc.)?
2 1 2 1 If yes, describe:

For ADA windows
Do you have a statement of accommodations
in your literature or on public notices?
2 3 1
Do you have access to current City policies,
procedures or practices?
3 1 2

4. Programs
Do you have emergency evacuation plans
posted at your site that includes procedures
for individuals with disabilities?
2 3 1 If yes, where:

Do you provide transportation for your
programs, services or activities?
1 4 1 If yes, describe transportation and its
accessibility:

Do you offer programs at your site that are
not offered at other sites in the City?
2 2 2 If yes, describe:

Payments for business license, cash
receipts, utilities, etc…
Do you have any programs offered or located
at a different site?
1 2 1 2 If yes, describe each branch or satellite
facility:

Does your site offer any exemplary programs
or services for individuals with disabilities?
2 2 2 If yes, describe:

Have you received any awards or special
recognitions regarding programs or services
for individuals with disabilities?
5 1 If yes, describe:

Do you have any construction or remodeling
projects currently underway or planned for
the next 2 years?
3 3 If yes, describe:

Customer service counter reconstruction
plans include ADA compliance windows
Do you have any volunteers? 1 5
If you have volunteers, have they received
training on providing services or activities for
individuals with disabilities?
2 1 3

5. Training
Have you provided training or information to
your staff regarding the requirements of the
Americans with Disabilities Act?
5 If yes, describe:

Would you like additional training regarding
the Americans with Disabilities Act?
4 1
Public Input Recommendations
The City should continue to accept public input on the Self Evaluation and keep records of any problems identified. The City may wish to conduct periodic customer satisfaction surveys or gather input from recipient of services as an ongoing activity. An additional emphasis may include outreach activities to collect and integrate input from individuals with disabilities and organizations representing individuals with disabilities on an ongoing basis.

3.0 SELF-EVALUATION – Policies, Practices, and Procedures The Self-Evaluation is the assessment of the programs, services, and activities, to ensure equal accessibility for individuals with disabilities and to remove any non-physical and physical barriers. This section of the Self-Evaluation reviews the policies, practices, and procedures to determine non-physical accessibility to programs, services, and activities.
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3.1 ADA Coordinator
The regulations implementing the ADA require any public entity with fifty or more employees to designate at least one employee to coordinate ADA compliance (28 CFR §35.107(a)). The public entity shall make available to interested persons the name, office address, and telephone number of the ADA coordinator.

Findings
The City has a designated ADA Coordinator to oversee the development, implementation, and monitoring of the ADA Self‐evaluation and Transition Plan. The identity and contact information of the ADA Coordinator is posted on the City website. The contact information includes the name, address, e‐mail address and phone numbers of the ADA Coordinator as well as the California relay phone number.

Recommendations
Information regarding the ADA Coordinator should be posted at all City program sites, in new employee and volunteer packets, in frequently used publications (public notices, brochures, pamphlets and other documents), in staff and public directories, and continue to be on the website. A TDD/TYY number can also be provided.

A. Posting of Identity of ADA/504 Coordinator and Notice of Rights Federal regulations require public entities to make available to interested persons the name, office address and telephone number of the ADA/504 coordinator (28 CFR §35.107(a)).

In addition, Section 35.106 requires a public entity to disseminate sufficient information to applicants, participants, beneficiaries and other interested persons to inform them of the rights and protections afforded by the ADA/504. Furthermore, in providing for notice, the City must comply with the requirements for effective communication in Section 35.160.

A copy of the public rights notice is located in Appendix A.

Findings
The identity of the ADA/504 Coordinator and the notice of the rights afforded individuals with disabilities were posted and noticed at the commencement of the study. The identity of the ADA/504 Coordinator, address, phone number, and email address were noticed and posted.

Recommendations
The City should provide ongoing notice of the identity of the City of Modesto ADA/504 Coordinator on its website and in frequently used publications or documents accessed by the general public and by recipients of programs, services and activities.

The notice may also be provided in newspaper advertisements, on applications, at program sites, in program handbooks, in regular mailings, on legal notices, on radio announcements, in requests for proposals/qualifications, on facility use agreements, and in contracts.

The notice should include the name, title, address and phone numbers of the ADA/504 Coordinator. The notice should include a TDD/TTY number and/or California Relay number to ensure equally effective communication. Although not required, it is recommended that the notice include the e-mail address for the ADA/504 Coordinator.

Notices should be posted in conspicuous locations on a regular basis.

Information regarding the requirement to post the identity of the ADA/504 Coordinator, notice of rights in accordance with the ADA/504 and related information should be sent to each department by the ADA/504 Coordinator or other appropriate official. A standard notice should be given as an example. Each department could add specific information applicable to the provision of programs, services and activities.

Posting and notice requirements should be updated if the identity of the ADA/504 Coordinator changes or if more than one ADA/504 Coordinator is designated.
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B. Statement of Accommodations on Public Notices
Statements of accommodations should be available on public notices and agendas. The City is required to provide Title II information in alternative formats to ensure that that information is accessible to people with disabilities.

Findings
Public City Council Agendas and other public postings and notices currently have an ADA/504 compliance statement. A sample of an ADA/504 compliance statement from a City of Modesto Planning Commission agenda is:
“In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Commission Secretary at 209.577.5267. Assistive listening devices are available upon request to the Planning Commission Secretary. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. “
Recommendations
Another sample statement may include the following statement with the phone and TDD/TTY numbers:
“Individuals who need auxiliary aids and or services for effective communication or to participate in programs and services of the City of Modesto are invited to make their needs and preferences known to the ADA/504 Coordinator or the alternate Contact Person. This notice is available in accessible alternate formats from the ADA/504 Coordinator.”

3.2 Notice of Nondiscrimination
A public entity is required to provide information to applicants, participants, beneficiaries and other interested persons about the rights and protections afforded by Title II of the ADA (28 CFR §35.106).

Specifically, a public entity must provide a notice of nondiscrimination. Furthermore, the notice must comply with the requirements for effective communication in Section 35.160.

Findings
The notice of nondiscrimination was posted on the City’s website at the commencement of this update. A copy of the public rights notice is located in Appendix A.

Publications containing statements of nondiscrimination in regards to access to programs, services and activities were found on the City’s website on many documents intended for public use. Examples include the Community Development Block Grant Program and Policies, and Modest Dial-A-Ride to name a few.

The City of Modesto employment opportunities in the Human Resources area of the City’s web page contains statements of nondiscrimination and Equal Employment Opportunity. “The Modesto City Council is committed to the principles of equal opportunity and non-discrimination in all employment practices. We fully endorse the policy of equal opportunity and have committed the City of Modesto to provide employees and applicants equal employment opportunities in all departments within the City. The City's Equal Opportunity Plan aims at: identifying and eliminating the effects of any past discrimination; removing any artificial barriers to the employment of women, minorities and disabled persons; developing and implementing employment programs so that the employment of women, minorities and disabled employees at all levels of the City approximates the local labor market; and providing a continuing program of training for all employees.

The City will not participate in discriminatory practices in recruitment, testing, hiring, promotions, training, compensation, layoffs, terminations, or any other conditions of employment based on race, ancestry, color, national origin, religion or creed, disability (mental and physical, including HIV and AIDS) or perceived disability, medical condition (cancer and genetic characteristics), pregnancy-related condition, marital status, sex, sexual orientation, age (40 and above), or political affiliation or belief. Moreover, it is further stated that our non-discrimination policy includes prohibition of harassment (visual, verbal or physical) of an #15..
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employee based on the conditions enumerated above. It is further stated that there shall be no retaliatory discrimination against those who file complaints against the City or because a person may have protested an alleged discriminatory practice and/or testified or participated in a discrimination investigation.

The City is in compliance with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990, as amended, and Title VII of the Civil Rights Act of 1964, to the end that no person in the United States shall, on the basis of proscribed grounds, be excluded from participation, be denied the benefits, or be otherwise subjected to discrimination under any program or activity in which the City receives Federal financial assistance. Further the City is in compliance with all state laws and regulations prohibiting harassment and discrimination.

The City Manager is responsible for the implementation of the Equal Opportunity Plan. The plan includes goals and a monitoring system to measure progress. An active effort will be made to recruit women, minorities and disabled individuals for all employment opportunities within the City.” Recommendations
Policies, practices and procedures should address nondiscrimination for members of the public and employees in regards to access to all programs, services and activities for individuals with disabilities and not be limited to employment.

A nondiscrimination notice should be included at program sites posted in conspicuous locations on a regular basis, in frequently used publications (public notices, brochures, pamphlets, and other documents), in new employee and volunteer packets, in contracts (for consultant services and facility use including requests for proposals/qualification), on applications, and on radio announcements.

Nondiscrimination statements should be posted on frequently used publications for the public.

A sample nondiscrimination notice should also be utilized. A notice, such as the following sample, could be utilized:
“The City of Modesto does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services or activities. The City does not discriminate on the basis of disability in its hiring or employment practices. Questions, concerns, complaints or requests for additional information regarding the Americans with Disabilities Act may be forwarded to the City’s ADA/504 Coordinator (provide contact information).”
Policies, practices and procedures for nondiscrimination should refer to members of the public, in addition to employees, and address nondiscrimination in regards to access to all programs, services and activities for individuals with disabilities and not be limited to employment. The City should consider adopting a general nondiscrimination policy for access to programs, services, activities, applicants and employees.

Statements of nondiscrimination should be included on selected publications, brochures describing programs, services and activities offered by the City, new employee materials, recruitment materials; publications and frequently used forms and documents.

Departments should be directed to include the statement in selected publications, documents and forms.

Contracts and vendors that provide printing and publication services should be notified of required statements, required font and required contrast for accessible publications.

The new employee orientation packet and volunteer information should include a statement of nondiscrimination by the City in regards to the public’s access to programs, services, activities, recruitment and employment.
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3.3 Accommodation to Accessibility
The ADA prohibits public entities from excluding persons with disabilities from programs, activities or services offered by the public entity. The law allows a public entity to use both structural and nonstructural methods to achieve accessibility to programs, services and activities (28 CFR §35.150(a) (1); (b) (1)).

Statements of accommodations should be available on public notices and agendas. The City is required to provide Title II information in alternative formats to ensure that that information is accessible to people with disabilities.

Findings
Currently, individuals requesting ADA Accommodations are mostly directed to contact the City’s ADA Coordinator. The City does not have an Americans with Disabilities Act Accessibility Request Form (ADA‐1) available on the City website that provides members of the public with a method to notify the ADA Coordinator of any problems or concerns. The form and its methodology also provides for an additional method of input regarding the current study of City programs, services and activities.

Most Agendas for the City Council, boards, commissions, and committees currently have an ADA accommodation statement, but does not list a TTY/TDD number. A sample of an ADA compliance statement from a City Council agenda is:
“In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.” Recommendations
The City should prepare an ADA Accessibility Request form (Form ADA‐1) and post it on their website. This form should be available using several methods and should be available in an alternate format. The ADA Coordinator should maintain records of requests, concern and comments and the status and method to resolve the concerns.

Information about how to request accommodations should appear on all public notices, announcements and agendas. Information should be disseminated to all departments and divisions regarding the statement for accommodations requirement.

The City should provide training for staff and volunteers regarding accommodations for individuals with disabilities. All staff, and in particular frontline staff such as receptionists and staff with high public contact, should receive training on interacting and accommodating individuals with disabilities.

Additional training materials and videos should be purchased or developed to assist with training efforts.

The City should plan and budget for selected accommodations, such as large print, cassettes, cd‐roms, Braille materials, etc.

Ensure that appropriate agendas, public postings and notices contain a statement of accommodations.

Another sample statement may include the following:
“Anyone who requires an auxiliary aid or service for effective communication or to participate in programs and services of the City are invited to contact the ADA/504 Coordinator as soon as possible but no later than 48 hours before the scheduled event. This notice is available in accessible alternate formats from the ADA Coordinator.”

3.4 Grievance Complaint Procedures
A public entity that employs 50 or more people must adopt and publish grievance procedures which provide for the prompt and equitable resolution of complaints alleging any action that would be prohibited by the ADA (28 CFR §35.107(b)).
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Findings
The City’s website directs complaints regarding access to the City’s programs, services, and activities can be directed to the ADA/504 Coordinator. The website also publishes the policy on harassment and discrimination that addresses discrimination in a broader manner including individuals with disabilities.

There should be specific information on the process to file a grievance in compliance with Title II of the ADA.

Recommendations
The City must develop grievance procedures in compliance with the ADA. The grievance procedures should be available in accessible alternate formats and provide an alternative contact other than the ADA/504 Coordinator
The City should make efforts to inform staff and the public of the existence of the grievance procedures, including steps for handling grievances and policies for remediation of grievances. This effort may include making the grievance procedures available in new employee orientation packet and at all City buildings and in all departments
The City should develop a method to collect data and centralize complaints to track complaint resolution. A centralized database and analysis of complaints may also assist with developing profiles to assist with quality control, budgeting, and training considerations. Centralized record keeping will help update compliance efforts.

3.5 Nondiscrimination Provisions
A. General Nondiscrimination
A qualified individual with a disability may not be excluded from participation or denied the benefits of the program, services, or activities of a public entity or be subject to discrimination by a public entity (28 CFR §35.130(a)).

Findings
City programs, services and activities were reviewed by the City and none were found to be discriminatory.

Public input was sought regarding access to programs, services and activities as described in the Public Outreach section.

Recommendations
The City should continue to provide programs, services and activities that include individuals with disabilities.

The ADA/504 Coordinator should continue to monitor programmatic access.

Additional and ongoing training should be provided regarding the requirements of the Americans with Disabilities Act and accommodations that provide equal access to programs, services and activities.

Meetings and events open to the public should be held in buildings that meet accessibility requirements, or in the accessible portion of the building with accessible elements that serve the area where the meeting or event is held. For example, parking, restrooms and drinking fountains that serve the area where the meeting and event is held should also be accessible.

Information regarding the facility should include information regarding accessible features and elements of the site. For example, accessible parking, accessible restrooms and other items and elements should be indicated on documents and on the website. Indicating accessible paths of travel and accessible entrances also provides valuable information for individuals with disabilities. A contact number and email address should be provided for additional assistance.

B. Fees and Surcharges
Public entities may not charge a fee or add a surcharge to a fee to cover the cost of making its facilities, programs, services or activities accessible to persons with disabilities. (28 CFR §35.130(f)). #15..
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Findings
There was no evidence of fees charged to individuals with disabilities that were not charged to individuals without disabilities to access programs, services and activities.

Recommendations
The ADA/504 Coordinator should continue to randomly review policies and practices to ensure that fees and surcharges are not charged to individuals with disabilities that are not charged to individuals without disabilities.

C. City Policies
A public entity may not adopt policies that are discriminatory or engage in practices that are discriminatory.

This prohibition applies to policies that are explicitly exclusionary and to those which appear to be neutral but have a discriminatory effect (28 CFR §35.130(b) (3)).

Findings
City policies, procedures and practices were reviewed by the City and none were found to be discriminatory. Public input was sought regarding adopted policies, procedures and practices as described in 2.0 Public Outreach Section.

Recommendations
The ADA Coordinator should continue to monitor the city’s policies, procedures and practices and take the appropriate action regarding any potential discrimination against persons with disabilities.

D. Eligibility Criteria
Public entities cannot use eligibility criteria that tend to exclude or screen out persons with disabilities from any programs, services, or activities (28 CFR §35.130(b) (8)).

Findings
No discriminatory practices were noted regarding eligibility criteria for program access.

Recommendations
Program eligibility criteria should be reviewed as they are drafted or modified to ensure that eligibility criteria do not put additional burdens or requirements on individuals with disabilities.

The City should continue to ensure that all eligibility criteria allow for accommodations for individuals with disabilities.

E. Outreach Materials and Activities
The ADA does not specifically state how a public entity provides for accessibility to the City’s programs, services and activities. One method is to disseminate information in a variety of locations and formats to enhance the access to programs, services and activities of the City.

Findings
No specific outreach activities were noted regarding providing activities and materials for individuals with disabilities.

Recommendations
The City should consider including additional pictures and references to individuals with disabilities in publications, brochures and materials.

Organizations representing individuals with disabilities and areas with an increased population of individuals with disabilities could be targeted for input regarding additional methods to disseminate information regarding programs, services and activities of the city.

In City publications, areas or services that are accessible should be indicated with descriptive text and the International Symbol of Accessibility.
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F. Selection of Contractors
Public entities cannot use contract procurement criteria that discriminate against persons with disabilities (28 CFR 35.130(b) (5)). Contractors should be held to the same nondiscrimination rules that apply to City employees.

Findings
No discriminatory or exclusionary practices were evident in the selection of contractors and contracted services.

Recommendations
The City should continue to monitor use of standard agreements and leases by all City departments.

It is recommended that the City consider one or more of these avenues to maintain compliance when contracting for services or when leasing facilities:
• Include ADA compliance requirements in new requests for proposals. • Review ADA requirements when contracts or leases are negotiated, revised or renewed

3.6 Communication
Public entities must ensure that applicants, participants and members of the public with disabilities have communication access that is equally effective as that provided to persons without disabilities (28 CFR §35.160(a)).

A. Auxiliary Aids and Services (Alternative Format)
Findings
The City does have selected auxiliary aids and services, alternative format, available to persons with disabilities.

Recommendations
The City should provide training to employees and volunteers and information regarding auxiliary aids and alternative formats to provide effective communication.

The City’s policy directives should require equally effective communications for programs, services and activities provided for the public.

The City should consider a method to centralize information services or printing, that would provide documents and materials in alternative accessible formats. The centralized approach to developing and maintaining alternate accessible formats may be more cost effective and timely.

The City should produce accessible alternative formats for high use areas where the probability for a request for an alternative format is high. Examples include provision of audiocassettes, large print, information that sent via e‐mail, screen readers, Braille, and pictograms.

Public meeting broadcasts should be captioned and interpreters made available when requested.

The City should consider contracting out selected services to organizations that can develop Braille documents for brochures, pamphlets, applications, documents and other public information written in text.

The City could purchase a portable indoor‐outdoor assistive listening system that could be checked out from the ADA Coordinator on an as‐needed basis. Information should be sent to departments regarding the availability of assistive listening systems.

B. Interpreter Services
Findings
Interpreter services are generally handled individually by departments. A City‐wide contract for interpreters for departments to select or request interpreter services was not available at the time of the study. #15..
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Recommendations
The City should consider a City‐wide contract for interpreter services that departments could utilize as needed. A City‐wide contract may afford the individual department quicker access to qualified interpreters at a lower cost. Another option is to determine if there is qualified staff that could provide the interpreter service. This option would require staff to be tested and to receive proper benefit for the service.

Interpreters should be provided as determined through the request for accommodation process or in circumstances where an interpreter is known to be required.

The City must ensure that those individuals utilizing a language other than English and are deaf, are also provided interpreter services that specialize in signing for that language.

C. Telecommunications Devices
Findings
The City uses the California Relay Service and online communication for individuals with auditory disabilities. The City’s website refers to the California Relay Service for teletypewriter (TTY) use.

Recommendations
All staff responsible for responding to incoming telephone calls should be trained in the proper use and protocol of California Relay Service TTY and online service. Information and training should be provided on an ongoing basis.

Publication of the California Relay Service TTY number should be provided in program literature, in phone directories and on selected publications.

D. Website
Findings
The City updated its website in 2016 compliant with website accessibility requirements. Information regarding City program, services and activities will be readily available on the website.

Recommendations
The City should continue to monitor its website accessibility.

3.7 Public Information and Notification
A. Online Information and Services
Findings
The accessibility of City of Modesto information, meetings, agendas and minutes is significantly enhanced due to the online availability of documents and videos of meetings that are archived. The video archives of meetings provide a significant step to improve accessibility of actual meetings in addition to other methods of providing information to members of the public.

Recommendations
Public notices regarding meetings and other methods for input should have a statement of accommodations that includes who to contact for an accommodation. A TTY/TDD number should also be included. Meetings and videos should be captioned. The methods for submitting information should also be expanded or clarified to include online input, appearing in person, and written comments.

B. Display of Publications
Findings
Most publications, brochures, and documents were displayed in departments and areas that were accessible for individuals with disabilities.

Recommendations
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Provide information to departments regarding the placement of brochures, pamphlets and information in accessible locations and in accessible containers or displays for individuals with disabilities. Requirements for reach ranges and clear floor space to access publications would be helpful.

Counters and areas that are lowered or raised for access by individuals with disabilities should be maintained and kept clear of display and work items. Displays should also allow for retrieval of the information without utilizing a tight pinching or grasping motion and be within a compliant reach range.

3.8 Staff Education
A. Staff Training
Select City of Modesto staff have been training to conduct surveys of the City’s public rights-of-way, with a focus on curb ramps, to assess compliance of the City’s sidewalks. The City staff have been using DACTrak to conduct the surveys and update the transition plan to indicate a scheduled for barrier removal of noncompliant items.

On‐going compliance with the ADA can only be achieved if City staff and officials receive ongoing and updated training about the rights of persons with disabilities and the obligations of public employees under the ADA. Although training is not required by the ADA, training regarding the requirements of the ADA is recommended.

Findings
There was some training and education of City staff about the requirements of the ADA during process of updating this document.

Recommendations
The City should provide ongoing training regarding the ADA, related civil rights legislation and requirements for facilities, public rights‐of‐way and outdoor recreation standards. Suggested training topics of which some have been previously discussed include, but are not limited to:
 Requirements of the ADA for the City
 Individuals with Disabilities
 Acceptable Terminology and Expressions
 Noncompliance Consequences
 Accessible vs. Compliant
 Barriers – Programmatic or Physical
 Providing Services for Individuals with Disabilities
 Leased Sites
 Special Events
 Accessible Locations for Meetings
 Events & Voting
 Auxiliary Aids and Services
 Construction & Remodeling
 Community Donations and Construction Projects
 City Responsibilities
 Notice of the ADA Coordinator
 Notice and Rights Posted for individuals with disabilities  TDD/TTY
 Assistive Listening
 Grievance Complaint Procedures
 Statement of Accommodations
 Individuals with Disabilities Participation
 Use of City Facilities By Organizations and Individuals  Reasonable Accommodations
 Statement of Accommodations
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 Effective Communication
 Alternate and Accessible Formats
 Accessible Websites
The City should provide staff training in additional formats other than a classroom session, if needed.

Training methodologies could include videos (captioned) that could be viewed at the training or checked out by departments and agencies.

Additional training videos should be purchased and maintained for checkout, or borrowed from a variety of agencies, such as the Department of Rehabilitation.

Handouts and training materials should be prepared, if needed, in alternate accessible formats.

The ADA/504 Coordinator should continue to provide or coordinate additional ADA training to all management and staff who have regular contact with the public.

B. New Employee and Volunteer Orientation
Findings
Currently, new employee and volunteer information did not contain information regarding nondiscriminatory practices and information regarding accommodations. In the past, the employee’s handbook was provided in new employee information packets which included basic statements of nondiscrimination.

Recommendations
The City should add information as to the identity, title, address, phone number and e‐mail address of the ADA/504 Coordinator to new employee orientation and volunteer information.

The City should develop training materials and videos for new employees and volunteers regarding information and requirements of Title I and Title II of the ADA. Materials could also be offered on providing accommodations for individuals with disabilities.

3.9 Emergency Evacuation Procedures
The City is required to plan to meet the needs of persons with disabilities in an emergency and provide access to emergency shelter services.

Findings
The City has prepared several plans that address emergency situations. These include Emergency Operations Plan, Hazard Mitigation Plan, and Airport Emergency Plan. Evacuation shelters are identified generally at school sites. Tenth Street Place has a policy manual that includes an evacuation plan requiring evacuation drills and posting evacuation routes. These emergency plans or general information about emergency matters are not provided on the City’s website.

Recommendations
The City should provide some of these emergency plans on the City’s website The City should provide additional training and information regarding emergency evacuation procedures, particularly with regard to the evacuation of persons with disabilities.

The City should make sure that evacuation routes and procedures are posted at all City sites in accordance with ADA regulations. Procedures and monitoring mechanisms should be developed for the emergency posting practices.

The City should consider the development of a voluntary registry for individuals that may need additional assistance.

Designated evacuation shelters under City ownership should be surveyed to determine that they are accessible for individuals with disabilities. Noncompliant findings for designated shelters will be provided in the City of Modesto ADA Transition/Barrier Removal Plan. The City should communicate with the property #15..
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owners of evacuation shelters that are not owned by the City to determine the accessibility for persons with disability.

3.10 Implementation Policies
A. Planning and Budgeting
There is not a specific requirement in the ADA for planning and budgeting for barrier removal. There is a requirement for public entities to incorporate a projected schedule for barrier removal into the Transition Plan. A City that is budgeting or seeking funds to use for ADA barrier removal and to improve access to programs, services and activities shows intent to implement the Transition Plan.

Findings
The City is incorporating the removal of barriers to accessibility on an ongoing basis and plans to remove additional barriers to City programs, services and activities.

Recommendations
The City should develop a method to maintain an ongoing barrier removal implementation plan and document the City’s progress, initiatives, and funds expended.

City should consider contracting for an independent review of plans, remodeling efforts, and new construction for accessibility requirements for the Americans with Disabilities Act Standards (ADA) and Title 24 of the California Building Code. It is important and required that the accessibility barrier removal efforts meet federal and state accessibility codes.

The ADA Coordinator, or designated staff, should be empowered with the authority to make recommendations and monitor the current City ADA Self‐Evaluation and Transition Plan.

In addition to the removal of structural barriers, departments should consider budgeting for accessibility items, especially in the area of communication, such as TTY/TDD’s and alternate formats.

B. Maintenance
The ADA requires (35.133) public entities to maintain their accessible features and elements.

Findings
No formal policies or procedures to remove barriers and maintain accessible features were found. There are some examples where the City has removed barriers. The city upgraded the Senior Center and made the restroom ADA compliant. The City has a practice of installing new curb ramps with new street improvement projects and based on complaints from the public. There is also a practice of correcting sidewalks using a combination of grinding, asphalt ramps, and replacing with new concrete sidewalks.

Recommendations
The City should consider developing procedures or policies to remove barriers and maintain accessible features that require general maintenance. A few examples include re‐striping of parking, vegetation or items that interfere with sidewalks, elevators and paths of travel.

4.0 SELF-EVALUATION – Buildings, Facilities, and Streets This section of the Self-Evaluation reviews the buildings, facilities, and streets to determine physical accessibility to programs, services, and activities. It also includes recommendations for barrier removal and accessibility improvements implementation.

Noncompliant findings regarding physical barriers that may deny access for persons with disabilities are documented in the Transition Plan that is detailed in the DACTrak Accessibility Management Program.

Transition/Barrier Removal Plan
The term “transition plan” comes from the terminology in the 1990 Americans with Disabilities Act (ADA) that describes how public entities would be “transitioning” into compliance during the timelines of 1992 to 1995. The term barrier removal plan is used in addition to the term transition plan, as public entities are no longer transitioning into compliance during the three years set aside in the law. The transition/barrier #15..
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removal plan identifies the noncompliant barrier that may deny access to goods and services, the proposed method to remove the barrier, the identity of the responsible person to oversee the implementation of the plan and the projected schedule for barrier removal of “structural” barrier. The self-evaluation, on the other hand focuses on programmatic barriers that may deny access to programs services and activities. The two plans work congruently to remove the structural and programmatic barriers.

Public entities, such as the City of Modesto, are required to provide access to City programs, services and activities for the recipients of services. Thus, the City must provide access for individuals with disabilities and document areas of noncompliance. Documentation is incorporated into the plan as barriers are removed. Plans are updated, for example, as the City acquires additional properties, remodels facilities or removes properties from its inventory list.

Buildings and Facilities
Findings
The City demonstrated its ongoing commitment to enhance its accessibility to City programs, services and activities by updating the Americans with Disabilities Act (ADA) Self‐Evaluation and Transition Plan. This effort includes inspecting City buildings, facilities and transit stops for ADA compliance. The following facilities were inspected:
 Facilities and Parks
 10th Street Parking Garage
 11th Street Parking Garage
 9th Street Parking Garage
 American Legion Hall
 Amtrak Station
 ARFF Station 8
 Beyer Community Park
 Boy Scout Club House
 Brewers Rose Park
 Catherine Everett Park
 Cesar E. Chavez Park
 Codoni
 Coffee-Claratina Park
 Colman F. Brown Park
 Corporation Yard
 Creekside Golf Course
 Creekwood Park
 Davis Community Park
 Downey Community Park
 Dry Creek Regional Park
 Dryden Park Golf Course
 East La Loma Park
 Enslen Park
 Graceada Park
 James Marshall Center
 James Marshall Park
 Jennings Treatment Plant
 John Muir Park
 John Thurman Ball Park
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 Kewin Park
 King Kennedy Center
 Lakewood Park
 Maddux Center
 Mancini Bowl & Pool
 Mark Twain Park
 Mcclatchy Square & Rose Garden
 Mchenry Mansion
 Mchenry Museum
 Mellis Park
 Modesto Centre Plaza
 Modesto City Airport
 Modesto Municipal Golf Course
 Orchard Park
 Parking Lot - 10th & H
 Parking Lot - 9th & I
 Parking Lot - 9th between I & J
 Pilots Lounge
 Police Administration
 Property And Evidence
 Range
 Senior Center
 Sutter Admin Building
 Sutter Treatment Plant
 Tenth Street Place
 Transportation Center
 Virginia Corridor Trailway
 Transit Stops, Benches and Shelters
 799 transit stops were inspected including benches and shelters.

The findings and recommendations for the bus stops and 56 City buildings and facilities inspected are contained in the DACTrak Accessibility Management Software. The DACTrak software program provides the City with a tool to update its plan, document progress, estimate costs and schedule barrier removal. A complete inventory of the findings, recommendations and barrier removal schedule can be found on file with the City of Modesto.

The parks and other recreation buildings and facilities that have been surveyed were identified as priority sites. There are some parks and miscellaneous buildings and facilities that have not been surveyed. The City is committed to completing the surveys.

Recommendations
The City should develop a plan to complete the inspection of the remaining buildings and facilities. See Transition Plan section for implementation of barrier removal.

The City should develop methods and procedures to budget funds, schedule, implement, document, and monitor barrier removal activities.

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Funds should be allocated for removal of ADA and Title 24 barriers to accessibility. The City should add projected dates for barrier removal over multiple fiscal years.

Streets
Findings
There are approximately 610 centerline miles of street to maintain by the City of Modesto. This equates to about 1,220 miles of sidewalk in the City along with the thousands of curb ramps located mostly at the street intersections.

In 2016, the City surveyed approximately 1,500 curb ramps within the street right-of-ways focusing on Arterial and Collector streets as well as streets in downtown. The survey information is provided in a spreadsheet that provides curb ramp status, compliance requirements, priorities, and cost estimates. A complete inventory of the findings, recommendations, and barrier removal schedule for the ramps that have been surveyed can be found on file with the City of Modesto. The City is committed to completing the surveys for the remaining ramps and sidewalks.

Curb ramp surveys have been conducted along the following streets:

CURB RAMP SURVEYS CONDUCTED ALONG THE FOLLOWING STREETS Arterial Street Collector Street Residential Street
9th St 14th St 1st St
B St Bodem Ave 5th St
Carpenter Rd Burney St 6th St
Claus Rd Carver Rd 7th St
Coffee Rd Conant Ave 10th St
College Ave Eastridge Dr 11th St
Downey Ave I St 12th St
El Vista Ave J St 13th St
G Street La Loma Ave 17th St
H St Laramie Dr 19th St
Lakewood Ave Lillian Dr Blackwood Pl
Needham St Rose Ave Deerfield Pl
Oakdale Rd S Washington St Freeport Way
Paradise Rd Sierra Dr Kings Point Dr
Prescott Rd Sonoma Ave Marlboro Pl
Prescott/Bangs SW Sunrise Ave Middleboro Pl
Roselle Ave Virginia Ave N Washington St
Scenic Dr Portsmouth Ln
Tully Rd Providence Way
Revere Ln
Sharnee Cir
Springfield Ct
Surrey Ave
Westbury Ln
Wycliffe Dr
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Recommendations
The City should develop a plan to complete the inspection of the remaining curb ramps and sidewalks. See Transition Plan section for priority and implementation of barrier removal.

The City should develop methods and procedures to budget funds, schedule, implement, document, and monitor barrier removal activities.

The City should develop training and internal oversight procedures and methods to monitor new construction to verify that the work completed is compliant with accessibility standards.

Funds should be allocated for removal of ADA and Title 24 barriers to accessibility. The City should add projected dates for barrier removal over multiple fiscal years.

5.0 TRANSITION PLAN
The Transition Plan provides for the removal of the physical barriers. The Self-Evaluation includes the surveys of buildings, facilities, and streets that identify the physical barriers. The surveys also provide a method and schedule for barrier removal. The ADA Coordinator is responsible for the implementation of the Transition Plan with help from other staff members.

Costs
The estimated cost to remove barriers for all the bus stops and the 56 buildings and facilities that have been surveyed is $6,722,043. The estimated cost to make the 1,468 curb ramps that have been surveyed is $8,833,523.

Funding
City staff requested $500,000 in the 2017-18 fiscal years from the general fund to assist implementing the ADA Plan. The City Council approved $50,000 for ADA work. A lesser amount was approved due to limited general funds and other higher priorities especially improving public safety.

The City can pursue other funding sources from the federal, state, and local levels to address barriers for curb ramps and sidewalks. Some of these funding sources are focused on street improvements that require curb ramps and sidewalks to be compliant to ADA standards. In these cases, while the priority is not curb ramp and sidewalk ADA compliance, these funding sources provide the opportunity to make significant corrections. Examples include the following:
 Congestion Management Air Quality Program
 Highway Safety Improvement Program
 Local Transportation Funds
 Measure L Funds
 Safe Route to School
 Surface Transportation Program
 Community Development Block Grant
Some funding is available to renovate existing buildings and facilities where ADA compliance will also be addressed. These funding sources are used for parks and recreation facilities. Examples are as follows:
 Housing Related Parks Program
 Urban Stream Restoration Grant
 Land and Water Conservation Fund
Priority Levels
Priority levels have been established to assist in determining the implementation schedule for removal of identified accessibility barriers and completing the surveys of curb ramps and sidewalks.

Buildings and Facilities - Barrier Removal
Many factors must be considered when establishing priority levels for removal of identified accessibility barriers at City owned buildings and facilities. Some of the factors for assigning priorities include, but are #15..
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not limited to: complaints regarding accessibility, risk management issues, litigation, funding, scheduled improvement projects such as remodeling and renovations, scheduled new projects, level of deviation, and prevalence of use by the public and persons with disabilities. In general, when no additional factors are readily identified, the following table establishes priority levels and timing for barrier removal of deficiencies noted at City owned facilities.

PRIORITY LEVELS FOR BUILDINGS AND FACILITIES BARRIER REMOVAL Priority
Level
Noncompliant Finding Possible reason for Application of Priority Level Projected Completion Date
1 Possible safety or hazard  Current accessibility complaint  Injury due to item or element
 Tripping hazard
 Safety hazard, such as sharp corner
 Protruding object or object in the path of travel
By 2021
2 Easy or inexpensive to
correct; needed to
access program service
or activity
 Door pressures
 Trash cans, shrubbery, etc. encroaching path of travel  Faded ISA; incomplete striping
 Missing or vandalized sign; minor corrections to sign  Removing door stops
 Wrap supply lines
 Striping stairs (small amount needed for correction)
 Coat hook – remove, adjust or replace
 Contact vendor to replace or repair
By 2026
3 Items may be completed
by staff; minimal
expense
 Signage
 Striping in parking lots to correct width and length
 Striping crosswalks
 Striping on stairs (large amount needed for
correction)
 Relocate, add or replace grab bars, dispensers,
mirrors, thresholds (no complications)
 Replace door handles
4 More expense and some
design may be required
 Relocate, add or replace grab bars, dispensers,
mirrors (complications require more work but not
extensive remodel per priority 6)
 Thresholds (complications such as floor level must be corrected)
 Handrails and handrail extensions
By 2031
5 Expensive; may need to
be incorporated into
other projects; may
impact use of building
during remodeling or
construction
 Curb ramps
 Sidewalks
 Drinking fountains
 Ramps
 Slopes in parking areas or paths of travel
6 Requires design and
significant expense; plan
checks and approvals;
permits; may impact use
of building
 Items needing design
 Restroom remodels
 Latch side clearance
 Clear floor space
 Ramps with switch-backs
 Audible visual alarm system
 Other extensive remodeling or renovation
By 2031 or longer.
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PRIORITY LEVELS FOR BUILDINGS AND FACILITIES BARRIER REMOVAL 7 Noncompliant item to be
removed or will no
longer be a barrier; will
have minimal benefit
 Employee only area, low level of public use
 To be demolished, removed or relocated
 No plan for remove barrier; may be removed in the
future; needs further discussion
 Will no longer be used
 Leased site; not owned, site maintained by others
 Code is expected to change for this item and would
be compliant with new codes
 Minor deviation from code
 Lack of right-of-way requiring land acquisition
After 2031 or
longer
Streets - Barrier Removal
Section 35.150(d) of the 2010 ADA Title II Regulations sets the priority standards for the replacement of curb ramps or other sloped areas where pedestrian walks cross curbs. The priority levels and criteria to assist in the curb ramp and sidewalk barrier removal program are provided in the following table:

PRIORITY LEVELS FOR CURB RAMP AND SIDEWALK BARRIER REMOVAL Priority
Level
Criteria to Determine Priority Level Projected Completion Date
1  Serving government buildings and facilities
 Located on Arterial or Collector Street
 Hazardous condition
 Current accessibility complaint
 Funding is available
 Major deviation from code
 High level of public use
By 2022
Within 5 years
2  Serving bus stops and other transportation services  Located on Arterial or Collector Street
 Funding is uncertain
 Moderate deviation from code
 Moderate level of public use
By 2027
Within 10 years
3  Serving places of public accommodations and business districts  Funding is not available
 Minor deviation from code
 Low level of public use
By 2032
Within 15 years
4  Serving residential areas
 Funding is not available
 Minor deviation from code
 Low level of public use
After 2032
The list of criteria within each priority level should be considered to determine the priority level. The priority determination would typically identify multiple criteria within a priority level. However, a single criteria identified could be sufficient to determine the priority level. For instance, a hazardous condition could be identified as a Priority Level 1 even if the other criteria listed under Priority Level 1 do not apply.

The priority evaluation would also need to consider situations where criteria from multiple priority levels apply. An example would be a curb ramp with an accessibility complaint, a Priority Level 1 criteria, located in a residential area, a Priority Level 4 criteria, could end up as any priority level. In this case, other criteria would have to be considered such as hazardous condition, level of public use, level of deviation from the code, and funding availability.
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Streets - Surveys
Priority policy to complete the surveying of curb ramp and sidewalk is provided in the following table:

PRIORITY LEVELS FOR CURB RAMP AND SIDEWALK SURVEYS
Priority
Level
Criteria to Determine Priority Level Projected
Completion Date
1 • Arterial streets as classified in the City General Plan. • Connecting any roadway segments serving government and public serving buildings and facilities including but not limited to: City- and County-owned facilities; public schools including the Junior College; hospitals, health centers, and clinics (public/private); public housing and shelters; bus lines; and parks.

By 2020
Within 3 years
2 • Collector streets as classified in the City General Plan. • Connecting any roadway segments serving public accommodations including but not limited to: shopping malls, supermarkets, and strip retail centers; major employment sites; and large housing complexes.

By 2023
Within 6 years
3 • Single-family residential areas.
• Other areas not classified as Priority Level 1 or 2.

After 2023
Schedule
Because the City has a large number of buildings, facilities, curb ramps, and sidewalks to address, it is impossible to remove all barriers to program access in a few years. Barriers throughout the City will have to be removed systematically, city-wide, to ensure equality among City programs. The survey inventory provided on file with the City of Modesto includes a schedule to remove barriers based on the Priority Level system provided in Section 5. Identifying the priority level and schedule to remove barriers for Tenth Street Place has not been completed because it is under the authority of a City of Modesto and County of Stanislaus Joint Powers Agreement. The evaluation of the priorities and dates of corrections is planned to be completed by December 31, 2018.

The City reserves the right to modify barrier removal priorities in order to allow flexibility in accommodating community requests, petitions for reasonable modifications from persons with disabilities, changes in City programs, and funding constraints and opportunities. It is the goal of this Transition Plan to provide access to the programs, activities and services provided by the City. Interim measures will be explored and implemented in order to provide programmatic access to the public pending the implementation of physical barrier removal projects.

The City is committed to providing curb ramps at the northeast corner of Strivens Avenue and Brenner Way, southeast corner of Strivens Avenue and Brenner Way, and southwest corner of Rumble Road and Sisk Road in compliance with the Americans with Disabilities Act Accessibility Guidelines and Title 24 of the California Code of Regulations by April 14, 2018.

6.0 IMPLEMENTATION
The City has demonstrated an ongoing commitment to provide equal access to its programs, services and activities to maintain and enhance compliance with the requirements of the Americans with Disabilities Act.

The City continues to embrace a concept of full and equal access for all of the people it serves.

Implementation of the Self‐Evaluation and Transition Plan will continue to require planning, resources, staff training, interdepartmental coordination and collaboration throughout the organizational structure and the public. City will continue to prioritize and develop funding projections for implementation of this plan. #15..
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Appendix A - Public Notices and Postings
Public Notice and Posting
City of Modesto
The City of Modesto, in keeping with its ongoing efforts to serve all members of the community, is updating its Americans with Disabilities Act (ADA) transition plan and self-evaluation. The accessibility plan provides a comprehensive plan for access for individuals with disabilities to City buildings, sidewalks, programs, services, activities and events.

The City of Modesto is seeking input from stakeholders that include agencies, organizations and individuals with disabilities. As an agency, organization or individual, the value of stakeholder guidance will help to address and prioritize current and future needs. Users of City programs and facilities including patrons, community members, employees, and other interested individuals who would like to provide input are invited to complete a survey. A survey is also available for organizations and agencies that represent individuals with disabilities who wish to participate in the evaluation.

Your comments and opinions are important to us and will provide valuable information regarding how the City of Modesto can better serve individuals with disabilities. Surveys are available at on the City’s web site at www.modestogov.com/ada or from the City’s ADA Coordinator.

Paul Liu, ADA Coordinator
City of Modesto
City Hall
1010 10th Street
Modesto, CA 95354
[email protected]
Please return the completed survey by January 8, 2016.

Please contact Paul Liu, ADA Coordinator, if you have questions or comments or would like to request a survey in an alternate format. Information regarding the Americans with Disabilities Act can be obtained from the ADA Coordinator.

The City of Modesto complies with the Americans with Disabilities Act of 1990, Public Law 101-336, which prohibits discrimination on the basis of disability..
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CITY OF MODESTO ADA PUBLIC NOTICE
Notice of Compliance under the Americans with Disabilities Act: In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (“ADA”), the City of Modesto will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment
The City of Modesto does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA.

Effective Communication
The City of Modesto will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City of Modesto’s programs, services, and activities.

Modifications to Policies & Procedures
The City of Modesto will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City of Modesto offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Modesto, should contact the office of the ADA Coordinator as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City of Modesto to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaint Direction
Complaints that a program, service, or activity of the City of Modesto is not accessible to persons with disabilities should be directed to:

Paul Liu, ADA Coordinator
Email
City Hall
1010 10th Street
Modesto, CA 95354
Phone: 209-577-5282
California Relay Service: 711 (for TTY users)
No Surcharge
The City of Modesto will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
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City of Modesto
Organizational Survey
Americans with Disabilities Act
Survey for Organizations Representing Individuals with Disabilities City of Modesto
The City of Modesto is currently updating its Americans with Disabilities Act Self-Evaluation and Transition/Barrier Removal Plans. In order to enhance access to programs and services for individuals with disabilities, the City of Modesto is asking for your input.

Name of organization:

Address: _______________________________ Contact person: ______________________ _______________________________ Position: ________________________ Phone: _______________________________ Today’s date: _______________________ Name of person completing this form: ________________________________________________________ Name of the ADA/504 Coordinator(s) for your organization: _______________________________________ The following questions have been developed to determine how organizations and advocacy agencies perceive the City of Modesto’s ability to provide services and accommodations for individuals with disabilities and to ask for input regarding how programs, services and activities can be more accessible for individuals with disabilities.

1. What direct communications have you had with the City of Modesto to facilitate services and accommodations for individuals with disabilities?

2. Are there any specific complaints or problems regarding access for individuals with disabilities to any of the programs, services or activities provided by the City of Modesto?

3. What information or other resources can you supply to help educate or inform the City of Modesto about your organization and your services for individuals with disabilities?

5. What do you feel is the highest priority for the City of Modesto to improve accessibility for individuals with disabilities?
Please add any additional comments on the back of this survey or attach any additional documents.

Thank you for your input.

Please return this survey by January 8, 2016 to Paul Liu, ADA Coordinator, City of Modesto, 1010 10th Street, Modesto, CA 95354. Comments can also be made by calling (209) 577-5282, or by email at [email protected].

Surveys can also be returned to Disability Access Consultants, 2243 Feather River Boulevard, Oroville, CA 95965. Comments can also be emailed to [email protected], faxed to (530) 533-3001 or made by phone to (800) 743-7067.
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City of Modesto ADA Self-Evaluation and Transition Plan i
Americans with Disabilities Act (ADA) and Section 504
Self-Evaluation and Transition Plan Update
Updated Review for City of Modesto Programs, Services Activities, Facilities, Transit Stops and Public Right-of-Way
2021 Addendum
Americans with Disabilities Act (ADA) Title II
Section 504 of the Rehabilitation Act of 1973
1010 10th Street
Modesto, CA 95345
Update completed by:

Christina Alger
Director of Human Resources
City of Modesto
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City of Modesto ADA Self-Evaluation and Transition Plan Addendum Page | 2
1 INTRODUCTION
The City initiated a Self-evaluation and updated transition plan in 2017. This summary update is to address progress and ongoing activities, identify areas of responsibility, and outline future efforts to address barriers to access.

Designated ADA/504 Coordinator
Paul Liu was designated as the ADA/504 Coordinator for the City of Modesto from 2013 to June 2017. The Risk Manager was designated as the ADA/504 Coordinator in July 2017, and the address and contact information for the current coordinator is:

Jiles Smith II, Risk Manager
City of Modesto
1010 10th Street
Modesto, CA 95354
Phone: (209) 577-5446
Email: [email protected]
The process for filing a grievance can be located on the City of Modesto website. Grievances can be filing electronically by using the form on the website, submission through the GoModesto mobile application, or by calling or visiting the Risk Management division located on the second floor at the address above.

Requests for copies or information about the City of Modesto ADA/504 Self-evaluation and Transition Plan can be obtained from the ADA/504 Coordinator.

Self-Evaluation Format
The City continues to evaluate facilities, right-of-way’s, and other barriers to access. Findings and recommendations for potential physical barriers are found in the web based DACTrak software program.

DACTrak has photographs of barriers, GIS information, findings, recommendations, estimated costs and other information. Custom reports and transition plan information can be generated from DACTrak to monitor and track the implementation of the plan.
2 PROGRESS REPORT
The City continues to evaluate accessibility through a team comprised of multiple departments such as Traffic Engineering, Facilities Management, Transportation Engineering & Design, Human Resources, and Risk Management. Each team member accesses the DACTrak electronic records to manage progress in their respective areas of responsibility. The City provides ongoing notice of the identity of the City of Modesto ADA/504 Coordinator on its website and in frequently used publications or documents accessed by the general public and by recipients of programs, services and activities.

2.1 GRIEVANCE PROCESS
The City provides an ADA Accessibility Request form (Form ADA‐1) on our website. This form is available using several methods and is available in alternative formats, including using a mobile application, the ability to submit by phone or in person. The ADA Coordinator maintains records of requests, concern and comments and the status and method to resolve the concerns through the ACCELA platform.

Information about how to request accommodations appears on all public notices, announcements and agendas. Information is disseminated to all departments and divisions regarding the statement for accommodations requirement.

A grievance procedure has been developed and disseminated to employees. The full procedure includes an #15..
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City of Modesto ADA Self-Evaluation and Transition Plan Addendum Page | 3
appeal process for grievances not timely or appropriately resolved.

2.2 DATA MANAGEMENT
Each member of the team accesses the DACTrak Accessibility Management System to enter new projects and update completion of existing projects to include pictures, cost, and resources. Items from the 2017 evaluation have been reviewed and updated as necessary to ensure accurate and ongoing project management.

2.3 TEAM MEMBERS, RESPONSIBILITES, & CONTINUED EVALUATION Each member has created a process for continued evaluation to ensure sustained progress toward a full transition to accessibility. Streets and sidewalks are managed by Transportation Engineering & Design in the Community & Economic Development Department through ongoing engineering projects throughout the City.

Facilities are managed by Building Administration in the Public Works Department and Facilities Management in the Parks, Recreation, & Neighborhoods Department through their work order process. Traffic and parking are managed by Traffic Engineering & Operations in the Public Works Department through their work order process.

Each team assigns their team members to quadrants for ongoing evaluation of needs.

2.4 FUNDS AND PROGRESS
Since 2017, a total of $4,041,000 in funds have been allocated by Council to address ADA accessibility improvements with the most recent year at $1,704,000. Total ADA ramps constructed or replaced for the same time period were 333 across the City. As shown in the graphs below, progress has increased exponentially over the years since the 2017 assessment was completed, with the exception of a slowdown in 2019 due to COVID-19. #15..
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City of Modesto ADA Self-Evaluation and Transition Plan Addendum Page | 4
Completed and Incomplete tasks
The following attachments report completed work and work to be completed in the coming months and years. The attachments are as follows:
• Buildings Completed
• Parking Garages Completed
• Public Rights of Way Completed
• Public Works Facilities Completed
• Transit Stops, Benches, Shelters Completed
• Buildings Incomplete
• Parking Garages Incomplete
• Public Rights of Way Incomplete
• Public Works Facilities Incomplete
• Transit Stops, Benches, Shelters Incomplete
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1 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22

RULES OF PROCEDURE
OF THE

EQUITY COMMISSION
OF THE

CITY OF MODESTO

ARTICLE I

ORGANIZATION
Section 1.1 Establishment. The Affirmative Action Commission of the City of Modesto is established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987. Pursuant to Council Resolution No. 98-134 on March 3, 1998, the name of the Commission changed to Equal Opportunity/Disability Commission, to more accurately reflect the mission of the Commission. With the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209. As part of the compliance effort, the Commission retiled from the Affirmative Action Commission to Equal Opportunity and Disability Commission. In an effort to meet the needs of the community and workforce, the Commission has reviewed its mission. To better align with the goals of the City, the City Council retitled from the Equal Opportunity and Disability Commission to the Equity Commission.

ARTICLE II
DUTIES
Section 2.1 Duties. The duties of the Equity Commission are:

A. To advise the City Manager and the City Council in matters that relate to equity and inclusion, equal opportunity and disability related issues.

B. To formulate and recommend policy to the City Council and City Manger in matters that pertain to equity and inclusion, equal opportunity and disability related issues, to include workforce and services provided to the community.

C. To review the practices and procedures of the City of Modesto in all matters that relate to equity and inclusion, equal opportunity and disability, to include workforce and services provided to the community.

D. To monitor the Equal Employment Opportunity Plan which strives to obtain a City work force which reflects the labor force within the City and Stanislaus County.
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2 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
E. To continually review the accomplishments of the City of Modesto in meeting its equity and inclusion goals.

F. To be updated statistically on complaints and grievances in regard to equal employment opportunity, equity and inclusion, and disability submitted to the City of Modesto.

ARTICLE III

MEETINGS
Sections 3.1 Regular Meetings. A regular meeting of the Commission shall be held at 5:00 p.m. on the third Monday of each calendar month, except for January and February when meetings will be held on the fourth Monday due to observance of Martin Luther King Jr. Day and President's Day.

Section 3.2 Special Meetings. A special meeting may be called at any time by the Chair of the Commission or upon the written request of three (3) members of the Commission. Whenever a special meeting shall be called, written notice of such meeting shall be made in accordance with Section 3.6 hereof.

Section 3.3 Place of Meetings. Meetings shall be held at the location designated in the agenda for the meeting.

Section 3.4 Meetings to be Public. All meetings of the Commission shall be open to the public, except where closed sessions may be held by law and as deemed necessary by the Commission.

Section 3.5 Attendance. Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge its duties. If a member is absent from three (3) meetings of the Commission consecutively, without securing the permission of the Commission, expressed in its official minutes, the Commission may recommend the City Council request the resignation from the Commission of any such member. The Secretary shall report to the Commission when a Commissioner has accrued 4 (four) absences during the calendar year (January – December) for consideration of the Commission.

Section 3.6 Agenda. In order to facilitate the orderly conduct of the business of the Commission:

A. The secretary shall arrange a list of the matters to be considered by the Commission at its next meeting in accordance with the order of business.

The agenda and all other reports and other supplemental material shall be delivered (electronic, postal, or other means as needed to each member of the Commission prior to the Commission meeting at which they are to be considered as far as possible in advance of the meeting as time will permit.

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3 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
be posted in a place freely accessible to the public at least 72 hours prior to the meeting. Copies will also be mailed to each person or organization affected by an item on the agenda or requesting notice in writing, each local newspaper of general circulation, and radio or television stations requesting notice in writing.

B. Interested persons in the audience may make presentations to the Commission on agendized items and under the Oral Communication item.

Matters presented under this item cannot be discussed nor acted upon by the Commission at that meeting. Members of the Commission and staff may present items under Matters Too Late for the Agenda,

1. upon determination by a majority of the Commissioners present that an emergency exists; or

2. when the need to take action on the matter arose subsequent to the publishing of the agenda by a two-thirds vote of the Commission, or

3. if less than two-thirds of the members are present, by a unanimous vote of those present.

With the unanimous consent of the members of the Commission present at the meeting, matters may be taken up out of order.

C. The agenda shall specify the time and place of the meeting and a brief description of each item of business to be transacted.

D. The agenda shall be posted in public places as required by law.

Section 3.7 Order of Business. The order of business shall be:

A. Call to Order
B. Roll Call
Consideration of Absences
C. Introduction of Guests
D. Approval of Minutes
E. Oral Communications.

F. Reports
Committees
Staff
F. Unfinished Business.

G. New Business.

H. Written Communications.

I. Matters Too Late for the Agenda.

J. Adjournment.

Section 3.8 Reading the Minutes. Unless the reading of the minutes of the Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the secretary has previously furnished each member of the Commission with a copy thereof.
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4 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
Section 3.9 Method of Action. All decisions of the Commission shall be by motion.

Upon the request of any member, roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Commission is in order, the names of the members shall be called in alphabetical order except that the name of the presiding officer shall be called last. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action.

ARTICLE IV
QUORUM
Section 4.1 Quorum. A majority of the appointed members of the Commission shall constitute a quorum for the transaction of business, but fewer members than a quorum may adjourn from time to time.

If all members are absent from any meeting, the Secretary may declare the meeting adjourned to a stated time and place. If the Secretary does so, the Secretary shall cause a written notice of the adjournment to be given in the same manner as provided in Section 3.6.

ARTICLE V

ELECTED OFFICERS
Section 5.1 Chair and Vice Chair. The elected officers of the Commission shall be:

A Chair whose duties shall be to preside at all meetings and call special meetings; and
A Vice Chair, who shall, in the absence of the Chair, perform the duties of the Chair.

Section 5.2 Election of Officers. The Chair and Vice Chair of the Commission shall be elected annually at the regular meeting in January. Each officer is to hold office for no more than two terms consecutively.

Section 5.3 Interim Vacancies. If the Vice Chair of the Commission vacates that office prior to the end of his/her term, the Chair may appoint an interim Vice Chair for the remainder of the calendar year.

If the Chair of the Commission vacates that office prior to the end of his/her term, an interim Chair shall be elected by the Commission for the remainder of the calendar year.

ARTICLE VI

PROCEDURES, POWERS, DUTIES AND STAFF
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5 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
Section 6.1 Authority. The provisions of the Charter, Municipal Code, and Personnel Rules of the City of Modesto, and these Rules of Procedure pertaining to procedures, powers, duties and staff of the Commission shall prevail in the order stated.

Section 6.2 Secretary. The City shall appoint a staff representative to serve as the Commission’s Secretary. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, keep official records of the Commission, and perform such other duties as the Commission may require.

Section 6.3 Amendment of Rules of Procedure. These Rules of Procedure may be amended from time to time by motion adopted by an affirmative vote of a majority of the entire membership of the Commission.

ARTICLE VII

PARLIAMENTARY PROCEDURE
Section 7.1 Sturgis Standard Code of Parliamentary Procedure. Except as otherwise provided in these Rules of Procedure, all meetings of the Commission shall be conducted in accordance with the current edition of “Sturgis Standard Code of Parliamentary Procedure.”

ARTICLE VIII

COMMITTEES
Section 8.1 Standing Committees. The standing committees of the Commission shall be the Community Outreach Committee, Disability Awareness Committee, Fair Housing Committee. Each Committee will be composed of 3 to 5 members of the Commission appointed by the Chair to serve until the next annual meeting of the Commission. Members appointed to fill vacancies on Committees shall serve for the unexpired terms of the members they replace.

Section 8.2 Special Committees. There shall be such special committees as the Commission may establish from time to time. The members of such special committees shall be appointed by the Chair of the Commission and shall serve for terms established by the Commission.

Section 8.3 Ex Officio Committee Member. The Chair of the Commission shall serve as an ex officio member of all Commission committees.
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CITY OF MODESTO

COMMUNICATIONS PLAN
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CITY OF MODESTO COMMUNICATIONS PLAN | 1

TABLE OF CONTENTS
EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DISCOVERY REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Key Takeaways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Resident Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 COMMUNITY AND MEDIA RELATIONS – CORE FUNCTIONS . . . . . . . . . . . . . . . . . . . . 8 Role of Community and Media Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Office and Department Support Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Strategic Communication Planning Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 COMMUNICATION PRIORITIES FOR COMMUNITY AND MEDIA RELATIONS . . . . . . 11 Priority 1 – Lead Strategic Communication Efforts . . . . . . . . . . . . . . . . . . . . . . . . 12 Priority 2 – Create Opportunities for Effective Stakeholder Participation and Collaboration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Priority 3 – Provide Open and Timely Communication . . . . . . . . . . . . . . . . . . . . 14 Priority 4 – Reinforce Brand Identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Priority 5 – Ensure a Well-Informed City Workforce . . . . . . . . . . . . . . . . . . . . . . . . 17 Priority 6 – Provide Measurements of Progress and Success . . . . . . . . . . . . . . . 18 KEY PERFORMANCE INDICATORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 IMPLEMENTATION PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 COMMUNICATION TOOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ACKNOWLEDGMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 City of Modesto Brand Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Internal Communication Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Mini Communication Plan Template . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Media Flash Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Public Information Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Strategic Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Emergency Operations Plan
Public Alerting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Public Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 #15..
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CITY OF MODESTO COMMUNICATIONS PLAN | 2

EXECUTIVE SUMMARY

PLAN PURPOSE
The purpose of this Communications Plan (Plan) is to clearly define the messages, priorities, strategies, and tools the City of Modesto will use when communicating with the community. The Plan ensures the Modesto story is told effectively despite interference, and engagement between the City and the community is implemented in a timely and effective manner.

This Plan aligns with the strategic priorities of the Modesto City Council, furthering the City’s mission and enhancing community pride.

PLAN GOAL
The goal of the Communications Plan is to increase stakeholder engagement and community understanding of City services, initiatives, and resources, and to record measurable outcomes that inform future communication. Furthermore, this Plan will help guide the priorities of the City’s Community and Media Relations division each year.

FOUNDATIONAL MESSAGING
Communication efforts should consistently support the City’s vision, mission, and goals, as well as align with City Council priorities. The following are taken from the City of Modesto’s 5-Year Strategic Plan (2020-2025), approved in October 2019 by Resolution No. 2019-463.

VISION
Modesto is an inviting and safe community with thriving neighborhoods.

MISSION
We are committed to the delivery of exceptional public services and building partnerships that promote economic prosperity and engaged neighborhoods. #15..
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CITY OF MODESTO COMMUNICATIONS PLAN | 3

CITY COUNCIL PRIORITIES
Quality of Life Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto.

Economic Vitality Retain and attract residential, commercial, and industrial development to meet the community’s
needs today and for the next generation.

Governance & Service Delivery Build community trust in City government through responsive, transparent, and efficient service delivery.

STORYTELLING
The services delivered by every City department play a critical role in the lives of those in our community. We have a unique story to tell within each project and program the City oversees. The Community and Media Relations division helps to both create and sustain productive connections between City services and Modesto community members, businesses, and visitors to tell the City’s story, and listen to and share our community’s stories.

CITY MOTTO
The Modesto city motto has a rich history and is an expression of the community’s guiding principles. When appropriate, key messages should embody the city motto.

Water, Wealth, Contentment, Health
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CITY OF MODESTO COMMUNICATIONS PLAN | 4

BRAND ANCHORS
To guide our storytelling, the City of Modesto embraces seven “brand anchors” that were created based on an extensive community engagement project in 2009. Similar to the City motto, brand anchor messages represent the community and celebrate what makes Modesto unique, and should be considered when communicating with the public.

Agriculture & Industry: Modesto feeds the world with its bounty.

Our fertile environment yields hundreds of agricultural products and supports plentiful farmer’s markets and fruit stands. Leading agribusiness companies call Modesto home, as do their toptier professionals who are on the cutting edge of the worldwide agricultural industry.

Community: Modesto has an intense sense of community and pride. The fabric of our diverse community is woven together through concerts, parades, festivals, cultural celebrations, abounding volunteerism and numerous places of worship.

Location: Modesto is the heart of California. From Modesto’s central location, one can easily visit San Francisco, Yosemite, Lake Tahoe, or Santa Cruz in less than a three-hour car drive. Modesto’s convenient location is also ideal for commerce transportation, distribution and logistics, linking leading food and manufacturing companies to major markets.

Culture: Modesto is the cultural hub of the Central Valley. Dining and entertainment are at the heart of downtown Modesto’s vibrant scene. Catch a Broadway show, national entertainers, Minor League Baseball, major music festivals, white-linen dining, and the best shopping around. Modesto has it all.

Parks & Outdoors: Modesto boasts one of the best climates in the world. With two rivers running through the City, numerous parks, and miles of walking and bike trails, Modesto is a great place to stay active year-round. Our tree-lined streets are set against the backdrop of the glorious Sierra Nevada and coastal mountain ranges.
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CITY OF MODESTO COMMUNICATIONS PLAN | 5
Hometown Heroes: You can become anything in Modesto. From business visionaries Ernest and Julio Gallo to sports legends Royal Robbins, Suzy Powell and Erin Cafaro; from film leaders George Lucas and Jeremy Renner to stars such as Carol Channing and Timothy Olyphant, Modesto is the nurturing hometown for those who lead their industries and change the world.

Small Town Feel: Modesto is the big city where you know your neighbors by name. There is intense support for – and pride in – all things local. Modesto is a great place to raise a family with tightknit neighborhoods, block parties, and tree-lined streets. It’s the simplicity and innocence of coming-of-age in an all-American hometown that the award-winning film “American Graffiti” was based on.
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CITY OF MODESTO COMMUNICATIONS PLAN | 6
1 3
2 4
5 DISCOVERY REPORT

KEY TAKEAWAYS
6 Residents engage most when the City communicates
government topics as opposed to “fluff” or other
“feel good” stories.

The correct tools, policies, and procedures are in place, but an official city-wide communications plan is
needed to maximize communication effectiveness.

The commuting nature of Modesto residents means that
they have limited time, or interest, to pay attention to City news. 47% of the employed population commutes outside their community of residence.

Communicating in Spanish about official City business
is a new focus for Modesto; currently no policies and
procedures are in place to address this.

The City has an opportunity to partner with community
organizations to maximize its communication reach.

The City has an opportunity to utilize employee and
community “Ambassadors” to be the eyes, ears, and
voice of the community and expand the City’s
traditional communication reach.

The Discovery Report was completed by Slate Communications following research about the community and an audit of existing City communication practices and procedures.

This section provides a snapshot of the community and includes insights about how residents receive information and new communication opportunities for the City to explore. #15..
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CITY OF MODESTO COMMUNICATIONS PLAN | 7

RESIDENT OVERVIEW
Sources: U.S. Census Bureau, 2010 Census and City of Modesto Facts & Figures July 2018

35.5 MEDIAN
AGE
$51K
MEDIAN

HOUSEHOLD
INCOME
214,221

ETHNIC DIVERSITY PRIMARY LANGUAGES SPOKEN
18%

POSSESS A
BACHELOR’S DEGREE

OR HIGHER
39%

HOUSEHOLDS

WITH CHILDREN
UNDER 18
71%

HOUSEHOLDS

WITH FAMILIES
(2 OR MORE PEOPLE)
22%

HOUSEHOLDS

WITH ADULTS
OVER 65
55%

HOMEOWNERSHIP
RATE

POPULATION OF

MODESTO

ASIAN, BLACK/

AFRICAN-AMERICAN,

AMERICAN INDIAN,

PACIFIC ISLANDER
45%
WHITE
39%

HISPANIC
16%
OTHER
65%

ENGLISH
25%

SPANISH

INDO-EUROPEAN AND

ASIAN/PACIFIC ISLAND

LANGUAGES
10%
OTHER

BY THE NUMBERS
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CITY OF MODESTO COMMUNICATIONS PLAN | 8

ROLE OF COMMUNITY AND MEDIA RELATIONS
The role of the Community and Media Relations division is to establish, nurture, and sustain a high level of trust in Modesto’s City government among residents, businesses, visitors, and other key stakeholders. The City must maintain its organizational integrity and a positive brand reputation through its strategic communication efforts. Community and Media Relations staff is a primary conduit for sharing timely, accurate, important, and relevant information to the people the City serves. Below is an overview of the functions of the division and its communications process.

Strategic Communication
Planning Process
Implement City Council’s strategic planning goals and
guiding principles through thoughtful, essential, and effective communications. This form of communication is about telling the stories of Modesto services and how those services impact the community. By uncovering and sharing the human aspect of the City’s work, we illustrate how implied goals are translated into action for our residents and businesses.

Communications
Support for Offices and
Departments
As department leaders and City staff seek communications support for programs and projects, the Community and Media Relations division helps to ensure that projects, initiatives, and events are communicated through the lens of the
Modesto brand.

Public Engagement Communications staff works to develop and carry out successful strategies to engage the public in their local government through participation at events, through
digital platforms, and with City services.

Brand Management The Community and Media Relations division ensures the Modesto brand is being used consistently and brand messages are used appropriately and often in all communication efforts.

Emergency Communication This form of communication occurs unexpectedly and takes many forms. When a crisis occurs, the Community and Media Relations division will develop and position emergency
messages, correctly and effectively disseminate information, prepare department leaders and emergency responders, and manage media relations.

COMMUNITY AND MEDIA
RELATIONS – CORE FUNCTIONS
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CITY OF MODESTO COMMUNICATIONS PLAN | 9

COMMUNITY AND MEDIA RELATIONS

PROVIDE MEASUREMENTS

OF SUCCESS

COORDINATE

DISTRIBUTION
• Provide background
on project
• Outline project
objectives

DEPARTMENT COMMUNICATIONS

SUPPORT REQUEST
• Identify needs and
resources, including:

Timeline, budget, public
forum details, outreach,
history, support, logistics, and
assignment of responsibilities.

Create Deliverables
Determine Project Scope
& Required Resources
Develop Communications
Plan & Strategy
Advise on Implementation
and Integration of Council Goals
Gather Analytical Data
Report to Department
and Council
CMR = Community & Media Relations
TASK ASSIGNMENT & RESPONSIBILITIES:

Dept = Department
KEY
Deliverables to
Target Audiences
Meet 1-on-1 to
Discuss Project

OFFICE AND DEPARTMENT SUPPORT PROCESS
Use this chart to better understand how communication requests flow through the division and the responsibilities of each team member. Requesters should use the "Working with Community and Media Relations" contact form in the online Brand Guide. #15..
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CITY OF MODESTO COMMUNICATIONS PLAN | 10

STRATEGIC COMMUNICATION PLANNING PROCESS
To best support the City, Community and Media Relations utilizes this process to intake ideas, strategize key messages and create high-quality content in order to effectively communicate and engage the residents of Modesto.

DELIVERABLES TO TARGET AUDIENCE
Creates Strategic
Communication Plans
Provides Measurement
Coordinates with
Partners
Utilizes Communication
Channels

CITY COUNCIL
OR

CITY MANAGER

DEPARTMENTS COMMUNITY AND

MEDIA RELATIONS
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CITY OF MODESTO COMMUNICATIONS PLAN | 11

COMMUNICATION PRIORITIES

FOR COMMUNITY AND MEDIA RELATIONS
Community and Media Relations has the principal responsibility for supporting, guiding, and managing communications functions in the overall City organization.

This Communications Plan is based on the priorities below. Practical strategies and tactics to achieve our goals follow each priority. The result of this Plan is a more effective local government with broad community interaction, and greater community understanding of City goals and services.

PRIORITY #1: Lead Strategic Communication Efforts
Work directly with Council, staff, and partners to ensure communication and outreach efforts, objectives, and outcomes align with the strategic goals of the organization and promote community understanding.

PRIORITY #2: Create Opportunities for Effective Stakeholder Participation and Collaboration Encourage engagement through audience-appropriate, two-way communication and opportunities for constructive feedback.

PRIORITY #3: Provide Open and Timely Communication
Share accurate, non-biased information promptly through a variety of communication channels.

PRIORITY #4: Reinforce Brand Identity
Develop consistent messaging that builds and solidifies Modesto’s brand and tells the City’s story with one voice.

PRIORITY #5: Ensure a Well-Informed City Workforce
Keep City employees informed and involved in public engagement so they can assist in telling the Modesto story.

PRIORITY #6: Provide Measurements of Progress and Success Track metrics to evaluate communication efforts and effectiveness in order to guide future communications programs and projects.
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PRIORITY #1: Lead Strategic Communication Efforts
Work directly with Council, staff, and partners to ensure communication and outreach efforts, objectives, and outcomes align with the strategic goals of the organization and promote community understanding.

STRATEGIES
Create a better understanding of City Council goals and priorities. By clearly and consistently outlining the goals and vision for the City of Modesto, residents will have a better understanding of why and how public policy decisions are made and actions are implemented by the local government, and will trust that their suggestions and feedback is considered in policies, procedures, and programs.

Work directly with department directors and division leaders to ensure messaging and communication efforts support the City’s Strategic Plan and City Council priorities. Just as City projects and initiatives should align with Council’s priorities and tie into the City’s longrange planning initiatives, all communication efforts should also reflect and support City goals. This includes internal communication initiatives for employees, external communication to community members, and communication shared with partner organizations. This coordination ensures consistency, strengthens strategic message delivery, and enhances mutual understanding.

TACTICS

1. Quarterly Meetings
with Departments
Meet quarterly with each department to discuss the major issues and opportunities coming up in the next quarter and beyond, identify communication priorities and resources, and develop key messages and communication strategies.

2. Share Goals and
Vision on Website
The City’s website is the first place that residents go for information about Modesto, and it’s important to clearly outline the vision and central goals of the City on the site. This is a simple and effective way to show the guidelines that government officials refer to when making decisions and how they are working to shape Modesto for the future.

3. Integrate Vision,
Goals, and Strategies
into Communication
Efforts
The main vision, goals, and strategies of the City should be present in all forms of communication. By sharing these points with residents, the City can regularly articulate how services and actions are related and help achieve its goals.
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4. Standardize
Communication
Processes and
Procedures
To help ensure that a project or initiative is properly communicated, a solid communication process should be established. Through this process, standard communication steps can be outlined and then followed for each new messaging campaign. This may include sharing information on the City website, scheduling social media posts or in-person meetings, distributing information to the media and City staff, and creating custom graphics for the campaign.

The process will be adjusted based on the project goals and constraints, but a general approach will provide a framework for how communication tools can be used.

STRATEGIES
Use interactive communication approaches to maintain ongoing dialogue between constituents and City government. Provide opportunities for two-way communication whenever possible. It’s important to solicit feedback on how the City is doing and how it can best serve the community and its constituencies. Put tools in place that make it easier for residents to engage with their local government, gain a better understanding of City services, and achieve greater consensus for programs.

Expand outreach to audiences in targeted areas and special groups. The residents of Modesto are diverse and come from many cultural and socio-economic backgrounds. Use a variety of communication methods and leverage partnerships to reach a broader audience. Utilize the platforms the audience prefers to more effectively distribute information. #15..
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TACTICS

1. Community Polls and
Micro-Interactions
Separate from a large, formal survey, the City will offer smaller and more manageable opportunities for public input several times a year based on information the City Council and staff needs to fulfill the goals and policies of the strategic plan. It is a best practice only to ask questions about topics the City can truly influence, change, or resolve. When soliciting feedback, it is important to be conscious of how the input will be used. If the City asks for feedback on projects or programs, it is assumed by the participant that their feedback will be used in decision making. Thus, interactions should be focused on specific projects and initiatives.

2. External Advisory
Groups (either formal
or informal)
Establish general or issue-specific community advisory groups that can ensure the City is collaboratively marketing to reach Modesto’s diverse audience segments. This could include creating a more formal advisory group or intentionally engaging with external stakeholders when an opportunity arises that warrants their unique perspective and input.

3. Collaborate with
Education Institutions
Meet regularly with counterparts at the local county office of education, school districts, and colleges in order to share communication goals and initiatives.

PRIORITY #3: Provide Open and Timely Communication
Share accurate, non-biased information promptly through a variety of communication channels.

STRATEGIES
Provide information that is convenient, timely, and easily accessible for the target audience.

Modesto should be prompt in publishing information in a variety of channels appropriate for key audiences so that the public is informed as quickly as possible. Timely and effective distribution of relevant information will reinforce the City’s commitment to transparency and demonstrates that public feedback is highly valued.

Promote accurate, comprehensive local and regional media coverage. Building relationships between the City and local media is helpful to the community. By working with the media to establish greater trust, the City will have more influence over the accuracy of information that is communicated to the public and increase the likelihood of stories about Modesto receiving appropriate media coverage.
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TACTICS

1. Develop a Plan
for Multi-Lingual
Translation Services
Twenty-five percent of Modesto residents speak Spanish. The City will be missing a large segment of the public by communicating principally in English. Developing a plan for multi-lingual translation services will ensure the City doesn’t overlook important audience segments and is able to successfully reach Spanish-speaking residents more effectively. As Modesto’s demographics change over time, the City will monitor language needs and adjust accordingly.

2. Editorial Calendars Develop an annual editorial calendar and review and update monthly to strategically plan out social media, newsletter, news media, and website content. This will help ensure
communication campaigns are coordinated to reduce conflicts and resource bottlenecks, and allow the City to be strategic about communicating important projects, overarching stories, and timely topics. This may include monthly themes or annual areas of focus like Emergency Preparedness Month or the City’s 150th Anniversary.

3. Annual Financial
Reporting
Through the Citizen’s Budget Guide, the Comprehensive Annual Financial Report (CAFR), and the Popular Annual Financial Report (PAFR), the City helps facilitate resident learning about how government works and outlines the services provided by the City.

Annual reports highlight spending and explain current challenges.

These reports will be made more accessible when shared
electronically and through social media in small pieces using infographics. This will help expand the reach of the formal reports and educate community members about government operations and policies.

4. Columns, Editorial
and Paid Content
Opportunities
To have greater presence and ensure consistent messages, feature articles, guest columns, and/or editorial opportunities should be developed in coordination with the Community and Media Relations division. The City will work with local newspapers to provide regularly scheduled columns in which a City representative writes about pertinent City-related topics.
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PRIORITY #4: Reinforce Brand Identity
Develop consistent messaging that builds and solidifies Modesto’s brand and tells the City’s story with one voice.

STRATEGIES
Empower and train employees to use the City brand correctly in order to tell the City’s story with “one voice.” Employees can be empowered to help reinforce the City’s brand by incorporating personal stories in media interactions and online engagements, providing training on the City’s Style Guide, and offer suggestions on how to reinforce the City’s motto in everyday work. Every interaction a staff member has with the public is an opportunity to build brand awareness, whether it is through email, a phone call, or face-to-face interactions.

Implement effective strategies for increasing brand awareness through marketing and advertising. With the City’s diverse demographics, the most communication impact will come from using both traditional and innovative digital communication tools. Reinforce the notion that the City brand is not the logo, tagline, and motto in-and-of themselves; it’s our story, told in many ways over time.

TACTICS

1. Collaborate with
Community
Organizations to
Market the City for
Broader Awareness
Meet with social influencers and stakeholder groups to find common interests and collaborative ways to market the City of Modesto and highlight all the great things the community has to offer. Example partners could include: Modesto Chamber of Commerce, Stanislaus County, Convention and Visitors Bureau, Stanislaus Community Foundation, Opportunity Stanislaus, Downtown Modesto Partnership (DoMo), and non-profit and public agencies. Partnering with these types of groups can add communication channels for the City to reach a broader audience.

Reach out to industry or trade groups that reflect the Modesto market to align storytelling efforts.

2. City Messaging Establishing core messages about the community as well as City administration and departments, will support staff and Council efforts to help tell the Modesto story. When possible, tie City messages back to the seven brand anchors and City motto. #15..
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3. Employee
Ambassador
Program
Empower employee “storytellers” to be the eyes, ears, and voice of the organization and expand upon the City’s traditional communication reach. These employees serve as champions, helping to spread information about important topics, listening to community concerns and ideas, and reinforcing the City’s brand.

At least one employee from each department or division serves as an employee ambassador to support the City’s communication, messaging, and branding efforts. This group also assists in developing an editorial calendar.

4. Brand Education
for Employees
Train employees to utilize the City’s brand and style guide and online brand platform. At least annually and as-needed, offer training and education on the City’s brand, brand pillars, and importance of brand consistency.

PRIORITY #5: Ensure a Well-Informed City Workforce
Keep City employees informed and involved in public dialogue so they can assist in telling the Modesto story.

STRATEGIES
Provide employees with regular opportunities to learn about the issues, challenges, and decisions affecting both the City’s operations and the work environment. Communicate with employees on as many platforms as necessary so all employees receive consistent and timely messages. Provide relevant and accurate information to employees in the office and in the field.

Empower employees to be good representatives of the City. Activate such employee groups as the Employee Engagement Committee, employee “Storytellers” group, and management allhands committees to serve as liaisons among the employees and to the public. #15..
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TACTICS

1. Regular Employee
Information
Develop and distribute regular employee newsletters, email blasts, and messages from the City Manager and other executive team members.

2. Provide Employee
“Storyteller” Training
Every community meeting is an opportunity for City employees to be on the record representing the City, and thus an opportunity for news media and community networks to quote them. Training for employees will strengthen their professional skills while improving their effectiveness as representatives.

3. Develop Regular Faceto-Face Meetings with
Employee Groups
It’s important for City management to meet with employees in town halls, tailgates, awards events, and shift changes to strengthen familiarity and trust within the organization. At the same time, these are opportunities for employees to ask questions and get straight answers.

4. Celebrate Employee
Accomplishments
As teams and individuals accomplish significant milestones, we will provide opportunities for the workforce and the community to understand and appreciate these achievements.

PRIORITY #6: Provide Measurements of Progress and Success Track metrics to evaluate communication efforts and effectiveness in order to guide future communications programs and projects.

STRATEGIES
There are a variety of standard metrics, also known as key performance indicators, which will be used to track the success of the City’s communication techniques. The City will evaluate these metrics on a regular basis and compare them to previous statistics to understand what techniques are working well and which need improvements, refinement, or further implementation.

Less standard metrics that are quite a bit more challenging to monitor include behavior changes, attitude changes, and awareness changes. These metrics are attached to considerable effort, but may give a better picture of outreach effectiveness. The Community and Media Relations division will continue to look for proven methods for monitoring these metrics.

As part of our ongoing communication planning process and ahead of each major project launch, staff will set goals then outline the key performance indicators that will be used to identify success, measure effectiveness, and refine future plans. #15..
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MEDIA COVERAGE
News Releases The number of releases reacted to by the media.

News Sentiment The sentiment of mentions, articles or interviews published by the media.

Reach The reach of advertisements (both paid and unpaid) and news stories in media outlets. Examples include ads and news stories in print and online and the number of people who saw it based on the number of publications printed or the number of people who visited the webpage where the content is located.

E-BLASTS / E-NEWSLETTERS
Subscribers The number of people who have signed up to receive the communication.

Open Rate The average percentage of recipients who open the email or notification.

Click-Through Rate The average percentage of recipients who click on an active link within the email or publication.

WEBSITE
Unique Visits The number of distinct individuals visiting the site.

Page Views The number of times a page on the site has been viewed.

Top Pages The pages that are visited most frequently – the top 5-10 should be tracked regularly.

Bounce Rate The percentage of people that navigate away from the site after only viewing one page. A lower bounce rate means that people are exploring the page and finding the information they need.

Search Terms The more frequently a term is searched, the more likely it is that visitors are not finding what they need, and suggest it may need to be displayed more prominently.

KEY PERFORMANCE

INDICATORS
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SOCIAL MEDIA
Followers The number of people who subscribe to, and follow, the City’s pages.

Engagement The number of people who take action by interacting with the City’s pages including likes, comments, tags, or shares.

Reach The number of people who saw the City’s posts.

Quantity and Quality
of Posts
Number of posts and metrics on content, including photos, videos, events, and polls.

PRINTED MATERIALS AND PAID ADVERTISEMENTS
Distribution Rates The number of places a printed piece can be found – both physical and online – and the actual number of pieces distributed.

OTHER METRICS
Quantity of survey responses
Council feedback
Reduction in unsolicited inquiries to departments (demonstrating that the proactive messaging is working at effectively delivering the message)
Digital billboard effectiveness
Video views
Poll results that demonstrate community understanding and engagement Consistency in brand use across departments
Number of materials translated to Spanish or another language Positive employee response to storyteller program
Positive community or industry response to advisory groups (quantity and frequency of participation) Quantity of community complaints
Event and forum attendance
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HIGH PRIORITY
Institute an engaging Employee Storyteller Program
Identify ways of bring brand training to employees
Integrate City vision, goals, and strategies into communication efforts

MEDIUM PRIORITY
Collaborate with community organizations to market the City, serving as ambassadors of the Modesto brand
Collaborate with an external advisory groups (either formal or informal) to ensure effective communication and marketing within the community
Attend quarterly department meetings in order to create mini major project-specific communications plans
Outline the City’s Strategic Plan elements on the website Develop or retool community polls and micro-interactions Research and establish editorial calendars, along with a process of developing content for columns, editorials, and paid opportunities
Develop a plan for multi-lingual translation services
Develop and implement a City branding strategy

IMPLEMENTATION PLAN
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CITY OF MODESTO COMMUNICATIONS PLAN | 22 CITY OF MODESTO COMMUNICATIONS PLAN | 23 TOOLS

AUDIENCES
City Website (modestogov.com)Community E-Newsletter (City Beat emailed 1x/month)Employee E-Newsletter (The Cue emailed 1x/week)Flyer/Poster(Posted in public areas where people gather)Bill Insert/Postcard (Printed piece that is mailed directly to households)
Brochure (Found in public display
racks or on counters where business transactions occur) Location Signage (Displays at the
physical location of a project to communicate what’s taking place. Ex:
construction site or a new city amenity)
Media Advisory (Emailed directly to a targeted media list)Press Release for Website Homepage News (Newsflash worthy of being added to the website)
Facebook (@cityofmodesto)Instagram (@cityofmodesto)Twitter (@cityofmodesto)Nextdoor (Nextdoor.com - Social media platform targeted to neighborhoods)
Fact Sheet (Quick, high-level overview
of a project for external audiences)
One-Minute Meeting
(Quick, time-sensitive messages for internal audiences) Individual or Small Stakeholder Briefings (Ideal for 1-on-1 communication when feedback from constituents is needed) Digital Billboard
(Located along SR 99 south of Pelandale.Effective in reaching commuters) Photography (Use in storytelling to
get your message across more visually.Can be shared digitally or in print) Public Meetings/Open Houses(Used when stakeholder feedback is necessary)Tele- or Web Town Hall (Used when direct feedback from constituents is needed but in-person gathering wouldn’t be efficient)Print Advertising (Modesto Bee, Modesto View, Stanislaus Magazine, etc.)
Digital Advertising (Modbee.com,
Facebook, Instagram, etc.)
Video Short Format (Short format
that can easily be shared on social media or the City’s website) Agenda Report (Targeted
communication to City Council)
Facility Signage (Guiding principles, strategic plan progress posters, etc.) Progress Report (For sharing project status with stakeholders or public)Final Report (For sharing successes with stakeholders or public)End-of-Project Wrap-Up(Public open house, ceremony, etc.) City Council
Community Wide
Generation Z
Millennials
Generation X
Boomers
Non-English Speakers
Rural-Agriculture
Urban
Internal Employees
Event Promotion

COMMUNICATIONS MATRIX
The communications matrix is a resource that both
communications staff and non-communications
staff can use to identify the best tools and
tactics for a project or audience.

EFFECTIVENESS TOOL

COLOR KEY
Most effective tool
for this audience
Potentially effective tool
for this audience
Least effective tool
for this audience

FREQUENCY KEY
AN - As Needed
D - Daily
W - Weekly
M - Monthly
Q - Quarterly
AS - At Project Start
AE - At Project End

SHORT TERM AND SPECIAL PROJECTS
(up to one year)
Example:

One-time event or open house, short-term opportunity for residents to provide feedback or participate in the decision-making process, utility communication, etc.

ADDITIONAL LONG

TERM TOOLS
(more than one year)
Example:

Bridge replacement,
new facility, long range
planning, master plan
updates, natural
disasters recovery.

COMMUNICATIONS MATRIX
The communications matrix is a resource that both communications staff and non-communications staff can use to identify the best tools available to reach a particular audience segment.

COMMUNICATION TOOLS
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ACKNOWLEDGMENTS
Special thanks to the Peer Review Team for lending their time and expertise to the critique of this plan.

Connie Cochran, APR Community Relations Officer, City of Stockton Paul Hosley Communications and Media Officer, City of West Sacramento Brian Jacobson Public Information Officer, City of Roseville Sierra Orr Water Conservation and Public Information Supervisor, Big Bear Lake Department of Water
Rex Osborn Chief Executive Officer, Morethantalk LLC
Keith Sterling Public Information Manager, City of Beverly Hills Amy Vickery Director of Legislative Affairs & Communications, Stanislaus County David Vossbrink, APR Communications Director (Ret.), City of San Jose Lael Wageneck, APR Public Information Officer, Santa Barbara County Public Works #15..
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APPENDIX
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CITY OF MODESTO

BRAND STANDARDS

CITY OF MODESTO BRAND STANDARDS
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CITY OF MODESTO BRAND STANDARDS | IMPORTANCE OF A BRAND 2 Builds Recognition
Creates Trust & Value
Provides Direction For Staff
Helps Tell Your Story
Welcome to the City of Modesto’s Brand Guide. This tool is intended to provide staff with the resources necessary to use and reproduce the City’s brand consistently and cohesively throughout the entire organization and across departments.

A consistent brand helps people understand who they can talk to, where they can go, and the types of services provided by the City. The City’s brand should be easily recognizable to internal and external audiences.

A brand helps build trust and shows that the organization has value to the community. The City’s brand should reinforce those values through storytelling, strong visuals, messaging, customer service, and cohesive branding across departments.

A unified brand strategy provides clarity for staff. It is everyone’s responsibility to understand and know how to implement the City’s brand strategy effectively and collaborate across departments to leverage messages and communication tools.

A strong brand should reinforce the strategic goals and objectives unique to the community and trickle down to individual departments, projects, and audiences – both internal and external.

WHAT DOES THIS MEAN FOR MODESTO?
Brand consistency is important because we are one City team, working together to provide world-class services to residents, businesses and visitors in Modesto.

Deviation from the City’s brand creates confusion among our constituents and weakens the City’s overall brand identity.
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CITY OF MODESTO BRAND STANDARDS | BRAND ANCHORS
3 Agriculture & Industry
Community
Location
Culture
Parks & Outdoors
Hometown Heroes
Small Town Feel
Modesto feeds the world with its bounty. Our fertile environment yields hundreds of agricultural products and plentiful farmer’s markets as well as fruit stands. Leading agribusiness companies call Modesto home, as do their toptier professionals who are on the cutting edge of the agricultural industry worldwide.

Modesto has an intense sense of community and pride. The fabric of our diverse community is woven together through concerts, parades, festivals, cultural celebrations, abounding volunteerism and numerous places of worship.

Modesto is the heart of California. From Modesto’s central location one can visit San Francisco, Yosemite, Tahoe or Santa Cruz at the drop of a hat. Modesto’s location is also ideal for transportation, distribution and logistics, linking leading food and manufacturing companies to major markets.

Modesto is the cultural hub of the Central Valley. Dining and entertainment are at the heart of downtown Modesto’s vibrant scene. Catch a Broadway show, national entertainers, minor league baseball, major music fests, white linen dining and the best shopping around – Modesto has it all.

Modesto boasts one of the best climates in the world. With two rivers running through the city, numerous parks and miles of walking and bike trails, Modesto is a great place to stay active year-round. Our tree-lined streets are set against the backdrop of the glorious Sierra Nevada and Coastal mountain ranges.

You can become anything in Modesto. From business visionaries Ernest and Julio Gallo; to sport legends Royal Robbins, Suzy Powell and Erin Cafaro; to film leaders George Lucas, Jeremy Renner to Timothy Olyphant – and many others – Modesto is the formative hometown for those who have lead their industries and impacted the world.

Modesto is the big city where you know your neighbors by name. There is intense support for – and pride in – all things local. Modesto is a great place to raise a family with tight-knit neighborhoods, block parties, and tree-lined streets. It’s the simplicity and innocent coming of age that the award-winning film “American Graffiti” was based on.
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CITY OF MODESTO COMMUNICATIONS PLAN | 30
Agriculture | Almond Blossom
Heros | Shooting Star
Culture | Music & Classic Car
Location | Crops & Mountains
Parks | Swing & Large Tree
Small Town | Light Pole & Home
CITY OF MODESTO BRAND STANDARDS | CUSTOM BRAND ANCHOR ICONS 4 Community | Citizens & Town Arch
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CITY OF MODESTO COMMUNICATIONS PLAN | 31
Minimum Logo Size
The smallest size at which the logo
should be reproduced = 0.75 inch
Primary Logo | Full Color Primary Logo | Black Primary Logo | Charcoal Full-color logo to be used on all
collateral on light backgrounds
This version should be used when
printing on a white background
This version should be used on a
solid color background or white
background
This version should be used on a
solid color background or dark
background
Primary Logo | White Horizontal Logo | Black
Use this version for mobile usage,
swag (i.e. pens, etc.). This logo version
requires authorization. Please check
with Community Relations prior to
using
Horizontal Logo | White
Use this version for mobile usage,
swag (i.e. pens, etc.). This logo version
requires authorization. Please check
with Community Relations prior to
using
Enclosed Logo Required Space Around Logo
Leave open space around the logo that
is equal to or greater than the height of
the upper case “M” in the logo
The City's logo may be enclosed in a
shape, but only if the shape extends to
the edge, anchoring it in place on the
page or slide. No "floating" shapes
are permitted

0.75"
Consistency is critically important when using the City’s logos, fonts and colors. Utilize these pages to reference acceptable – and unacceptable – uses of the City brand.

CITY OF MODESTO BRAND STANDARDS | LOGOS, FONTS AND COLORS 5 #15..
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CITY OF MODESTO COMMUNICATIONS PLAN | 32
Non-Compliant Logo Use Non-Compliant Logo Use Non-Compliant Logo Use Do not enclose in another shape
or place logo against a color of
insufficient contrast Do not add elements to the logo
Do not stretch, condense, or
transform the logo
Non-Compliant Logo Use Non-Compliant Logo Use Non-Compliant Logo Use Do not add a drop shadow Do not rearrange the logo elements Do not use a scanned, web or lowresolution version of the logo for print Non-Compliant Logo Use Non-Compliant Logo Use Non-Compliant Logo Use Do not remove design elements
from the logo pillars Do not black out the logo pillars Do not use any color other than the
Pantone, CMYK or RGB designations
outlined below
CITY OF MODESTO BRAND STANDARDS | LOGOS, FONTS AND COLORS 6 #15..
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CITY OF MODESTO COMMUNICATIONS PLAN | 33
CITY OF MODESTO BRAND STANDARDS | DEPARTMENT LOGOS
7 These are the only department logos preapproved for citywide use. For custom division or programmatic logos, please contact Community and Media Relations staff who will work with you to design a logo for your specific needs.

Department logos should be used sparingly. Examples of appropriate department logo use include PowerPoint presentations, staff apparel and giveaways.

Contact Community and Media Relations for direction when using department logos in other applications.
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CITY OF MODESTO COMMUNICATIONS PLAN | 34
Secondary Palette
Primary Palette
PANTONE 549 CP
CMYK: 56 8 9 21
RGB: 97 158 183
HEX: #619EB87

PANTONE
COOL GRAY 11 CP
CMYK: 44 34 22 77
RGB: 85 86 91
HEX: #55565B
PANTONE 400 CP
CMYK: 6 7 13 16
RGB: 198 192 182
HEX: #C6C0B6
PANTONE 548 CP
CMYK: 100 21 28 76
RGB: 0 68 85
HEX: #004455
PANTONE 1375 CP
CMYK: 0 45 94 0
RGB: 233 156 53
HEX: #E99C34
PANTONE 362 CP
CMYK: 78 0 100 2
RGB: 78 169 63
HEX: #4EA93F
PANTONE 7623 CP
CMYK: 0 97 87 53
RGB: 145 45 41
HEX: #912D29
80% 60% 40% 20%
80% 60% 40% 20% 80% 60% 40% 20% 80% 60% 40% 20% 80% 60% 40% 20% 80% 60% 40% 20% 80% 60% 40% 20%
CITY OF MODESTO BRAND STANDARDS | COLOR PALETTES
8 Both primary and secondary colors can be used together or on their own. However, it’s not recommended to combine too many different colors on a single piece. #15..
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CITY OF MODESTO COMMUNICATIONS PLAN | 35
CITY OF MODESTO BRAND STANDARDS | FONTS FOR DESIGN & VENDORS H1 | Uppercase
H2 | Uppercase
H3 | Title Case
BodyCopy | Sentence Case
Paragraph Example
MONTSERRAT BOLD | 30/34PT
MONTSERRAT MEDIUM | 24/28PT
Montserrat Medium | 18/22pt
Montserrat Light | 10/14pt

LOREM IPSUM DOLOR SIT
AMET, MONSERRAT BLD (H1)
UT EN MONSERRAT MED (H2)
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaeca (body copy | Montserrat Light)
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation (body copy | Montserrat Light)
Eu Fugiat Nulla Pariatur. Excepteur Sint
Monserrat Med (H3)
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CITY OF MODESTO COMMUNICATIONS PLAN | 36
CITY OF MODESTO BRAND STANDARDS | FONTS FOR WORD, POWERPOINT & EMAIL H1 | Uppercase
H2 | UPPERCASE
H3 | Title Case
BodyCopy | Sentence Case
ARIAL BOLD | 27/30pt
ARIAL BOLD | 21/24pt
Arial Regular | 16/18pt
Arial regular | 10/12pt
Paragraph Example

LOREM IPSUM DOLOR SIT AMET,
ARIAL BOLD (H1)
UT EN ARIAL BOLD (H2)
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaeca (body copy | Arial Regular) Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation (body copy | Arial Regular) Eu Fugiat Nulla Pariatur. Excepteur Sint Arial Regular (H3) 10 #15..
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City of Modesto 1010 10th Street
Modesto CA 95354
209.571.5548
Internal Communication Plan
March5, 2020 – V 1.7

INTERNAL COMMUNICATION PLAN
#15..
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Internal Communication Plan
March 5th 2020 – V1.7

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Modesto City CouncilJanuary 25, 2022

Modesto City Council
January 25, 2022