Agenda packet, first session — Modesto City Council, February 1, 2022 (part 2 of 2)

On October 5, 2021, the Purchasing Division issued RFB No. 2021-75 for Fire Safety Systems Services under multiple category codes1. Prospective bidders were notified online and via email of the bid opportunity. Eighteen companies chose to download the RFB document.

On November 2, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream2. One vendor responded with a formal bid. No local vendors responded.

The Purchasing Division contacted several bid holders to inquire about the reasons they declined to submit bids. Several of the vendors responded that they did not meet the bid requirement for the State Contractor’s Business License stated in the bid documents. Based on providing an overall responsive and responsible bid and the research conducted to evaluate the single bid response, staff recommends the award of bid to The BGR Group, Santa Clara, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures.

An award of bid and agreement for City-wide fire service system services to The BGR Group, Santa Clara, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and The BGR Group was the lowest responsive and responsible bidder.

FISCAL IMPACT:

Below is a breakdown of estimated yearly expenses for Fire Safety System Services for various City properties. The agreement amount for Year 1 includes all sites that require a 5-Year Inspection. Some of these sites will require this in Year 1 but others may not require inspections until Year 2, 3, 4 or 5 of the contract. Based on current pricing per RFB 2021-75, anticipated services, and accounting for potential Consumer Price Index (CPI) increases (5%) for Years 3, 4 and 5. The agreement includes a 10% contingency new site additions or substantive service changes. An additional $20,000 per year is being added as an allowance for any maintenance and repairs that may be needed under this agreement. Funds are budgeted in the Facilities account 5800-52120-53100 with funding for contingency services being allocated at the time of approval.

Description Year 1 Year 2 Year 3* Year 4* Year 5* Total Contracted Services $247,610 $125,110 $125,110 $137,923 $144,819 $780,572 Contingency Funds $24,760 $24,760 $24,760 $24,760 $24,760 $123,800 Maintenance and Repair $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 Consumer Price Index (5%) $0 $0 $6,255 $6,568 $6,896 $19,719 Total $292,370 $169,870 $176,125 $189,251 $196,475 $1,024,091 COMMITTEE RECOMMENDATION:

The Award of Fire Safety System Services was presented to Economic Development Committee on January 12, 2022 with the recommendation to forward to City Council for approval.
1 93609- Alarm Equipment Maintenance/Repair (Fire, Etc.) 99005- Alarm Services 34016- Fire Alarm Systems, Power Sirens, and Controls
2 Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19. #12..
- 192 -
City Council, February 1, 2022
Award of Fire Safety System Services

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and not to exceed amount of $1,024,091 over five years, and authorizing the Director of Finance, or her designee, to add new site additions, removals, or substantive service changes without exceeding the estimated annual cost of $1,024,091, and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Original Agreement

3. Exhibit B – BGR Bid Submittal

4. Exhibit C – RFB #2021-75

5. Exhibit D – Price Schedule

6. Financial Interest Disclosure
#12..
- 193 -
1 2022

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

FIRE SAFETY SYSTEM SERVICES TO THE BGR GROUP, SANTA CLARA,

CA FOR A TWO-YEAR AGREEMENT WITH THREE ONE-YEAR

EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED COST FOR THE FIRST YEAR OF $292,370 AND NOT TO EXCEED AMOUNT OF $1,024,091

OVER FIVE YEARS, AND AUTHORIZING THE DIRECTOR OF FINANCE, OR

HER DESIGNEE, TO ADD NEW SITE ADDITIONS, REMOVALS, OR

SUBSTANTIVE SERVICE CHANGES WITHOUT EXCEEDING THE
ESTIMATED ANNUAL COST OF $1,024,091 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto, Public Works Department, Building Administration and Maintenance Division is responsible for maintaining facilities within the City of Modesto which includes the fire systems within those facilities and WHEREAS, there has not been a city-wide agreement for fire system services which included the inspection, testing and maintenance of these systems and WHEREAS, through the issuance of a Request for Bid (RFB), the Building Administration and Maintenance Division will be able to better manage the Fire Safety Systems within the City of Modesto under a consolidated agreement rather than several different vendors handling different buildings and there will be the additional value of reduced costs through having a city-wide agreement and
WHEREAS, the City Manager authorized the Purchasing Manager to issue formal RFB for Fire Safety System Services and on October 5, 2021, the Purchasing Division issued RFB No. 2021-75 for Fire Safety Systems Services under multiple category codes1 1 93609- Alarm Equipment Maintenance/Repair (Fire, Etc.) 99005- Alarm Services 34016- Fire Alarm Systems, Power Sirens, and Controls
#12..
- 194 -
2 2022
WHEREAS, prospective bidders were notified online and via email of the bid opportunity and eighteen companies chose to download the RFB document and WHEREAS, on November 2, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream2 and one vendor responded with a formal bid; no local vendors responded and
WHEREAS, after contacting several bid holders, the Purchasing Division found that vendors declined to submit bids as they did not meet the bid requirement for the State Contractor’s Business License stated in the bid documents and WHEREAS, based on providing an overall responsive and responsible bid and the research conducted to evaluate the single bid response, staff recommends the award of bid to The BGR Group, Santa Clara, CA and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures; an award of bid and agreement for City-wide fire service system services to The BGR Group, Santa Clara, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and The BGR Group was the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid and agreement with The BGR Group, Santa Clara, CA for fire safety system services for an annual estimated cost for the first year of $292,370 and a total amount not to exceed $1,024,091 with any new site additions, 2 Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19. #12..
- 195 -
3 2022
removals, or substantive service changes without exceeding the estimated annual cost of $1,024,091 to be authorized by the Director of Finance or her designee.

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 City of Modesto held on the 1st day of February, 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
#12..
- 196 -
1 ANNUAL AGREEMENT
THE BGR GROUP, LLC.

FIRE SAFETY SYSTEM SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and The BGR Group LLC, hereinafter called

CONTRACTOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-____ authorizing the award of bid and contract for the furnishing of Fire Safety System Services to Contractor, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Fire Safety System Services, as described in RFB No. 2021-75 – Fire Safety System Services, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish Fire Safety System Services insofar as such scope of services are specified in Exhibit “B”, and in strict accordance with the conditions of the complete Contract.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. #12..
- 197 -
2 d. CONTRACTOR shall maintain proper insurance with the City for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following contracted rates, for an annual estimated amount for the first year of $292,370. and a total amount not to exceed $1,024,091. over five years.

2. PRICING SCHEDULE: (Exhibit D) subject to prevailing wages.

Prevailing Wages:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contacted within the City standards shall apply.

DIR Project ID #: 397373

3. CITY REPRESENTATIVE:

Contract Administrator is: Patrick Crowley, Facility Manager / Building Administration (209) 342-2274
Purchasing Contact: Kim Presson, Assistant Buyer (209) 577-5375 The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

4. TERM OF CONTRACT:

The term of the agreement shall be for a period of two (2) years.

Year 1: February 07, 2022 through February 06, 2023
#12..
- 198 -
3 Year 2: February 07, 2023 through February 06, 2024
Year 3: February 07, 2024 through February 06, 2025
Year 4: February 07, 2025 through February 06, 2026
Year 5: February 07, 2026 through February 06, 2027
Pricing as set forth in Exhibit “D” shall remain firm for the first two (2) years of the agreement.

This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties.

Price increases for subsequent contract years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

5. LIABILITY INSURANCE:

CONTRACTOR 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 CITY as may be required by the Risk Manager. 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 CITY by registered mail, return receipt requested, for all of the following stated insurance policies. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and $2,000,000, policy aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to:
#12..
- 199 -
4 premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. (b) 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.
(c) Workers' 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.

The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) #12..
- 200 -
5 shall include a provision that the coverage is primary as respects 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 of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

CONTRACTOR shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONTRACTOR 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 CONTRACTOR’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 CONTRACTOR’S insurance and shall not contribute with it.

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.

6. PAYMENT:

CONTRACTOR shall invoice CITY monthly. Invoices shall be paid in full #12..
- 201 -
6 within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

At a minimum invoice shall state the following:
▪ Reference Annual Agreement # 214002
▪ City department/division name and address
▪ Billing period
▪ Service hours worked day and week
▪ Unit price, extended price, sales tax and total

7. INDEMNITY:

The CONTRACTOR 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 CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

CONTRACTOR’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 CONTRACTOR to procure and maintain a policy of insurance.
#12..
- 202 -
7 8. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California.

Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. COMMENCEMENT AND COMPLETION OF THE WORK:
#12..
- 203 -
8 The work contemplated herein shall be commenced after the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

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 Contractor, dishonesty or theft.

Termination by City for Convenience
TheCitymay also terminate theContractor'sperformanceunderthe Agreement, either in whole or in part, at its own discretion, or when conditions encountered during theWork make it impossibleorimpracticabletoproceed,orwhentheCityispreventedfromproceedingwiththe 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. The City shall provide no less than ten (10) calendar day’s written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor 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 Contractor shall:
#12..
- 204 -
9 a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors 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 subcontractors but in no event shall recovery by any Contractor or subcontractor 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 may have been accumulated by the Contractor 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. The Contractor understands and agrees that City may, in City's sole #12..
- 205 -
10 discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor 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 Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to theContractor 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 subcontractor 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 Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.

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 Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor 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.
#12..
- 206 -
11 12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-_______;
b. CONTRACTOR submittal;
c. RFB No. 2021-75 – Fire Safety System Services;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: The BGR Group LLC
2784 Homestead Rd, Unit 299
Santa Clara, CA 95051
#12..
- 207 -
12 CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.

16. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. 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.

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this contract.

20. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR’S proposal are controlling and are deemed accepted by CONTRACTOR #12..
- 208 -
13 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 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.

21. 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.

WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested 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 _____________________has caused this Agreement to be duly executed. #12..
- 209 -
Exhibit B
#12..
- 210 -
#12..
- 211 -
#12..
- 212 -
#12..
- 213 -
#12..
- 214 -
#12..
- 215 -
#12..
- 216 -
#12..
- 217 -
#12..
- 218 -
#12..
- 219 -
#12..
- 220 -
#12..
- 221 -
#12..
- 222 -
#12..
- 223 -
#12..
- 224 -
#12..
- 225 -
#12..
- 226 -
1 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75
FOR

FIRE SAFETY SYSTEMS SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: OCTOBER 26, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Yer Tapia, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 571-5839
Exhibit C #12..
- 227 -
2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

TABLE OF CONTENTS
Page
. Notice to Bidders....................................................................................................3 . City Contacts..........................................................................................................4 . Calendar of Events..................................................................................................4 . Offer and Acceptance.............................................................................................4

REQUIRED DOCUMENT
. Bid Acknowledgement (Signature Form)............................................................6 . Pricing Schedule – Exhibit A (Signature Form)..................................................7 . Exceptions, Clarifications, Amendments...............................................................8 . References......................................................................................................... 9-10 . Financial Interest Disclosure (Signature Form)........................................... 11-13 . Support of Local Vendors....................................................................................14 . Addenda Acknowledgement Page (if applicable) ...............................................15 . Company History Statement ................................................................................16

TECHNICAL SPECIFICATIONS AND REQUIREMENTS
. Scope of Services..................................................................................................17 . General Specifications.................................................................................... 17-24 . Prevailing Wages..................................................................................................25 . Insurance Requirements................................................................................. 25-26 . Warranty Statement..............................................................................................28

GENERAL TERMS AND CONDITION
. Bid Submittal........................................................................................................29 . Acceptance/Rejection of Irregular Bids...............................................................29 . Complete Bid Document......................................................................................29 . Compliance / Non-Compliance............................................................................30 . Pricing Format......................................................................................................30 . Pricing Schedule...................................................................................................30 . Award of Bid ........................................................................................................30 . Term of Contract ..................................................................................................31 . Quantities..............................................................................................................31 . Funding.................................................................................................................31 . Termination of Services .......................................................................................32 . Protest and Appeal Procedures ....................................................................... 33-37 . Payment ................................................................................................................37

ATTACHMENTS
. Sample Agreement ......................................................................................... 38-52 #12..
- 228 -
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of Fire Safety System Services for the City of Modesto, Various Divisions.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bids shall be submitted on the bid sheet and shall be downloaded from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-BidOpportunities; such bids shall include all necessary specifications. It is highly recommended all bid documents be downloaded from the City’s website.

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 no later than Tuesday, October 26, 2021 at 11:00 A.M., at which time bids will be opened, read and recorded. All bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bidders are hereby notified that pursuant to Section 1770 et seq. of the Labor Code of the State of California, the Director of Industrial Relations of the State of California has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed, for each craft or type of worker or mechanic needed to execute the contract which will be awarded to the successful bidder.

It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him/her, to pay not less than the said specified rates to all laborers and mechanics employed by them in the execution of the contract.

Bids will be received only at the address shown above, and prior to the time indicated. Any bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.

All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids. The City of Modesto assumes no responsibility for delay in the delivery of the bid.

On the outside of both the bid envelope and courier envelope, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2021-75

FIRE SAFETY SYSTEM SERVICES
BID OPENING DATE: OCTOBER 26, 2021 AT 11:00 A.M.

MAIL TO: CITY CLERK COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

No bidder may withdraw his/her bid for a period of sixty (60) days after the date set for the opening thereof. #12..
- 229 -
4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Yer Tapia, Buyer, via email at [email protected].

All contacts during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued OCTOBER 5, 2021
Written Questions Due OCTOBER 12, 2021
Addendum Issued (if required) OCTOBER 19, 2021
Response Due BEFORE 11:00 A.M. on Tuesday, OCTOBER 26, 2021 Bid Award Date Approximately JANAURY, 2022
Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders.

It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB/Q specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded a contract they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or his designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.
#12..
- 230 -
5 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date. Failure to provide all the required documents may cause the bid to be considered non-responsive.

COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form)............................................................6 . Pricing Schedule – Exhibit A (Signature Form)..................................................7 . Exceptions, Clarifications, Amendments (if applicable).......................................8 . References......................................................................................................... 9-10 . Financial Interest Disclosure Form (Signature Form)................................. 11-13 . Support of Local Vendors (if applicable).............................................................14 . Addenda Acknowledgement Page (if applicable) ...............................................15 . Company History Statement ...............................................................................16 . Warranty Statement .............................................................................................28 #12..
- 231 -
6 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

BID ACKNOWLEDGEMENT
The City is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number.

This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response. Obligations assumed by such signature must be fulfilled.

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the bid. (b) Quote price as specified in bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFB gives notice of an all-or-none award, the City may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the bidder’s expense.

7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the bidder with its bid, the City may reject the same, and it shall thereupon become the duty of the bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the bidder fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the bidder. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFB, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City’s check.

9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

11. Two “Inked” Signed Original Bid Document Requested: Failure to furnish one “inked” signed original bid document may result in disqualification.

THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
#12..
- 232 -
7 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

PRICING SCHEDULE
See attached Exhibit “A” for pricing schedule.
#12..
- 233 -
8 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. This form is not required to be returned, unless an Exception, Clarification, or Amendment is requested by the bidder. Any requested exception, clarification or amendment may not be accepted and may deem the bidder as non-responsive.

Item No. Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
#12..
- 234 -
9 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

REFERENCES
All Bidders must provide a list of five (5) current of former clients in the area provided below, identifying prior experience with the same type of products requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references shall be deemed unacceptable and declared non-responsive.

The City may contact some or all of the references provided in order to determine the bidders’ performance record on work and equipment similar to that described in this bid. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
#12..
- 235 -
10 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
#12..
- 236 -
11 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
#12..
- 237 -
12 FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete.

The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

By signing this document I agree to the information contained within.

COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
Applicable Names: DATE:
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR
#12..
- 238 -
13 FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:
#12..
- 239 -
14 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager.

To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:

Company Name:

Street Address:

Telephone Number:

Business License Number:
#12..
- 240 -
15 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the City’s PlanetBid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA
NUMBERS:_____________________________________________________ Company Name (Bidder):
#12..
- 241 -
16 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFB submittal date) providing the types of products requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal.
#12..
- 242 -
17 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto is seeking bids for a contractor to provide all labor, equipment, material and all administrative time necessary to perform inspections, testing, maintenance, repairs, and relocation/installation of new/existing sprinklers or lines of fire sprinklers wet/dry, pre-action fire systems, fire pump systems, and electronic fire alarm control systems as required per National Fire Protection Association (NFPA) 10, 25 and 72 standards for various City Facilities.

Contractor shall warranty all labor and material for a period of twelve (12) months from the date(s) of service. Any damage to building and grounds directly related to work performed is the responsibility of the Contractor.

1.1 GENERAL SPECIFICATIONS:

The City of Modesto operates and maintains over forty-seven (47) facilities throughout the City limits that have fire systems. This contract is in support of these facilitates and equate to approximately 500,000 square feet.

1.1.The fire alarm systems include local, networked, voice, and visual functions.

1.2.All inspections on this contract include maintenance and testing procedures according to NFPA 13 (Sprinkler), 17 (Dry Chemical), 17A (Wet Agents), 25 (Pump, Sprinkler) 72 (Fire Alarm), 70 (NEC), Articles 760 (Wiring), and 96 (Exhaust).

1.3.Contractor and Contractor’s employees performing work on City premises may be required to pass a police background check and provide proof prior to performing any work, at the Contractor’s expense.

1.4.Contractor must send experienced and qualified personnel who are able to perform the requested services. The City of Modesto reserves the right to reject Contractor personnel who are unable to perform the requested services in a timely manner. If Contractor personnel are rejected, the Contractor must send a properly qualified replacement to complete the services within the required response times as noted in section 3. The rejected personnel shall not be dispatched to the City of Modesto again without prior approval by the City’s designated representative(s).

1.4.1. Sprinkler fitters performing repairs, testing, inspection, maintenance, and relocation/installation of various fire sprinkler and suppression systems are to be at the Journeyman Level.

1.4.2. Electronic fire alarm technicians performing repairs, testing, inspection, maintenance, and relocation/installation of various electronic fire alarm systems and components are to be factory certified on such equipment, and possess a minimum NICET Level II certification in Fire Alarm Systems, or are to be directly supervised by persons with such credentials.

1.5.All equipment that is replaced after authorization by the City of Modesto, must be replaced with like equipment throughout the City.

1.6.The City will not pay trip charges. Any anticipated costs for mileage should be included in the Contractor’s labor rates.

1.7.The City will not accept any Change Orders that do not directly result from the City altering the scope of work of this agreement.
#12..
- 243 -
18 1.8.Contractor must contact designated City representative(s) BEFORE arriving at job site and commencing work.

1.9.All contracted work performed will be authorized by the designated City representative(s) prior to commencement on each day work is to be performed.

1.10. Contractors shall wear a company uniform and company identification badge while they are onsite performing work.

1.11. Contractors shall drive clearly marked vehicles displaying company name and information while performing services on City property.

1.12. Contractor shall coordinate all aspects of job with designated City representative(s).

1.13. The majority of work is to be performed between the hours of 7:00 A.M. through 3:30 P.M. (Monday – Friday) unless otherwise scheduled in advance. In order to prevent business interruption, the designated City representative(s) is authorized to request that no alarm causing input devices be tested during occupied hours while the City is conducting work. This may require flexibility on the Contractor’s part to instead perform work in approved facilities or to conduct non-alarm causing device or auxiliary testing until such business activities have concluded and designated City representative(s) approval is granted. Any anticipated costs for delayed inspections should be included in the Contractor’s labor rates.

1.14. Contractor shall provide up to twenty (20) hours of on-site end user systems training per year at no additional charge. These hours are to be scheduled through the designated City representative(s) and should be for the onboarding and continued education of City staff on the proper operation and maintenance of fire alarm, sprinkler, suppression and pre-action systems.

1.15. Only new, original equipment manufacture (OEM) parts, components, or Underwriters Laboratory certified listed products are to be installed on City premises.

1.16. Work Orders will be placed on an “as needed” basis only. All invoices must reference the City’s Work Order number, department name, job site location, designated City representative(s) requesting service, and a complete breakdown of all charges, including materials.

1.17. Additional or emergency service work not otherwise outlined in the bid specifications are to be charged on a time and materials basis per bid labor rates and materials markup (cost plus percentage markup).

1.17.1. Labor rates will begin from time of arrival at the job site, and no travel costs will be allowed under the terms of the contract.

1.17.2. The City will pay for actual hours worked in fifteen (15) minute increments after the first hour.

1.17.3. Written quote for repairs discovered during inspections must be provided to the designated City representative(s) within five (5) calendar days of completion of the inspection.

1.18. Contractor’s Fire Sprinkler or Fire Alarm Representative must remain on-site upon declaring a system nonfunctional and notify the designated City representative(s) immediately via telephone for direction.

2. Response Times

2.1.Contractor shall provide a 24-hour, 7 day per week, 365 days per year emergency services with a two (2) hour maximum response time from time of notification to arrival on site.

2.1.1. Contractor shall provide an Emergency Contact.
#12..
- 244 -
19 2.2.Contractor shall respond to the designated City representative(s) within twenty (24) hours from time of notification for non-emergency services.

3. Reporting Requirements

3.1.Provide multiple copies of inspection/service report in accordance with applicable NFPA standards.

3.2.Provide copy of inspection report to the designated City representative(s) within thirty (30) days of inspection via email or web access service. The designated City representative(s) reserves the right to validate all submitted inspection reports against the electronic fire alarm system’s internal history records.

3.3.Contractor shall provide both written and electronic reports of all inspection results as recognized by state and local authorities having jurisdiction and most major insurance companies.

3.4.Reports are to provide itemized counts of all associated devices in the facility, along with a detailed summary of which devices were tested on that visit, and the status of any deficiencies discovered.

3.5.Each report should contain a cover page or summary section that provides an overview of inspection progress to date versus annual completion.

4. Scope of Work for Inspection, Testing, and Maintenance

4.1.FIRE PUMP INSPECTIONS (all that is applicable)

4.1.1. Inspection and Testing

4.1.2. Check pump house heating

4.1.3. Visually check fire pump system

4.1.4. Check suction, discharge and bypass valves

4.1.5. Check suction and discharge pressure gauge readings during fire pump operating testing

4.1.6. Check controller power is on and transfer switch is in normal position

4.1.7. Check fuel level and battery condition

4.1.8. Check pressure on all fire pump gauges

4.1.9. Check all valves to make sure they are in open position

4.1.10. Perform fire pump operating test

4.1.11. Check packing gland tightness

4.1.12. Check controller timer for proper shutdown of the fire pump

4.1.13. Verify setting of relief valve

4.1.14. Operate water flow and alarm switches

4.1.15. Service hydraulic system

4.1.16. Service mechanical transmission

4.1.17. Service motor

4.1.18. All inspections on this contract shall include maintenance and testing procedures according to NFPA 13, 13A, 72A, 72C, 72E, 72F, 72H, 70: Article 760 and 1963 (Hose Caps).

5.1 FIRE SUPPRESSION SYSTEM MAINTENANCE

5.1.1 SEMI-ANNUAL CHEMICAL SUPPRESSION TO INCLUDE (all that is applicable)

5.1.1.1.1 Inspect and Test Electrical Equipment

5.1.1.1.2 Control Panel – all functions

5.1.1.1.3 Graphic Annunciation Panel – proper illumination #12..
- 245 -
20 5.1.1.1.4 Detection

5.1.1.1.5 Clean detectors (material included)

5.1.1.1.6 Check detector sensitivity

5.1.1.1.7 Test alarm modes (sequence)

5.1.1.1.8 Operate time delay mode (60 seconds max)

5.1.1.1.9 Manual Releases – Pull Stations

5.1.1.1.10 Audible/Visual Alarm Devices

5.1.1.1.11 Releasing Devices – electrical actuator

5.1.1.1.12 Pressure Switch (City permission required)

5.1.1.1.13 Equipment shut down (City permission required)

5.1.1.1.14 HVAC; Fan Shut Down (City permission required)

5.1.1.1.15 Abort station operation

5.1.1.1.16 Check battery back up

5.1.2 Inspect and Test Mechanical Equipment

5.1.2.1 Weight Cylinders – Check Liquid Levels

5.1.2.2 Check Tank Pressures

5.1.2.3 Check Present Piping Against Prints

5.1.2.4 Check all Nozzles – Caps

5.1.2.5 Record hydrostatic test dates (Cylinders)

5.1.2.6 Releasing Devices – Mechanical, Pneumatic

5.1.3 Miscellaneous

5.1.3.1 Check EPO operation (City permission required)

5.1.3.2 Bell striker adjustment

5.1.3.3 Check magnetic door holder

5.1.3.4 Check damper operation

5.1.3.5 Battery charger adjustment

5.1.3.6 Check for room integrity

5.1.4 System Certification

5.1.4.1 Panel Certification Sticker

5.1.4.2 Tag each cylinder

5.1.4.3 Add tamper devices (seals)

5.1.5 All inspections on this contract shall include maintenance and testing procedures according to NFPA 12A, 10, 72, 72E, NFPA 70 Article 760, 96 and 101.

5.2 QUARTERLY PREACTION SYSTEM INSPECTIONS
(all applicable annual items in NFPA 25, which also include the below)

5.2.1 Control Valves – Identification Signs

5.2.2 Control Valves – Inspection

5.2.3 Water Flow Alarm Devices

5.2.4 Supervisory Devices

5.2.5 Gauges (Pre-Action Valves)

5.2.6 Air Pressure

5.2.7 Water Supply Pressure

5.2.8 Detection System (Pilot Line) Air Pressure

5.2.9 Hydraulic Design Information Signs (for hydraulically designed systems)

5.2.10 General Information Sign (not required for system prior to 2007 edition of NFPA 13)

5.2.11 Heat Tape

5.2.12 Spare Sprinklers
#12..
- 246 -
21 5.2.13 Fire Department Connections

5.2.14 Pre-Action Valves – Exterior Inspection

5.2.15 Pressure Reducing Valves

5.2.16 Master Pressure Reducing Valves

5.2.17 Backflow Preventers

5.3 ANNUAL PREACTION SYSTEM INSPECTIONS
(all applicable annual items in NFPA 25, which also include the below)

5.3.1 Low Temperature Alarms

5.3.2 Sprinklers

5.3.3 Pipe and Fittings

5.3.4 Hangers

5.3.5 Seismic Bracing

5.3.6 Buildings (Freeze Protection)

5.3.7 Low Temperature Alarm Test

5.3.8 Field Service Test Required (Send report to designated City representative(s))

5.3.9 Recalled Sprinklers

5.3.10 Waterflow Alarm Devices 90 Second Maximum

5.3.11 Main Drain Test

5.3.12 Priming Water Level Test

5.3.13 Pre-Action Valve Trip Test

5.3.14 Valve Trip Time

5.3.15 Manual Actuation Device Test

5.3.16 Low Air Pressure Alarm Test

5.3.17 Low Temperature Alarm Test

5.3.18 Automatic Air Pressure Maintenance Device Test

5.3.19 Control Valve – Operation

5.3.20 Valve Supervisory Devices

5.3.21 Backflow Preventer Assemblies

5.3.22 PRV – Partial Flow

5.3.23 Control Valves

5.3.24 Air Leaks Repaired

5.3.25 Pre-Action Valve Interior Inspected and Cleaned

5.3.26 Low Points in System Drained

5.4 QUARTERLY FIRE SPRINKLER INSPECTIONS
(all applicable quarterly items in NFPA 25, which also include the below)

5.4.1 Control Valves – Identification Signs

5.4.2 Control Valves – Inspection

5.4.3 Water Flow Alarm Devices

5.4.4 Supervisory Devices

5.4.5 Gauges (Wet Pipe Systems)

5.4.6 Enter Water Supply Pressure Below Riser Check

5.4.7 Enter Water Supply Pressure Above Riser Check

5.4.8 Pressure Readings Acceptable

5.4.9 Hydraulic Design Information Signs (for hydraulically designed systems)

5.4.10 General Information Sign (not required for system prior to 2007 edition of NFPA 13)

5.4.11 Heat Tape
#12..
- 247 -
22 5.4.12 Spare Sprinklers

5.4.13 Fire Department Connections

5.4.14 Alarm Valves – Exterior Inspection

5.4.15 Pressure Reducing Valves

5.4.16 Backflow Preventers

5.4.17 Small Hose Connections – Hose Valve

5.4.18 PRV – Fire Sprinkler Systems

5.5 ANNUAL FIRE SPRINKLER INSPECTIONS
(all applicable annual items in NFPA 25, which also include the below)

5.5.1 Sprinklers

5.5.2 Buildings (Freeze Protection)

5.5.3 Pipe and Fittings

5.5.4 Hangers

5.5.5 Seismic Braces

5.5.6 Field Service Test Required (Send report to the designated City representative(s))

5.5.7 Recalled Sprinklers

5.5.8 Water Flow Alarm Devices (90 sec. maximum, enter time)

5.5.9 Main Drain Test

5.5.10 Control Valve – Position

5.5.11 Control Valve – Operation

5.5.12 Supervisory Devices

5.5.13 Backflow Preventer Assemblies

5.5.14 Small Hose Connections (with PRV hose valves – partial flow test)

5.5.15 PRV – Fire Sprinkler Systems

5.5.16 Control Valves

5.5.17 Small Hose Connections

5.5.18 Obstruction Investigation

5.5.19 System returned to Service

5.6 FIVE YEAR FIRE SPRINKLER INSPECTIONS
(all applicable 5-year items in NFPA 25, which also include the below; Cycles of 5-year inspections are to be coordinated with the designated City representative(s))

5.6.1 Control Valves – Identification Signs

5.6.2 Control Valves – Inspection

5.6.3 Waterflow Alarm Devices

5.6.4 Supervisory Devices

5.6.5 Gauges (Wet Pipe Systems)

5.6.6 Hydraulic Design Information Sign (for hydraulically designed systems)

5.6.7 Water Supply Pressure Below Riser Check

5.6.8 Water Supply Pressure Above Riser Check

5.6.9 Pressure Readings Acceptable

5.6.10 General Information Sign (not required for system prior to 2007 edition)

5.6.11 Heat Tape

5.6.12 Spare Sprinklers

5.6.13 Fire Department Connections

5.6.14 Alarm Valves – Exterior Inspection

5.6.15 Pressure Reducing Valves

5.6.16 Backflow Preventers
#12..
- 248 -
23 5.6.17 Small Hose Connections – Hose Valve

5.6.18 PRV – Fire Sprinkler Systems

5.6.19 Buildings (Freeze Protection)

5.6.20 Sprinklers

5.6.21 Sprinklers – Accessible Concealed Space

5.6.22 Pipe and Fittings

5.6.23 Pipe and Fittings – Accessible Concealed Space

5.6.24 Hangers

5.6.25 Hangers – Accessible Concealed Space

5.6.26 Seismic Braces

5.6.27 Seismic Braces – Accessible Concealed Space

5.6.28 Unsprinklered Areas

5.6.29 Field Service Test Required

5.6.30 Recalled Sprinklers

5.6.31 Water Flow Alarm Devices (90 seconds maximum time)

5.6.32 Main Drain Test

5.6.33 Control Valve – Position

5.6.34 Control Valve – Operation

5.6.35 Supervisory Devices

5.6.36 Backflow Preventer Assemblies

5.6.37 Small Hose Connections with PRV Hose Valves – Partial Flow Test

5.6.38 PRV – Fire Sprinkler Systems

5.6.39 Pressure Gauges – Calibration

5.6.40 Small Hose Connections

5.6.41 Check Valves – Internal Inspection

5.6.42 Control Valves

5.6.43 FDC – Backflush

5.6.44 Internal Pipe Inspection

5.6.45 Obstruction Investigation

5.6.46 System Returned to Service

5.7 SEMI ANNUAL ELECTRONIC FIRE ALARM SYSTEM INSPECTIONS (all applicable semi-annual items in NFPA 72, which also include the below)

5.7.1 Testing of sprinkler waterflow switches (flow water)

5.7.2 Testing of sprinkler valve tamper switches (operate valves)

5.7.3 Test and visual inspection of system batteries

5.8 ANNUAL ELECTRONIC FIRE ALARM SYSTEM INSPECTIONS
(all applicable annual items in NFPA 72, which also include the below)

5.8.1 Test and visual inspection of panel functionality, LED’s, fuses, etc.

5.8.2 Test of all system sequences of operation in accordance with fire alarm drawing matrix

5.8.3 Test panel battery charger

5.8.4 Test and visual inspection of system batteries

5.8.5 Test and visual inspection of audible and visual notification devices

5.8.6 Test and visual inspection of smoke detectors

5.8.7 Test and visual inspection of heat detectors

5.8.8 Test and visual inspection of duct smoke detectors

5.8.9 Test and visual inspection of manual pull stations #12..
- 249 -
24 5.8.10 Test and visual inspection of electromechanical releasing devices (solenoids)

5.8.11 Test and visual inspection of voice evacuation equipment

5.8.12 Test and visual inspection of audio override of paging system notification system for proper system audibility (if equipped)

5.8.13 Test and visual inspection of all fireman’s communication equipment, fireman’s telephones and telephone jacks

5.8.14 Test and visual inspection of all fire alarm system printers, annunciators and display terminals

5.8.15 Test and visual inspection of all system outputs (door holder release, elevator recall, alternate recall, shunt trip, HVAC shutdown, etc.)

5.8.16 Test and visual inspection of one quarter (25%) of all building(s) Fire Smoke Dampers, so as to reach 100% completion every four (4) years.

5.8.17 Test and visual inspection of all monitoring communication equipment and verification of signals sent and received

5.8.18 Verification of device naming conventions in the fire alarm system versus their physical locations.

5. Deficiency Repairs

5.1.Contractor shall make provisions for labor, material, parts and equipment for the repair and replacement of any failed system parts or components, or the correction of any system deficiencies.

5.2.Contractor shall present corrections in a proposal format detailing projected costs.

5.3.All deficiency repair costs must be approved by the designated City representative(s) in advance of initiating any work (Task Order).

6. Fire Alarm System As-built Drawing Updates

6.1.Contractor shall perform redlining of as-built drawings during their inspections, indicating the correct locations of any electronic fire alarm system devices or fire smoke dampers that do not appear on the drawings in the manner in which they are installed.

At the end of the annual inspection cycle, these redlined drawings are to be updated in CAD, and a new master copy of the as-built drawings are to be provided along with any annual completion documentation.

7. Ceiling Tile Labeling of All In-Ceiling Dampers and Detectors

7.1.Contractor shall ensure that the T-Bar adjacent to ceiling tiles used to access in ceiling smoke detectors, duct smoke detectors or fire smoke dampers is appropriately labeled so as to indicate the type of device immediately above, and the address of such devices, if applicable.

1.3 CITY REPRESENTATIVE:

Work under any resulting contract shall be performed under the general technical guidance and direction of the City "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.
#12..
- 250 -
25 1.4 PREVAILING WAGES:

The payment of prevailing wages is required under this contract and all provisions of Section

7.04 of the General Provisions contained within the City standards shall apply.

1.5 CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Workers must be paid no less than the prevailing wage rate as published by the DIR, and Contractor shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.dir.ca.gov, or call the DIR, Labor Research and Statistics Unit, Prevailing Wage Unit at (415)-703-4774.

1.6 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389. The successful bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.6.1 CALIFORNIA CONTRACTORS LICENSE:

If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor’s license(s) at the time the bid is submitted. A contract shall not be awarded to a bidder that does not possess the appropriate Contractor’s license(s). The appropriate Contractor’s license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Bidder shall indicate his/her license(s) number and expiration date on the Pricing Schedule.

1.7 INSURANCE:

The CONTRACTOR 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 City Clerk 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 registered mail, return receipt requested, for all of the following stated insurance policies.

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and $2,000,000 policy aggregate.

The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations.
#12..
- 251 -
26 B. 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.

C. Workers' 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.

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 CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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 CONTRACTOR for the CITY.

The CONTRACTOR'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.

For any claims related to this project, the CONTRACTOR’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 Contractor’s insurance and shall not contribute with it.

CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

The successful bidder shall maintain proper insurance with the City for the duration of the contract.

1.8 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore #12..
- 252 -
27 and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

Suspension of work for any cause whatsoever shall not relieve the Contractor of his/her responsibility for the work or parts and materials as specified on the work request.

The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

1.9 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

1.10 EXPANSION OR REDUCTION OF AREA REQUIRING SERVICE:

A. The City reserves the right to expand or reduce the sites maintained by the Selected Proposer under any resulting contract at any time for reason of further expansion, new construction, or reduction.

B. City shall notify the Selected Proposer in writing thirty (30) calendar days prior to any type of change in service.

C. Any expansion or reduction in the contractual service area for City facilities shall also result in adjustment of the monthly payment. On a reduction of service, charges will be deducted on a pro-rata basis based on the quoted pricing.

1.11 CHARACTER OF WORKERS:

If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City job.

1.12 LABOR FORCE AND SUPERVISION:

The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this agreement is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the agreement.
#12..
- 253 -
28 1.13 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay.

1.14 CLEANUP:

Prior to requesting a final inspection, the Contractor shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the Contractor’s work from the work site, and shall dispose of all of the materials and debris in a proper manner. The work site shall be left clean and neat. All plant piping used to transport material from the work area shall be flushed at the completion of the work.

1.15 DISPOSAL OF MATERIALS:

The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations or ordinances. If requested by the City, Contractor shall furnish proof of disposal.

1.16 WARRANTY STATEMENT:

Bidder shall attach to his/her bid proposal a written statement detailing the materials and workmanship warranty, term and conditions.

The warranty statement shall be prepared on company letterhead and provided with the bid submittal.

Notwithstanding any other provisions of this bid, bidder warrants that the materials, supplies, or other services furnished shall be on the most suitable grade and exactly as specified in this bid.

Such warranty shall include the following; performance, workmanship, labor, materials, and bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this bid, bidder shall correct at their expense, such defects as are reported within thirty (30) days of final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto. #12..
- 254 -
29 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus two (2) copies of the signed original bid document and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST ONE (1) “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision is grounds for bid rejection.

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or his designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

A contract shall be awarded to the bidder whose bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
• Bid Acknowledgement (Signature)
• Pricing Schedule (Signature)
• Exceptions, Clarifications, Amendments (if applicable) • References
• Financial Interest Disclosure (Pg. 13 if applicable)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
• Warranty Statement
#12..
- 255 -
30 Failure to furnish any of these documents may result in disqualification.

2.1.3 BID PRESENTATION:

Bid submittals shall be presented in the order as listed in Section 2.1.2 Complete Bid Document.

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule and Bid Acknowledgement Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2021-75, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note on the Exception, Clarifications, Amendments page of the specification paragraph, your exception, and your recommendation.

The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the bidder is not in compliance with the specification, the bid may be rejected.

2.4 PRICING FORMAT:

All prices for labor, parts, materials and equipment shall be F.O.B. destination, Modesto, CA.

Any freight/delivery charges shall be included in the bidder’s unit price.

Unless otherwise stated, the bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.

2.5 PRICING SCHEDULE:

Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted.

2.6 AWARD OF BID:

Agreements may be awarded to more than one company in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

The City may elect to award by line item, by group, or by all items.

The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.

The City reserves the right to select that bid, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award a contract to the bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
#12..
- 256 -
31 2.7 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager. To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

2.8 TERM OF CONTRACT:

The term of the agreement shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of the City, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two (2) year of any agreement which may be awarded pursuant to this RFB.

B. Price increases for subsequent agreement years three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.9 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.10 FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.

2.11 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

2.12 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) #12..
- 257 -
32 business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager. To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

2.13 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause.

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/Purchasing Agreement referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

2.15 NON-DISCRIMINATION:

A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.

B. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

D. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, #12..
- 258 -
33 accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE

HANDICAPPED
By executing this agreement, the bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.

2.17 DRUG FREE WORKPLACE:

Bidder/Contractor certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded a contract/Purchasing Agreement or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

2.18 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto.
"Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal. "Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest . Procurements valued at $50,000 or less normally will not have an Announced Decision.

A. PROTEST PROCEDURES
#12..
- 259 -
34 1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED
PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor;
b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date; c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

City Clerk’s Office
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.
#12..
- 260 -
35 2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-

4.05. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
#12..
- 261 -
36 Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate #12..
- 262 -
37 federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto.

Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision.

In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.19 PAYMENT:
• Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.
• Electronic Payment Method:

The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract.

Notification of payments and required invoice information are issued to the supplier’s designed Accounts Receivable contact by email remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s Epay Program.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]

2.20 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. This Agreement may be modified, amended, changed, added to or subtracted from by the mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.
#12..
- 263 -
38 SAMPLE AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Contractor, hereinafter called

CONTRACTOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. XXX-XX_____ authorizing the award of bid and contract for the furnishing of Fire Safety System Services to Contractor, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Fire Safety System Services, as described in RFB No. 2021-75 – Fire Safety System Services, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish Fire Safety System Services insofar as such scope of services are specified in Exhibit “B”, and in strict accordance with the conditions of the complete Contract.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
#12..
- 264 -
39 c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. CONTRACTOR shall maintain proper insurance with the City for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following contracted rates, for an annual estimated amount $_________________ :

WHEREAS, CONTRACTOR shall provide services to CITY per pricing schedule, attached hereto as Exhibit "C" and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

2. PRICING SCHEDULE: (Exhibit D) subject to prevailing wages.

Prevailing Wages:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contacted within the City standards shall apply.

DIR Project ID #: XXXXX

3. CITY REPRESENTATIVE:

Contract Administrator is:
________________________ ____________________________
The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be #12..
- 265 -
40 effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

4. TERM OF CONTRACT:

The term of the agreement shall be for a period of two (2) years.

Year 1: Notice to Proceed through Month DD, YYYY
Year 2: Month DD, YYYY through Month DD, YYYY
Year 3: Month DD, YYYY through Month DD, YYYY
Year 4: Month DD, YYYY through Month DD, YYYY
Year 5: Month DD, YYYY through Month DD, YYYY
Pricing as set forth in Section 1.c. above shall remain firm for the first two (2) years of the contract.

This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in the form of an amendment to the Agreement.

5. LIABILITY INSURANCE:

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 #12..
- 266 -
41 CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' 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.
(d) Professional Liability - insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claim 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 CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of #12..
- 267 -
42 CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects 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 of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

CONTRACTOR shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONTRACTOR shall provide CITY with a Workers Compensation subrogation waiver #12..
- 268 -
43 by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONTRACTOR’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 CONTRACTOR’S insurance and shall not contribute with it.

6. PAYMENT:

CONTRACTOR shall invoice CITY monthly. Invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.

At a minimum invoice shall state the following:
▪ Reference Annual Agreement # XXXXX
▪ City department/division name and address
▪ Billing period
▪ Service hours worked day and week
▪ Unit price, extended price, sales tax and total
#12..
- 269 -
44 7. INDEMNITY:

8. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute #12..
- 270 -
45 or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management); and Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

Termination by City for Default of Contractor
Should Contractor 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 Contractor. 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 Contractor, dishonesty or theft. #12..
- 271 -
46 Termination by City for Convenience
The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding 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. The City shall provide no lessthan ten (10) calendar day’s written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor 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 Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors 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 subcontractors but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not #12..
- 272 -
47 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 may have been accumulated by the Contractor 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, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project. i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor 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 Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor 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 #12..
- 273 -
48 termination of the Work such as subcontractor 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 Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.

12. COMPLIANCE WITH ALL LAWS:

13. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
#12..
- 274 -
49 a. Resolution No. XXX-XX_______;
b. CONTRACTOR submittal;
c. RFB No. 2021-75 – Fire Safety System Services;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
#12..
- 275 -
50 16. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. WAIVER:

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this contract.

20. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR’S proposal are controlling and are deemed accepted by CONTRACTOR 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 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. #12..
- 276 -
51 21. PARTIAL INVALIDITY:

WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. XXXX-XX_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________,2022 and _____________________has caused this Agreement to be duly executed. #12..
- 277 -
52 CITY OF MODESTO, CONTRACTOR
A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________ By:_________________________________ FOR: STEHANIE LOPEZ, (Signature)
City Clerk
By:_________________________________
(SEAL) (Name & Title)

Date:_______________________________
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ,
City Attorney
By:_____________________________
JILES SMITH, Risk Manager
Signature Requirements
Corporation:

1.Signature of two (2) officers
or

2.Signature of one (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
#12..
- 278 -
Exhibit D #12..
- 279 -
#12..
- 280 -
#12..
- 281 -
#12..
- 282 -
#12..
- 283 -
#12..
- 284 -
#12..
- 285 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 1, 2022
Date: January 27, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: California Department of Resources, Recycling and Recovery (CalRecycle) Senate Bill 1383 (SB1383) Local Assistance Grant Program Resolution and CalRecycle SB1383 Grant Resolution
CONTACT: Vicki Rice, Recycling Program Coordinator 209-577-5495 [email protected] DESCRIPTION:

Consider authorizing staff to apply for the CalRecycle SB1383 Local Assistance Grant Programs as available; and authorizing staff to apply for any future CalRecycle SB1383 Grants. (Funding Source: CalRecycle)
STRATEGIC PLAN ELEMENT:

This item is in conformance with City of Modesto Strategic Plan Area: Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”; Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts”.

BACKGROUND:

The State of California adopted Senate Bill 1383 in an effort to reduce short-lived climate pollutants through diverting organic waste from landfill. SB 1383 mandates the reduction of organic waste landfilling by 75% and an increase of edible food recovery of 20% by 2025.

CalRecycle and the California Air Resources Board developed regulations to recycle organic waste, focusing on waste reduction, recovering edible food for those facing food insecurity, and composting.

SB 1383 is effective as of January 2022 but is the largest piece of California waste legislation in 20 years, requiring potential changes to collection methods, food donation programs, waste analysis, enforcement, tracking, and reporting. Further, implementation requires extensive public outreach and education to reach compliance.

Though these programs will be funded through SB 1383 fees collected on local garbage rates, CalRecycle is providing potential funding for early implementation through a non-competitive #13..
- 286 -
City Council, February 1, 2022
California Department of Resources, Recycling and Recovery (CalRecycle) Senate Bill 1383 (SB1383) Local Assistance Grant Program Resolution and CalRecycle SB1383 Grant Resolution

Page 2 of 3 ends

Local Assistance Grant Program. Each jurisdiction has been allocated a pre-determined amount based in population; Modesto qualifies for $288,641 to be spent between 2022 and 2024.

DISCUSSION:

The City of Modesto's Solid Waste Division uses grant funds to implement many of the waste reduction and recycling programs offered to City residents and businesses. Over the last 10 years, the City has received more than $2.5 million in grant funds for programs to recycle used oil and filters, beverage containers and waste tires, enforce waste tire disposal, as well as install playground surfacing, rubber sidewalks and playground equipment, assist local businesses with recycling efforts and conduct storm drain public education efforts.

Resolutions authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget are required with each grant package.

The attached resolutions will enable the Solid Waste Division to obtain the SB1383 Local Assistance Grant Program without delay and apply for any future SB1383 grants that come available.

This action will allow staff to apply for, accept payment, amend the annual budget, and authorize the City Manager or his designee to execute all related grant documents.

FISCAL IMPACT:

Any SB1383 grant funds received will be used to offset the internal expenses for education, outreach, equipment purchases, and program implementation of the unfunded SB1383 Shortlived Climate Pollutant Reduction mandate.

COMMITTEE RECOMMENDATION:

This action is administrative in nature, and has not been presented to Committee for recommendation.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Local Assistance Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.

Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
#13..
- 287 -
City Council, February 1, 2022
California Department of Resources, Recycling and Recovery (CalRecycle) Senate Bill 1383 (SB1383) Local Assistance Grant Program Resolution and CalRecycle SB1383 Grant Resolution

Page 3 of 3 ends

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution for SB1383 Local Assistance Grant

2. Resolution for future SB1383 Grants

3. SB1383 Local Assistance Grant Program FY 2021-22 Funding Estimates provided by CalRecycle
#13..
- 288 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING APPLICATIONS TO THE CALIFORNIA DEPARTMENT

OF RESOURCES, RECYCLING AND RECOVERY (CALRECYCLE) FOR SENATE BILL (SB 1383) LOCAL ASSISTANCE GRANT PROGRAMS, ACCEPTING

PAYMENT, AMENDING THE ANNUAL BUDGET, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL RELATED DOCUMENTS WHEREAS, pursuant to Public Resources Code § 48690 the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, has established the SB 1383 Local Assistance Grant Program to make payments to qualifying jurisdictions for implementation of the SB 1383 regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 Programs; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the SB 1383 Local Assistance Grant Program; and WHEREAS, CalRecycle’s procedures for administering the SB 1383 Local Assistance Grant Program require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the SB 1383 Local Assistance Grant Program.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto authorizes the submittal of a SB 1383 Local Assistance Grant Program application to CalRecycle.

BE IT FURTHER RESOLVED that the City Manager or his designee, is hereby authorized and empowered to execute in the name of the City of Modesto all documents, including but not limited to, applications, agreements, annual reports including expenditure reports and amendments necessary to secure said payments to support our implementation of the SB 1383 regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016. #13..
- 289 -
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 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
#13..
- 290 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING APPLICATIONS TO THE CALIFORNIA DEPARTMENT

OF RESOURCES, RECYCLING AND RECOVERY (CALRECYCLE) FOR SENATE BILL (SB1383) GRANT PROGRAMS, ACCEPTING PAYMENT, AMENDING THE

ANNUAL BUDGET, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE ALL RELATED DOCUMENTS
WHEREAS, pursuant to Public Resources Code § 48690 the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, has established the SB1383 Grant Program to make payments to qualifying jurisdictions for implementation of the SB1383 regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 programs, and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the SB 1383 Grant Program, and WHEREAS, CalRecycle’s procedures for administering the SB1383 Grant Program require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the SB1383 Grant Program.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto authorizes the submittal of a SB1383 Grant Program application to CalRecycle.

BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Modesto City Council.
#13..
- 291 -
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 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
#13..
- 292 -
State of California Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program FY 2021-22 - Funding Estimates Jurisdiction Name
Alameda
Alameda
Albany
Berkeley
Dublin
Emeryville
Fremont
Hayward
Livermore
Newark
Oakland
Piedmont
Pleasanton
San Leandro
Union City
Alameda County
Alpine
Alpine County
Amador
Amador
Ione
Jackson
Plymouth
Sutter Creek
Amador County
Butte
Biggs
Chico
Gridley
Oroville
Paradise
Butte County
Calaveras
Angels City
Calaveras County
Colusa
Colusa
Williams
Colusa County
Contra Costa
Antioch
Brentwood
Clayton
#13..
- 293 -
Concord
Danville
El Cerrito
Hercules
Lafayette
Martinez
Moraga
Oakley
Orinda
Pinole
Pittsburg
Pleasant Hill
Richmond
San Pablo
San Ramon
Walnut Creek
Contra Costa County
Del Norte
Crescent City
Del Norte County
El Dorado
Placerville
South Lake Tahoe
El Dorado County
Fresno
Clovis
Coalinga
Firebaugh
Fowler
Fresno
Huron
Kerman
Kingsburg
Mendota
Orange Cove
Parlier
Reedley
Sanger
San Joaquin
Selma
Fresno County
Glenn
Orland
Willows
Glenn County
Humboldt
#13..
- 294 -
Arcata
Blue Lake
Eureka
Ferndale
Fortuna
Rio Dell
Trinidad
Humboldt County
Imperial
Brawley
Calexico
Calipatria
El Centro
Holtville
Imperial
Westmorland
Imperial County
Inyo
Bishop
Inyo County
Kern
Arvin
Bakersfield
California City
Delano
Maricopa
McFarland
Ridgecrest
Shafter
Taft
Tehachapi
Wasco
Kern County
Kings
Avenal
Corcoran
Hanford
Lemoore
Kings County
Lake
Clearlake
Lakeport
Lake County
Lassen
Susanville
Lassen County
#13..
- 295 -
Los Angeles
Agoura Hills
Alhambra
Arcadia
Artesia
Avalon
Azusa
Baldwin Park
Bell
Bellflower
Bell Gardens
Beverly Hills
Bradbury
Burbank
Calabasas
Carson
Cerritos
Claremont
Commerce
Compton
Covina
Cudahy
Culver City
Diamond Bar
Downey
Duarte
El Monte
El Segundo
Gardena
Glendale
Glendora
Hawaiian Gardens
Hawthorne
Hermosa Beach
Hidden Hills
Huntington Park
Industry
Inglewood
Irwindale
La Canada Flintridge
La Habra Heights
Lakewood
La Mirada
Lancaster
La Puente
La Verne
#13..
- 296 -
Lawndale
Lomita
Long Beach
Los Angeles
Lynwood
Malibu
Manhattan Beach
Maywood
Monrovia
Montebello
Monterey Park
Norwalk
Palmdale
Palos Verdes Estates
Paramount
Pasadena
Pico Rivera
Pomona
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Rosemead
San Dimas
San Fernando
San Gabriel
San Marino
Santa Clarita
Santa Fe Springs
Santa Monica
Sierra Madre
Signal Hill
South El Monte
South Gate
South Pasadena
Temple City
Torrance
Vernon
Walnut
West Covina
West Hollywood
Westlake Village
Whittier
Los Angeles County
Madera
Chowchilla
#13..
- 297 -
Madera
Madera County
Marin
Belvedere
Corte Madera
Fairfax
Larkspur
Mill Valley
Novato
Ross
San Anselmo
San Rafael
Sausalito
Tiburon
Marin County
Mariposa
Mariposa County
Mendocino
Fort Bragg
Point Arena
Ukiah
Willits
Mendocino County
Merced
Atwater
Dos Palos
Gustine
Livingston
Los Banos
Merced
Merced County
Modoc
Alturas
Modoc County
Mono
Mammoth Lakes
Mono County
Monterey
Carmel-by-the-Sea
Del Rey Oaks
Gonzales
Greenfield
King City
Marina
Monterey
Pacific Grove
#13..
- 298 -
Salinas
Sand City
Seaside
Soledad
Monterey County
Napa
American Canyon
Calistoga
Napa
St Helena
Yountville
Napa County
Nevada
Grass Valley
Nevada City
Truckee
Nevada County
Orange
Aliso Viejo
Anaheim
Brea
Buena Park
Costa Mesa
Cypress
Dana Point
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
Laguna Beach
Laguna Hills
Laguna Niguel
Laguna Woods
La Habra
Lake Forest
La Palma
Los Alamitos
Mission Viejo
Newport Beach
Orange
Placentia
Rancho Santa Margarita
San Clemente
San Juan Capistrano
Santa Ana
#13..
- 299 -
Seal Beach
Stanton
Tustin
Villa Park
Westminster
Yorba Linda
Orange County
Placer
Auburn
Colfax
Lincoln
Loomis
Rocklin
Roseville
Placer County
Plumas
Portola
Plumas County
Riverside
Banning
Beaumont
Blythe
Calimesa
Canyon Lake
Cathedral City
Coachella
Corona
Desert Hot Springs
Eastvale
Hemet
Indian Wells
Indio
Jurupa Valley
Lake Elsinore
La Quinta
Menifee
Moreno Valley
Murrieta
Norco
Palm Desert
Palm Springs
Perris
Rancho Mirage
Riverside
San Jacinto
Temecula
#13..
- 300 -
Wildomar
Riverside County
Sacramento
Citrus Heights
Elk Grove
Folsom
Galt
Isleton
Rancho Cordova
Sacramento
Sacramento County
San Benito
Hollister
San Juan Bautista
San Benito County
San Bernardino
Adelanto
Apple Valley
Barstow
Big Bear Lake
Chino
Chino Hills
Colton
Fontana
Grand Terrace
Hesperia
Highland
Loma Linda
Montclair
Needles
Ontario
Rancho Cucamonga
Redlands
Rialto
San Bernardino
Twentynine Palms
Upland
Victorville
Yucaipa
Yucca Valley
San Bernardino County
San Diego
Carlsbad
Chula Vista
Coronado
Del Mar
#13..
- 301 -
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Diego
San Marcos
Santee
Solana Beach
Vista
San Diego County
San Francisco
City and County of San Francisco
San Joaquin
Escalon
Lathrop
Lodi
Manteca
Ripon
Stockton
Tracy
San Joaquin County
San Luis Obispo
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo
San Luis Obispo County
San Mateo
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
#13..
- 302 -
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
San Mateo County
Santa Barbara
Buellton
Carpinteria
Goleta
Guadalupe
Lompoc
Santa Barbara
Santa Maria
Solvang
Santa Barbara County
Santa Clara
Campbell
Cupertino
Gilroy
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Morgan Hill
Mountain View
Palo Alto
San Jose
Santa Clara
Saratoga
Sunnyvale
Santa Clara County
Santa Cruz
Capitola
Santa Cruz
Scotts Valley
Watsonville
Santa Cruz County
Shasta
Anderson
#13..
- 303 -
Redding
Shasta Lake
Shasta County
Sierra
Loyalton
Sierra County
Siskiyou
Dorris
Dunsmuir
Etna
Fort Jones
Montague
Mount Shasta
Tulelake
Weed
Yreka
Siskiyou County
Solano
Benicia
Dixon
Fairfield
Rio Vista
Suisun City
Vacaville
Vallejo
Solano County
Sonoma
Cloverdale
Cotati
Healdsburg
Petaluma
Rohnert Park
Santa Rosa
Sebastopol
Sonoma
Windsor
Sonoma County
Stanislaus
Ceres
Hughson
Modesto
Newman
Oakdale
Patterson
Riverbank
Turlock
#13..
- 304 -
Waterford
Stanislaus County
Sutter
Live Oak
Yuba City
Sutter County
Tehama
Corning
Red Bluff
Tehama
Tehama County
Trinity
Trinity County
Tulare
Dinuba
Exeter
Farmersville
Lindsay
Porterville
Tulare
Visalia
Woodlake
Tulare County
Tuolumne
Sonora
Tuolumne County
Ventura
Camarillo
Fillmore
Moorpark
Ojai
Oxnard
Port Hueneme
San Buenaventura
Santa Paula
Simi Valley
Thousand Oaks
Ventura County
Yolo
Davis
West Sacramento
Winters
Woodland
Yolo County
Yuba
Marysville
#13..
- 305 -
Wheatland
Yuba County
Special Districts
Almonte Sanitary District
Alto Sanitary District
Armona Community Services District
Athens/Woodcrest/Olivita Garbage Disposal District
Avila Beach Community Services District
Bear Valley Community Services District
Bell Canyon Community Services District
Belvedere Garbage Disposal District
Big Bear City Community Services District
Biola Community Services District
Bolinas Community Public Utility District
Bryon Sanitary District
California Pines Community Services District
Cambria Community Services District
Cameron Park Community Services District
Capistrano Bay Community Services District
Castro Valley Sanitary District
Cayucos Sanitary District
Channel Islands Beach Community Services District
Chester Public Utility District
Costa Mesa Sanitary District
De Luz Community Services District
Del Rey Community Services District
El Dorado Hills Community Services District
Florence/Firestone/Willowbrook Garbage Disposal District Granada Community Services District
Ground Squirrel Hollow Community Services District
Heber Public Utility District
Helendale Community Services District
Heritage Ranch Community Services District
Home Garden Community Services District
Homestead Valley Sanitary District
Kensington Community Services District
Kettleman City Community Services District
Kirkwood Meadows Public Utility District
Las Gallinas Sanitary District
Lennox Garbage Disposal District
Los Osos Community Services District
Malibu Garbage Disposal District
Marin City Community Services District
McCloud Community Services District
Mesa Heights Garbage Disposal District
Midway City Sanitary District
#13..
- 306 -
Montara Water and Sanitary District
Mountain House Community Services District
Mt. View Sanitary District
Nipomo Community Services District
Novato Sanitary District
Oceano Community Services District
Oro Loma Sanitary District
Pebble Beach Community Services District
Phelan Pinon Hills Community Services District
Rancho Murieta Community Services District
Rodeo Sanitary District
Rubidoux Community Services District
San Miguel Community Services District
San Simeon Community Services District
Santa Lucia Community Services District
Sierra Resource Conservation District
Squaw Valley Public Services District
Stallian Springs Community Services District
Stinson Beach County Water District
Stratford Irrigation District
Strawberry Recreation District
Sunset Beach Sanitary District
Tamalpais Community Services District
Templeton Community Services District
Walnut Park Garbage Disposal District
West Bay Sanitary District
Woodbridge Sanitary District
Wrightwood Community Services District
NOTE: Funding amounts are subject to change depending on the applicant pool. #13..
- 307 -
Estimated Funding Amount $ 107,107 $ 23,390 $ 154,162 $ 85,874 $ 20,000 $ 308,243 $ 208,367 $ 120,658 $ 65,104 $ 572,229 $ 20,000 $ 103,811 $ 115,507 $ 96,476 $ 193,767 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 29,247 $ 20,000 $ 147,249 $ 20,000 $ 24,450 $ 20,000 $ 78,947 $ 20,000 $ 54,793 $ 20,000 $ 20,000 $ 20,000 $ 149,030 $ 87,712 $ 20,000 Resources Recycling and Recovery
FY 2021-22 - Funding Estimates
#13..
- 308 -
$ 170,572 $ 58,607 $ 33,609 $ 34,944 $ 34,280 $ 49,323 $ 23,082 $ 57,281 $ 26,044 $ 26,425 $ 98,731 $ 45,789 $ 145,465 $ 41,734 $ 111,014 $ 94,559 $ 229,790 $ 20,000 $ 28,128 $ 20,000 $ 31,710 $ 212,284 $ 160,816 $ 22,988 $ 20,000 $ 20,000 $ 718,149 $ 20,000 $ 22,161 $ 20,000 $ 20,000 $ 20,000 $ 21,781 $ 35,237 $ 36,897 $ 20,000 $ 33,138 $ 224,077 $ 20,000 $ 20,000 $ 20,589 #13..
- 309 -
$ 23,199 $ 20,000 $ 35,271 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 92,349 $ 36,862 $ 54,121 $ 20,000 $ 60,038 $ 20,000 $ 27,632 $ 20,000 $ 50,713 $ 20,000 $ 20,222 $ 29,894 $ 522,229 $ 20,000 $ 68,004 $ 20,000 $ 20,000 $ 39,832 $ 27,841 $ 20,000 $ 20,000 $ 36,191 $ 418,635 $ 20,000 $ 27,877 $ 79,691 $ 36,183 $ 44,202 $ 20,000 $ 20,000 $ 60,269 $ 20,000 $ 20,489 #13..
- 310 -
$ 27,852 $ 114,155 $ 76,647 $ 22,642 $ 20,000 $ 66,058 $ 100,616 $ 48,657 $ 102,613 $ 56,413 $ 44,827 $ 20,000 $ 137,384 $ 32,947 $ 121,251 $ 66,663 $ 47,854 $ 20,000 $ 129,260 $ 65,070 $ 32,171 $ 53,229 $ 75,410 $ 147,163 $ 29,164 $ 153,774 $ 22,872 $ 80,167 $ 268,364 $ 68,620 $ 20,000 $ 115,127 $ 26,533 $ 20,000 $ 78,322 $ 20,000 $ 145,503 $ 20,000 $ 27,507 $ 20,000 $ 106,233 $ 64,805 $ 212,672 $ 53,599 $ 44,414 #13..
- 311 -
$ 43,923 $ 27,818 $ 614,483 $ 5,146,762 $ 92,674 $ 20,000 $ 47,003 $ 37,313 $ 51,490 $ 83,538 $ 80,214 $ 139,252 $ 205,724 $ 20,000 $ 73,420 $ 191,601 $ 83,856 $ 199,487 $ 55,506 $ 88,220 $ 20,000 $ 20,000 $ 72,147 $ 45,619 $ 33,488 $ 53,412 $ 20,000 $ 291,629 $ 24,799 $ 122,956 $ 20,000 $ 20,000 $ 28,953 $ 127,658 $ 34,687 $ 48,533 $ 190,979 $ 20,000 $ 40,152 $ 139,514 $ 48,402 $ 20,000 $ 114,074 $ 1,344,338 $ 23,751 #13..
- 312 -
$ 87,811 $ 99,353 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,105 $ 71,172 $ 20,000 $ 20,000 $ 78,425 $ 20,000 $ 20,000 $ 88,750 $ 24,678 $ 20,000 $ 20,000 $ 21,385 $ 20,000 $ 77,432 $ 42,743 $ 20,000 $ 20,000 $ 21,283 $ 57,247 $ 120,336 $ 122,103 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 25,157 $ 20,665 $ 29,771 $ 38,247 $ 21,398 #13..
- 313 -
$ 211,143 $ 20,000 $ 43,151 $ 33,095 $ 141,034 $ 28,305 $ 20,000 $ 105,156 $ 20,000 $ 20,000 $ 31,694 $ 20,000 $ 20,000 $ 22,286 $ 86,817 $ 66,355 $ 464,620 $ 60,222 $ 108,080 $ 148,941 $ 64,673 $ 44,551 $ 73,096 $ 183,895 $ 227,236 $ 259,236 $ 357,197 $ 30,525 $ 41,776 $ 86,494 $ 22,054 $ 83,399 $ 111,899 $ 21,275 $ 20,000 $ 124,465 $ 113,640 $ 181,187 $ 68,139 $ 64,217 $ 85,047 $ 47,977 $ 435,636 #13..
- 314 -
$ 33,080 $ 52,924 $ 105,959 $ 20,000 $ 120,986 $ 90,006 $ 168,623 $ 20,000 $ 20,000 $ 66,107 $ 20,000 $ 93,447 $ 193,659 $ 151,345 $ 20,000 $ 22,253 $ 43,297 $ 70,123 $ 25,359 $ 20,000 $ 20,000 $ 71,811 $ 63,747 $ 223,273 $ 40,481 $ 89,718 $ 111,882 $ 20,000 $ 121,189 $ 142,798 $ 85,962 $ 55,120 $ 131,767 $ 275,699 $ 152,078 $ 35,263 $ 71,705 $ 63,654 $ 104,606 $ 25,678 $ 426,367 $ 68,265 $ 148,929 #13..
- 315 -
$ 49,567 $ 512,410 $ 116,192 $ 234,644 $ 108,968 $ 35,275 $ 20,000 $ 105,504 $ 677,363 $ 775,495 $ 55,302 $ 20,000 $ 27,239 $ 47,119 $ 98,537 $ 32,768 $ 20,000 $ 116,681 $ 109,437 $ 72,106 $ 281,624 $ 20,000 $ 127,002 $ 73,237 $ 33,673 $ 52,957 $ 20,000 $ 239,733 $ 230,718 $ 94,345 $ 135,545 $ 284,703 $ 40,325 $ 103,997 $ 167,814 $ 73,990 $ 30,309 $ 399,624 $ 152,509 $ 360,981 $ 30,344 $ 20,000 #13..
- 316 -
$ 136,432 $ 82,718 $ 199,971 $ 37,449 $ 79,162 $ 35,575 $ 83,321 $ 232,847 $ 65,205 $ 1,851,693 $ 127,328 $ 75,519 $ 20,000 $ 136,465 $ 654,514 $ 1,148,659 $ 20,000 $ 38,405 $ 91,193 $ 115,547 $ 22,390 $ 421,873 $ 130,344 $ 205,221 $ 24,046 $ 39,874 $ 41,776 $ 20,000 $ 20,000 $ 20,000 $ 61,430 $ 152,516 $ 20,000 $ 35,739 $ 20,000 $ 40,036 $ 20,000 $ 143,457 $ 40,828 $ 44,096 $ 20,000 $ 20,000 #13..
- 317 -
$ 46,697 $ 30,544 $ 50,717 $ 20,000 $ 112,744 $ 59,958 $ 40,125 $ 136,172 $ 89,074 $ 20,000 $ 86,116 $ 20,000 $ 20,000 $ 43,436 $ 20,000 $ 56,754 $ 123,070 $ 141,943 $ 20,000 $ 175,921 $ 55,495 $ 77,953 $ 75,255 $ 41,038 $ 20,000 $ 41,465 $ 100,259 $ 20,000 $ 63,156 $ 109,638 $ 89,759 $ 1,351,654 $ 172,504 $ 41,085 $ 202,777 $ 113,337 $ 20,000 $ 74,674 $ 20,000 $ 68,392 $ 173,817 $ 20,000 #13..
- 318 -
$ 121,312 $ 20,000 $ 85,910 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 32,777 $ 36,580 $ 27,511 $ 155,794 $ 20,000 $ 38,902 $ 129,609 $ 155,585 $ 25,109 $ 20,000 $ 20,000 $ 20,000 $ 81,164 $ 56,742 $ 226,233 $ 20,000 $ 20,000 $ 37,555 $ 176,916 $ 65,159 $ 20,000 $ 288,641 $ 20,000 $ 31,499 $ 31,586 $ 34,059 $ 99,153 #13..
- 319 -
$ 20,000 $ 149,247 $ 20,000 $ 93,849 $ 28,756 $ 20,000 $ 20,000 $ 20,000 $ 57,380 $ 20,000 $ 35,800 $ 20,000 $ 20,000 $ 20,000 $ 79,153 $ 91,843 $ 183,663 $ 20,000 $ 189,464 $ 20,000 $ 64,993 $ 92,449 $ 21,754 $ 48,213 $ 20,000 $ 269,467 $ 31,678 $ 139,281 $ 41,275 $ 164,270 $ 165,527 $ 122,004 $ 91,907 $ 71,803 $ 20,000 $ 80,999 $ 34,653 $ 20,000 #13..
- 320 -
$ 20,000 $ 84,432 $ 20,000 $ 20,000 $ 20,000 $ 60,125 $ 20,000 $ 20,000 $ 20,000 $ 192,365 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,104 $ 20,000 $ 72,214 $ 20,000 $ 20,000 $ 20,000 $ 156,658 $ 20,000 $ 20,000 $ 60,042 $ 160,804 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 40,369 $ 35,046 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 25,625 $ 131,428 #13..
- 321 -
$ 20,000 $ 33,154 $ 39,798 $ 24,861 $ 70,691 $ 20,000 $ 178,084 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 49,550 $ 20,000 $ 20,000 $ 20,000 $ 656,807 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 23,529 $ 73,158 $ 20,000 $ 20,000 pending on the applicant pool.
#13..
- 322 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 1, 2022
January 10, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Second Amendment to the Agreement with Todd Groundwater for the Preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin
CONTACT: Miguel Alvarez, Associate Engineer, [email protected], 209-577-5348 DESCRIPTION:

Consider approving a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin, in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and amending the FY 2021/22 Multi-Year Program Budget in the amount of $70,000. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

On May 7, 2014, the Stanislaus and Tuolumne Rivers Groundwater Basin Association (STRGBA)1 issued a Request for Qualifications to update their Groundwater Management Plan.

Through the STRGBA selection process, Todd Groundwater was selected. The update of a Groundwater Management Plan was put on hold to incorporate the new requirements from the Groundwater Sustainability Management Act (SGMA)2.

In September of 2014, Governor Edmund G. Brown signed into law SGMA, which changed the method for groundwater management. SGMA is a comprehensive three-bill package that sets the framework for statewide sustainable groundwater management by local agencies. SGMA requires that a Groundwater Sustainability Agency (GSA) be formed for all groundwater basins 1 Stanislaus & Tuolumne Rivers Groundwater Basis Association (STRGBA) - https://www.strgba.org/ 2 Sustainable Groundwater Management Act (SGMA) - https://water.ca.gov/programs/groundwatermanagement/sgma-groundwater-management #14..
- 323 -
City Council, February 1, 2022
Second Amendment to the Agreement with Todd Groundwater for the Preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin

Page 2 of 4 ends

designated by the Department of Water Resources (DWR)3 as high priority basins, which includes the Modesto Subbasin.

STRGBA member agencies include the cities of Oakdale, Riverbank, Modesto, and Waterford; Stanislaus County; Oakdale Irrigation District; and Modesto Irrigation District. Since its inception in 1994, STRGBA has provided a forum for local agencies to work cooperatively to provide for coordinated planning in the pursuit of effective and sustainable management of the Modesto Subbasin.

On January 24, 2017, by Resolution No. 2017-030, Council authorized a GSA Memorandum of Understanding (MOU) with the STRGBA member agencies and approved the formation of the GSA for the Basin. Per the MOU (Section 4.3.4), the STRGBA can designate a party that will enter into contracts, and approve all amendments thereto, for and on behalf of the STRGBA GSA, necessary to carry out the powers and duties of the STRGBA GSA.

On February 28, 2017, the STRGBA submitted a GSA formation notice to DWR, and is now recognized by DWR as one of two GSAs for the Modesto Subbasin, Tuolumne GSA being the second GSA.

On August 24, 2017, STRGBA GSA authorized Todd Groundwater to develop and submit a grant application package to DWR 2017 Proposition 1 Round 2 Sustainable Groundwater Planning Grant Program (Round 2 Grant) to help fund the preparation of the GSP. Todd Groundwater’s cost estimate to prepare and submit the GSP was $1,469,296. STRGBA GSA also authorized the City to be the grant applicant and act as the contracting agency with Todd Groundwater.

On September 26, 2017, by Resolution No. 2017-370, Council authorized the submittal of an application to DWR for the Round 2 Grant, and authorized the City Manager, or his designee, to execute all grant-related documents.

On April 4, 2018, the City, on behalf of the STRGBA GSA, received a notice of award for the Round 2 Grant Award for $1,000,000, which covered 68% of the GSP preparation cost. The balance of the GSP cost ($1,469,296) minus the grant amount, ($1,000,000) or $469,296, was divided equally among the agencies that made up the STRGBA GSA. The STRGBA GSA members entered into a cost sharing agreement to provide funding for costs in excess of the grant amount. The governing boards for each local agency authorized the execution of the cost sharing agreement.

On August 14, 2018, by Resolution No. 2018-340, the City entered in to an agreement with Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin in the amount of $1,469,296.

At the August 14, 2019, STRBGA GSA meeting, the City was appointed to be the lead applicant on behalf of the GSA for the Proposition 1 Sustainable Groundwater Management Grant Program Planning (Round 3 Grant). As the lead applicant, the City is required to enter into Grant Agreements with the DWR, if awarded.
3 California Department of Water Resources - https://water.ca.gov/ #14..
- 324 -
City Council, February 1, 2022
Second Amendment to the Agreement with Todd Groundwater for the Preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin

Page 3 of 4 ends

On September 9, 2019, DWR opened the Round 3 Grant. On October 22, 2019, by Resolution No. 2019-480, Council authorized the submittal of an application on behalf of the STRGBA GSA to DWR to obtain a Grant Under the Round 3 Grant, and to enter into an agreement to receive a grant for the STRGBA GSA Modesto Subbasin Monitoring Network Augmentation Project, and authorized the City Manager, or designee, to execute all grant-related documents, prepare the necessary data, conduct investigations, file such application, and execute a grant agreement with DWR to receive grant funds, if awarded, and authorizing the City Manager, or his designee, to be the signatory of grant invoice forms during requests for reimbursements.

On March 13, 2020, the City, on behalf of the STRGBA GSA, received a notice of award for the Round 3 Grant Award for $1,000,000, which covered 100% of the first amendment increase with Todd Groundwater for GSP preparation cost. The Grant provided funds for grant administration and to install monitoring wells within the various City of Modesto water service areas and key locations to monitor water quality and static water levels to better manage groundwater sustainability throughout the Modesto Subbasin.

On June 9, 2020, by Resolution No. 2020-256, Council approved a first amendment to the agreement with Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin.

DISCUSSION:

SGMA requires that a Groundwater Sustainability Plan (GSP) be prepared for high priority basins. The Modesto Subbasin will be submitting the GSP to DWR prior to the January 31, 2022 Deadline. SGMA also requires GSAs to submit annual reports to DWR each April 1st following adoption of a groundwater sustainability plan. The Modesto Subbasin’s first annual report is due April 1, 2022, and will cover the period from October 1, 2015 through September 30, 2021.

On January 31, 2022 the STRGBA GSA members will approve a Resolution approving the proposed scope and cost of $220,015 to prepare the First Annual Report and update of the Model, amending the existing agreement with Todd Groundwater. The City will use the $146,929 in contingency funds previously collected for the GSP development. Additionally, an additional cost share request will be made in the amount of $9,136 from each of the 8 agencies, equaling $73,088, to cover the total scope cost of $220,015.

The proposed action complies with State legislation known as the “Sustainable Groundwater Management Act” which mandates the submittal of annual reports to DWR each April 1 following adoption of the GSP. The STRGBA GSA members have agreed to enter into a cost sharing agreement to provide funding for costs for the preparation of the Annual Report and Groundwater Model Update for the Modesto Subbasin. The governing board for each local agency will authorize the execution of the cost sharing agreement.

FISCAL IMPACT:

The total cost of the Annual Report and Groundwater Model Update will be $220,015. As referenced above, a cost share reimbursement agreement to address the amount of $220,015 will be established as follows:
#14..
- 325 -
City Council, February 1, 2022
Second Amendment to the Agreement with Todd Groundwater for the Preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin

Page 4 of 4 ends

Agency Share Cost Share
City of Oakdale 12.50% $27,502
City of Riverbank 12.50% $27,502
City of Modesto 12.50% $27,501
City of Waterford 12.50% $27,502
Stanislaus County 12.50% $27,502
Tuolumne County
To be paid by Stanislaus County 12.50% $27,502
Oakdale Irrigation District 12.50% $27,502
Modesto Irrigation District 12.50% $27,502
100% $220,015
As lead agency, the City of Modesto has established a multi-year project account to track all revenue and expenses associated with this project.

Expenses associated with the agreement with Todd Groundwater will be captured in the following multi-year project:
101131 - GSP Modesto Sub-Basin
ANTICIPATED EXPENDITURES:

Todd Groundwater
Agreement $1,469,296
First Amendment to Agreement
Second Amendment to Agreement
$1,000,000
$220,015
Engineering/Design/Administration Support - City Staff $70,000 $2,759,311
COMMITTEE RECOMMENDATION:

The approval and adoption of the Modesto Subbasin GSP was presented to the Economic Development Committee on November 11, 2021 and forwarded to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater, for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and authorizing the City Manager, or his designee, to execute the Amendment.

Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $70,000 to be transferred into the Project from Water Fund Reserves in order to fully fund the GSP Modesto Sub-Basin Project and authorizing the City Manager, or his designee to implement the provisions of this resolution.
#14..
- 326 -
City Council, February 1, 2022
Second Amendment to the Agreement with Todd Groundwater for the Preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin

Page 5 of 4 ends

Approved by:

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

1. Resolutions (2)

2. Todd Groundwater - Agreement

3. Todd Groundwater - First Amendment

4. Todd Groundwater - Second Amendment
#14..
- 327 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING A SECOND AMENDMENT TO THE
AGREEMENT WITH DAVID KEITH TODD CONSULTING ENGINEERS, INC.,

DBA TODD GROUNDWATER, FOR THE PREPARATION OF A

GROUNDWATER SUSTAINABILITY PLAN AND RELATED TECHNICAL
STUDIES FOR THE MODESTO SUBBASIN IN THE AMOUNT OF $220,015

FOR THE IDENTIFIED SCOPE OF SERVICES, FOR AN AMENDED TOTAL NOT TO EXCEED $2,689,311 AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on August 14, 2018, per Resolution No. 2018-340, Council approved an agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the GSP Modesto Subbasin Project, in an amount not to exceed $1,469,296, and
WHEREAS, on August 14, 2019 the City was appointed lead applicant on behalf of the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency (STRGBA GSA), and
WHEREAS, on June 9, 2020, per Resolution No. 2020-256, Council approved a first amendment to agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the GSP Modesto Subbasin Project, in the amount of $1,000,000, and
WHEREAS, the Groundwater Sustainability Act requires GSAs to submit annual reports to the Department of Water Resources each April following adoption of a groundwater sustainability plan, and
#14..
- 328 -
2 WHEREAS, the Modesto Subbasin’s first annual report is due April 1, 2022, and will cover the period from October 1, 2015 through September 30, 2021, and WHEREAS, the total cost of the Annual Report and Groundwater Model Update will be $220,015, and
WHEREAS, the STRGBA GSA members have agreed to enter into a cost sharing agreement to provide funding for the costs associated with the preparation of the Annual Report and Groundwater Model Update for the Modesto Subbasin.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater, in the amount of $220,015 for the identified scope of services, for a revised total amount not to exceed $2,689,311.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the amendment 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 1st day of February 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:
#14..
- 329 -
3 AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY:

JOSE M. SANCHEZ, City Attorney
#14..
- 330 -
1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2021/22 MULTI-YEAR
PROGRAM BUDGET IN THE AMOUNT OF $70,000 TO BE TRANSFERRED INTO THE PROJECT (101131) FROM WATER FUND RESERVES IN ORDER

TO FULLY FUND THE GSP MODESTO SUB-BASIN PROJECT AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $70,000, in order to fully fund the GSP Modesto Sub-Basin Project, 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 $70,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #14..
- 331 -
2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st of February 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
#14..
- 332 -
#14..
- 333 -
#14..
- 334 -
#14..
- 335 -
#14..
- 336 -
#14..
- 337 -
#14..
- 338 -
#14..
- 339 -
#14..
- 340 -
#14..
- 341 -
#14..
- 342 -
#14..
- 343 -
#14..
- 344 -
#14..
- 345 -
#14..
- 346 -
#14..
- 347 -
#14..
- 348 -
#14..
- 349 -
#14..
- 350 -
#14..
- 351 -
#14..
- 352 -
#14..
- 353 -
#14..
- 354 -
#14..
- 355 -
#14..
- 356 -
#14..
- 357 -
#14..
- 358 -
#14..
- 359 -
#14..
- 360 -
#14..
- 361 -
#14..
- 362 -
#14..
- 363 -
#14..
- 364 -
#14..
- 365 -
#14..
- 366 -
#14..
- 367 -
#14..
- 368 -
#14..
- 369 -
#14..
- 370 -
#14..
- 371 -
#14..
- 372 -
#14..
- 373 -
#14..
- 374 -
#14..
- 375 -
#14..
- 376 -
#14..
- 377 -
#14..
- 378 -
#14..
- 379 -
#14..
- 380 -
#14..
- 381 -
#14..
- 382 -
#14..
- 383 -
#14..
- 384 -
#14..
- 385 -
#14..
- 386 -
#14..
- 387 -
#14..
- 388 -
#14..
- 389 -
#14..
- 390 -
#14..
- 391 -
#14..
- 392 -
#14..
- 393 -
#14..
- 394 -
#14..
- 395 -
#14..
- 396 -
#14..
- 397 -
#14..
- 398 -
#14..
- 399 -
#14..
- 400 -
#14..
- 401 -
#14..
- 402 -
#14..
- 403 -
#14..
- 404 -
#14..
- 405 -
#14..
- 406 -
#14..
- 407 -
#14..
- 408 -
#14..
- 409 -
#14..
- 410 -
#14..
- 411 -
#14..
- 412 -
#14..
- 413 -
#14..
- 414 -
#14..
- 415 -
#14..
- 416 -
#14..
- 417 -
#14..
- 418 -
#14..
- 419 -
#14..
- 420 -
-1-

SECOND AMENDMENT TO AGREEMENT FOR THE PREPARATION OF A

GROUNDWATER SUSTAINABILITY PLAN AND RELATED TECHNICAL STUDIES

FOR THE MODESTO SUBBASIN
This Second Amendment to Agreement for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DAVID KEITH TODD CONSULTING ENGINEERS, INC., DBA TODD GROUNDWATER, a California corporation (“Consultant”), entered into by the parties on the 14th day of August, 2018, hereinafter referred to as “Original Agreement”.

This Second Amendment to the Original Agreement for Consultant Services is made with regard to the following recitals:

A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2018-340.

B. The First Amendment to the Original Agreement was approved via Council Resolution No. 2020-256, identifying various additional tasks and increasing the Original Agreement’s contract price by ONE MILLION AND 00/100 DOLLARS ($1,000,000).

C. On or about December 15, 2021, Consultant submitted to the City a budget augmentation for further, additional tasks requested by the City for the completion of work related to the Preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin. Said document is attached hereto as Exhibit “2” and incorporated herein by this reference. Exhibit “2” identifies additional tasks to be performed by Consultant and Consultant’s additional costs for such tasks for a total of TWO HUNDRED TWENTY THOUSAND FIFTEEN AND 00/100 DOLLARS ($220,015).
#14..
- 421 -
-2-
C. Paragraph no. 9 “AMENDMENTS” of the Original Agreement acknowledges the parties understand it may become desirable or necessary for City or Consultant to modify the scope of services provided for under the Agreement and any such modification must be in writing signed by both parties.

D. The parties to this Second Amendment understand and agree that it is necessary to further modify paragraph no. 1 entitled “SCOPE OF SERVICES” of the Original Agreement.

E. The parties to this Second Amendment understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” of the Original Agreement.

F. The parties to this Second Amendment further understand and agree the Original Agreement is modified solely by the modifications contained in the First Amendment to Agreement and to this Second Amendment and in no other way whatsoever.

NOW, THEREFORE, in consideration of this Second Amendment to Agreement, and the mutual promises, covenants, and stipulations contained herein, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Paragraph 1 entitled “SCOPE OF SERVICES” of the Original Agreement shall be deleted and the parties agree to and hereby do substitute the following in its place:

SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the (a) Original Agreement and referred to therein as Exhibit “A” or #14..
- 422 -
-3-
“Project”; (b) First Amendment to Agreement and referred to therein as Exhibit “1”; and (c) Second Amendment to Agreement and referred to herein as Exhibit “2”.

The Consultant shall perform the services as described in the aforementioned Exhibit “A”, Exhibit “1,” and Exhibit “2” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A”, Exhibit “1”, and Exhibit “2” that is acceptable to City. The aforementioned Exhibit “A”, Exhibit “1”, and Exhibit “2” are incorporated herein by this reference.

3. Paragraph no. 3 entitled “COMPENSATION” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:

COMPENSATION.

Consultant agrees to perform the work on a time and materials basis not to exceed TWO MILLION SIX HUNDRED EIGHTY-NINE THOUSAND THREE HUNDRED ELEVEN AND 00/100 DOLLARS
($2,689,311) (maximum compensation) for performing all services and furnishing all staffing and materials called for in Exhibits “A” and “B” to the Original Agreement, Exhibit “1” attached to the First Amendment to Agreement and Exhibit “2” attached to this Second Amendment to the Agreement, as well as for performance by Consultant of all duties and obligations under the Original Agreement, the First Amendment to Agreement and to this Second Amendment to the Agreement. #14..
- 423 -
-4-
The compensation shall be paid pursuant to and in the manner and at the time set forth below:

Professional services received by the City under the Original Agreement, the First Amendment to Agreement and to this Second Amendment to the Agreement shall be paid for on a “time and materials” basis with a “not to exceed” amount, as called for in Exhibits “A” and “B” of the Original Agreement, Exhibit “1” of the First Amendment to Agreement and Exhibit “2” to this Second Amendment to the Agreement. Consultant shall prepare and City agrees to pay Consultant on time and materials for monthly billings, which include detailed tasks, hours worked, and billable rates for work completed. The local agency shall reimburse the CONSULTANT for actual costs (additional reimbursable expenses including, labor costs, employee benefits, overhead, sub-consultant travel expenses and other direct costs) incurred by the CONSULTANT in performance of the work called for in Exhibits “A” and “B” of the Original Agreement, Exhibit “1” of the First Amendment to Agreement and Exhibit “2” to this Second Amendment to the Agreement on the monthly billings, which include detailed receipts for actual costs paid by CONSULTANT in the interest of the Project. 4. Except as herein amended or modified, the provisions of the Original Agreement and First Amendment to the Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this Second Amendment.
#14..
- 424 -
-5-
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Second Amendment to Agreement for Consultant Services 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 DAVID KEITH TODD CONSULTING ENGINEERS, INC., DBA TODD GROUNDWATER has caused this Second Amendment to Agreement to be duly executed in duplicate.
#14..
- 425 -
2490 Mariner Square Loop, Suite 215 | Alameda, CA 94501 | 510 747 6920 | toddgroundwater.com December 15, 2021

MEMORANDUM
To: Stanislaus and Tuolumne Rivers Groundwater Basin Authority Groundwater Sustainability Agency (STRGBA GSA)
Miguel Alvarez, City of Modesto
From: Phyllis Stanin, Vice President/Principal Geologist, Todd Groundwater Liz Elliott, Senior Hydrogeologist, Todd Groundwater
Ali Taghavi, Principal, Woodard & Curran
Re: Proposal – Preparation of First Annual Report
Modesto Subbasin Groundwater Sustainability Plan (GSP)
At the request of the STRGBA GSA, Todd Groundwater and Woodard & Curran are pleased to provide this proposal to prepare the First Annual Report for the Modesto Subbasin GSP.

The Modesto Subbasin is required to submit their adopted GSP to the Department of Water Resources (DWR) by January 31, 2022. Annual Reports are due to DWR “by April 1 of each year following the adoption of the Plan” (§356.2). Accordingly, the 2021 Annual Report is due to DWR by April 1, 2022, only two months after submittal of the GSP.

The reporting period for GSP Annual Reports is the preceding water year. As such, the First Annual Report will be for Water Year (WY) 2021, which is from October 2020 through September 2021. DWR recognizes that the First Annual Report will cover a reporting period that occurs before the GSP is adopted. Nonetheless, DWR requests that data in the GSP be updated through September 2021 so that future annual reports build on continuous and consistent data sets, to the extent available.
1 APPROACH
The First Annual Report builds on the data and monitoring network that are being developed for the GSP. Accordingly, there are some efficiencies in meeting the expedited report deadline by initiating the work prior to GSP submittal. We envision working cooperatively with the GSA to compile and incorporate information that is either currently available or being collected as part of GSP implementation.

Preparation of the First Annual Report will follow regulatory guidance as provided in Article 7 of the GSP regulations (§ 356). Reporting standards for Annual Report data are provided in Article 3 (§352.4) and reporting provisions can be found in Article 4 (§353.4).

EXHIBIT 2
#14..
- 426 -
Proposal – First GSP Annual
Report, Modesto Subbasin 2 TODD GROUNDWATER
Although Annual Reports are designed to describe conditions primarily from the preceding water year, the First Annual Report will require more than a years’ worth of water budget analyses to “bridge” the period between the end of the GSP Study Period (WY 2015) and the Annual Report period (WY 2021). Annual Report regulations require that water budget analyses (i.e., change in groundwater in storage) use “historical data to the greatest extent available, including from January 1, 2015, to the current reporting year” (§356.2 (b)(1)(B) and §356.2 (b)(5)(B)). Analyses conducted for the GSP Study Period, from WY 1991 to WY 2015, can be used to satisfy the requirement of “historical data to the greatest extent available.” An update of the water budget analysis is required for WY 2016 through WY 2021 (6 years). Regulations also require historical and updated data to be presented on hydrographs from wells in the GSP monitoring network.

Additional data, including groundwater extraction, surface water supplies, and total water use, are required for the preceding water year, but not the “bridge” period. To ensure statewide consistency, DWR has provided templates for GSAs to report their basin-wide groundwater extraction, surface water supplies, and total water use, including methods of measurement, levels of accuracy, and water source type and sector of use for many of these data sets.

To accomplish these tasks, our team recommends that the C2VSimTM model be updated and applied for analyses required in the First Annual Report. The model is the best tool that the Subbasin has for estimating water budgets and the most reliable method for determining subsurface flows and stream-aquifer interaction. Therefore, we recommend using the updated model to update water budgets from the end of the GSP Study Period (WY 2015) through the annual report study period (WY 2021) and estimate changes in storage during this time. This will also provide consistency between the historical and current results.

Todd Groundwater and Woodard & Curran have prepared GSP annual reports for several critically overdrafted subbasins and will bring this experience, along with our experience in the Modesto Subbasin, to this process. For most of these subbasins, two annual reports have now been prepared. Our experience indicates that the first Annual Report, which includes a “bridge” period, takes more time and costs to prepare than subsequent annual reports. Investment in the model now will facilitate future annual reports and support the Five-Year GSP assessment, due in 2027.
2 SCOPE OF SERVICES
Based on our experience with the GSP annual reporting process, we have developed tasks that need to be accomplished for the WY 2021 Annual Report. Tasks associated with our proposed scope of services are summarized below.

Task 1: Compile Data
Todd Groundwater will develop a data request memorandum that lists data requirements from the member agencies of the GSAs. Woodard & Curran will contribute to the data EXHIBIT 2
#14..
- 427 -
Proposal – First GSP Annual
Report, Modesto Subbasin 3 TODD GROUNDWATER
request list for data and information needed for the model update (Task 2). We assume that we will provide the data request memorandum and templates in early January (see Task 9).

Todd Groundwater will compile and format the data from the member agencies. It is assumed that data will be provided in electronic format in the templates to be provided, not as pdf files and/or paper copies.

Woodard & Curran will work with the member agencies of the GSAs to compile data for the period WY 2016 to WY 2021 (October 1, 2015, through September 30, 2021). Woodard & Curran will provide templates for data compilation for each entity to facilitate data collection efforts. Data request will include:
• Land use and cropping patterns
• Urban and rural domestic population
o Total Subbasin population
o Population for each city’s water supply area
• Modesto Irrigation District surface water operations
o Tuolumne River inflow
o Surface water diversions
o Surface water deliveries
o Modesto Reservoir seepage
o Canal seepage losses
o Operational spills and return flow
• Oakdale Irrigation District surface water operations
o Stanislaus River inflow
o Surface water diversions
o Surface water deliveries
o Canal seepage losses
o Operational spills and return flow
• Groundwater Production Data
o Construction information on production wells not previously included o Modesto Irrigation District
o Oakdale Irrigation District
o City of Modesto
o City of Riverbank
o City of Oakdale
o City of Waterford
• Groundwater Observation Data
o Construction information on monitoring wells not previously included o Observation dates and readings from any monitoring wells Woodard & Curran will obtain other data sets for the model from publicly available sources, including reference evapotranspiration, hydrology (precipitation and streamflow), statewide land use surveys, and groundwater levels at key wells.

EXHIBIT 2
#14..
- 428 -
Proposal – First GSP Annual
Report, Modesto Subbasin 4 TODD GROUNDWATER
We request that data be received no later than January 30, 2021. Due to the shortened schedule, any data received after this date will not be used in the modeling update and/or Annual Report.

Task 2: Update Local C2VSimTM
Woodard & Curran will update the C2VSimTM to reflect the newly compiled data sets and extend the historical simulation period through WY 2021. This update will assume the following:

1. The model update will reflect updated data in the Modesto Subbasin.

2. Additional coordination will be made with neighboring Subbasins (Eastern San Joaquin, Turlock, and Delta Mendota) to ensure that the model assumptions for the neighboring Subbasins are appropriate enough to reflect the interbasin flows with the Modesto Subbasin.

3. A verification of the model performance relative to the updated groundwater levels will be performed. However, no changes to the model parameters will be made as part of this scope of work.

4. At this point, given that the GSP will be filed just two months before the Annual Report is completed, there are no opportunities for the use of the model for assessment of performance of the Subbasin with respect to sustainability, the projects and management actions, and/or the monitoring network. These may be subject of the next Annual Report, due April 2023 for WY 2022.

There will be efficiencies with the model update for the Modesto Subbasin Annual Report.

Task 3: Prepare Hydrographs
Todd Groundwater will develop groundwater elevation hydrographs for wells in the GSP monitoring network with measured water level data provided by member agencies of the GSAs. Hydrographs will be formatted to adhere with the Data and Reporting Standards as prescribed in §352.4(e) of the GSP regulations. In brief, each hydrograph will include a unique site identification number, ground surface elevation, and use the same scale to the greatest extent practical.

We will ensure relatively similar hydrograph formats, including the same horizontal scale of October 1, 1990, through September 30, 2021 (WY 1991 – WY 2021), and the same vertical scale to the extent practicable in adherence with GSP regulations. Hydrographs may also include annotations to allow for easy well identification by DWR and other reviewers.

Overall trends and fluctuations illustrated by the hydrographs for WY 2016 through WY 2021 will be described briefly in the context of water year type and the groundwater EXHIBIT 2
#14..
- 429 -
Proposal – First GSP Annual
Report, Modesto Subbasin 5 TODD GROUNDWATER
elevation contour maps. The Annual Report will include a map showing the locations of the hydrographs and an appendix with the hydrographs.

Task 4: Prepare Groundwater Elevation Contour Maps
Todd Groundwater will prepare four groundwater elevation contour maps using water level data measured in fall 2020 and spring 2021 (WY 2021). For each period, one map will be developed for water levels measured in the Western Upper Principal Aquifer and the Eastern Principal Aquifer and a second map for water levels measured in the Western Lower Principal Aquifer. We assume that water level data will be provided and compiled as part of Task 1 and will include data from the GSP monitoring network, member agency wells, CASGEM, and the DWR water data library. We understand that the CASGEM program will be replaced by the GSP monitoring network in the future, but for this annual report, data from both programs will be available.

We assume that groundwater level data will be provided in electronic spreadsheets and include, at a minimum, well identifiers, date, x and y coordinates (with datum), depth to water, and reference point elevation. GIS shapefiles are also appreciated, if available.

Task 5: Develop Model Water Budgets in Standard C2VSimTM Template Woodard & Curran will prepare the following information to report the water use and groundwater conditions from the model for the Annual Report:
1- Land and Water Use Budget Tables
2- Groundwater Budget Tables
3- Groundwater contour maps for up to two (2) select dates 4- Subbasin map showing groundwater extractions and storage for WY 2021 For the purposes of the Annual Report preparation, the water budgets from C2VSimTM will be prepared in the standard C2VSimTM templates.

Task 6: Analyze Change in Groundwater in Storage
Using the data from the water budget analysis in Task 5, graphs and maps of the change in groundwater in storage will be prepared for the Subbasin. GSP regulations (§ 356.2 (b)(5)(B)) for the Annual Report require both a map and graph of changes in groundwater in storage be developed over the entire groundwater basin that meet the following requirements:
• Graphs depicting the annual and cumulative change in groundwater in storage “based on historical data to the greatest extent available, including from January 1, 2015, to the current reporting year,” and
• “Change in groundwater in storage maps for each principal aquifer in the basin”.

Woodard & Curran will develop maps of change in groundwater storage between WY 2015 and WY 2021. In addition, a graph of annual and cumulative change in groundwater storage EXHIBIT 2
#14..
- 430 -
Proposal – First GSP Annual
Report, Modesto Subbasin 6 TODD GROUNDWATER
will be prepared for WY 2016 through WY 2021 and appended onto the historical water budget data from WY 1991 through WY 2015, as developed for the GSP.

Task 7: Water Quality Analysis
Todd Groundwater will download historical water quality data collected from wells in the Modesto Subbasin from the State GeoTracker website for the seven constituents of concern (COC): arsenic, nitrate, total dissolved solids (TDS), uranium, 1,2,3-trichloropropane (1,2,3- TCP), dibromochloropropane (DBCP), and tetrachloroethene (PCE). This will include data from the GAMA Program and from two specific regulatory water quality programs – CVSALTS and the Nitrate Control Program. This data will be used to build an Access database of historical water quality for the COCs in the Modesto Subbasin.

In addition, Todd Groundwater will analyze and map water quality data collected for the six COCs during WY 2021 (October 1, 2020, to September 30, 2021). This WY 2021 water quality data will serve as a baseline for evaluating future changes in water quality.

In the second Annual Report (WY 2022), water quality data collected during WY 2022 will be compared to the baseline water quality data compiled during the first Annual Report. Any WY 2022 exceedances of the MCL will be compared to the baseline WY 2021 dataset and to the historical database to evaluate whether this is a new exceedance.

Task 8: Prepare Draft and Final Annual Report and Submit to DWR Todd Groundwater will prepare a Draft Annual Report for review by the GSAs. Woodard & Curran will provide applicable work products to support Todd Groundwater in preparation of the report. Given the condensed schedule, this Draft will be provided March 4, 2022, to allow agency input into the development process. It is assumed that comments from the GSA will be provided by March 11, 2022.

The Final Annual Report will be provided by March 25, 2022, for final review prior to submittal by the April 1st deadline.

Task 9: Project Management and Meetings
Todd Groundwater will manage the project. Project management will include preparation of monthly invoices, scheduling, and communication with the GSAs. There will be a need for communication with the GSAs and member agencies to obtain comparable data across the Subbasin for the Annual Report. Communications will include individual calls and emails with Subbasin agencies, and conference calls with GSA managers, to discuss progress to date and outstanding items or issues.

The preparation of the Annual Report will occur at a busy time for the GSAs. Finalization of the GSP and preparation for GSP submittal will be ongoing. To expedite the process, Todd Groundwater will coordinate directly with the GSA members to ensure timely data EXHIBIT 2
#14..
- 431 -
Proposal – First GSP Annual
Report, Modesto Subbasin 7 TODD GROUNDWATER
compilation, review, and incorporation of the required analyses to meet Annual Report requirements.

Todd Groundwater and Woodard & Curran will attend STRGBA GSA TAC meetings and TAC Planning Meetings. For budget and planning purposes, three STRGBA GSA TAC meetings are assumed as part of this scope with three supporting TAC Planning Meetings to be held within a week prior to each TAC meeting. The primary objectives and tentative dates for the TAC meetings are summarized as follows:
• STRBGA GSA TAC Meeting No. 1: Finalize technical approach for change in groundwater in storage and other technical analyses; tentatively scheduled for midFebruary 2022. • STRBGA GSA TAC Meeting No. 2: Review Draft Annual Report, address deficiencies and discuss comments received from GSA; tentatively scheduled for mid-March 2022.
• STRBGA GSA TAC Meeting No. 3: Review Final Annual Report; tentatively scheduled for end of March 2022.

The budget assumes that we will attend the meetings virtually.

Task 10: Additional Annual Report Items
Since this is the first GSP Annual Report, this task will cover any additional unforeseen items that arise during preparation of the Annual Report. It may include additional technical work or additional meetings that are not included in Tasks 1 through 9. 3 BUDGET AND SCHEDULE
Execution of the scope of work described herein is estimated to cost $220,015. This cost allows for a variety of technical methods to be considered and employed to meet regulatory requirements and the condensed schedule for Annual Report development. Table 1 shows costs by task.

Our work on the Annual Report needs to begin immediately. We understand that we will receive a notice-to-proceed in early January, following the City of Modesto Council Meeting on January 11, 2022. With a submittal date of April 1, 2022, it is critical to start the work in early January. A proposed schedule is provided below.

EXHIBIT 2
#14..
- 432 -
Proposal – First GSP Annual
Report, Modesto Subbasin 8 TODD GROUNDWATER
Please let us know if you have questions about this proposal. Time is of the essence for the First Annual Report, and we stand ready to move the effort forward as soon as possible.

Attachments
Table 1 Cost Estimate
Feb Apr
Notice-to-Proceed 1/11/22
1 Compile Data 1/12/22 - 1/31/22
2 Update Local C2VSimTM 2/1/22 - 3/15/22
3 Prepare Hydrographs 2/1/22 - 3/15/22
4 Prepare Groundwater Elevation Contour Maps 2/1/22 - 3/15/22 5 Develop Model Water Budgets in Standard C2VSimTM Template 2/1/22 - 3/31/22 6 Analyze Change in Groundwater in Storage 2/1/22 - 3/31/22 7 Water Quality Analysis 2/1/22 - 3/15/22
8 Prepare Draft and Final Annual Report and Submit to DWR 2/1/22 - 3/31/22 9 Project Management and Meetings 1/12/22 - 4/30/22
10 Additional Annual Report Items 1/12/22 - 4/30/22
Project begins
Meetings (3 STRGBA GSA TAC meetings)
Submittal to DWR
TASK
2022
DATES
Jan Mar
EXHIBIT 2
#14..
- 433 -
Cost Estimate Todd Groundwater
Job Name: Modesto Subbasin First GSP Annual Report
Job Description: Prepare and Submit the First GSP Annual Report for the Modesto Subbasin Client: STRGBA GSA
Date: 12/15/2021
$ 12,130 $ 4,985 $ 17,115$ - $ 39,956 $ 39,956
$ 7,780 $ 1,690 $ 9,470
$ 7,820 $ 5,185 $ 13,005$ - $ 13,820 $ 13,820
$ 2,900 $ 10,956 $ 13,856
$ 16,940 $ - $ 16,940
$ 28,450 $ 8,032 $ 36,482
$ 26,690 $ 12,681 $ 39,371
$ 10,000 $ 10,000 $ 20,000
$ 112,710 $ 107,305 $ 220,015
Task 7: Water Quality AnalysisTask 8: Prepare Draft and Final Annual Report and Submit to DWRTask 9: Project Management and MeetingsTotal Estimated Project CostTask 2: Update Local C2VSim-TMTask 3: Prepare HydrographsTask 4: Prepare Groundwater Elevation Contour Maps Task 5: Develop Model Water Budgets in Standard C2VSimTM Template Task 6: Analyze Change in Groundwater in StorageTask 10: Additional Annual Report Items Todd
Groundwater Task Woodard & Curran Total
Task 1: Compile Data

Page 1 of 1 ends

EXHIBIT 2 #14..
- 434 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 1, 2022
Date: January 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Headworks, Dryden Box and Influent Flume Improvements as Complete CONTACT: Jesse Franco, Engineering Division Manager, [email protected] (209) 571-5175
DESCRIPTION:

Consider accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., of Richmond, CA. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The 2007 Wastewater Treatment Master Plan identified key deficiencies in the wastewater treatment system. This project delivered reliability and capacity improvements to the City’s wastewater system, by addressing deficiencies in the primary treatment facilities at the Sutter Avenue Treatment Plant (Sutter Plant), including the Headworks facility, which is a critical component at the Sutter Plant. All of the City’s wastewater flows are screened for debris and removal of grit at the Headworks facility, which is essential for maintaining the efficiency and effectiveness of the entire wastewater treatment process.

Additionally, a majority of the City’s domestic wastewater flow (from the River and West Trunks) and Cannery Segregation Line enter the Dryden Box prior to entering the Sutter Plant. This structure was severely corroded and needed to be replaced. This Improvement Project upgraded the Headworks facility and Pumping Plant No.3, made hydraulic improvements to the Influent Flumes, and constructed an in-ground concrete structure for a new Dryden Box.

On November 4, 2014, by Resolution No. 2014-464, Council approved an agreement with Carollo Engineers, Inc., (Carollo) for preparation of a Preliminary Design Report (PDR), which served as the basis of design for the Project. The PDR evaluated improvements necessary, #15..
- 435 -
City Council February 1, 2022
Accept Headworks, Dryden Box and Influent Flume Improvements as Complete

Page 2 of 4 ends

determined the most economical and beneficial approach, and evaluated different alternatives to address the existing deficiencies at the Sutter Plant.

On March 1, 2016 by Resolution No. 2016-76, Council approved an agreement with Carollo Engineers, Inc., (Carollo) for Final Design Services for the Headworks, Dryden Box and Influent Flume Improvements Project.

Due to the size and complexity of the project, and given Carollo was the Engineer-of-Record for the project, Engineering design support during construction services was needed from Carollo to ensure construction of the facilities met the original design described in the plans and specifications. The scope of work included reviewing submittals and requests for information along with field engineering support.

On October 2, 2018 by Resolution No. 2018-437, Council approved an agreement with Carollo Engineers, Inc. (Carollo) for Engineering Support During Construction Services for the Headworks, Dryden Box and Influent Flume Improvements Project.

Additionally, considering the project scope, proposed project schedule, and necessary construction administration resources, staff determined Construction Management and Inspection services were needed from a specialized consultant.

On October 2, 2018 by Resolution No. 2018-438, Council approved an agreement with West Yost Associates, Inc. (West Yost) for Construction Management and Inspection Services for the Headworks, Dryden Box and Influent Flume Improvements Project.

DISCUSSION:

The project was advertised for bids on March 27, 2018. Mandatory pre-bid site visits were held on Tuesday, April 10, 2018 at 10:00 a.m., and on Tuesday, May 1, 2018 at 10:00 a.m. at the Sutter Plant located at 1221 Sutter Avenue, Modesto, California.

Considering the complex nature of the scope of work, the project specifications contained qualification requirements for prospective contractors bidding the project. These included requirements for project experience within Treatment Plant facilities, construction value volume, and project manager experience. The qualification requirements were prepared by Carollo and reviewed by City Engineering and Construction Administration.

Bids were publicly opened on May 15, 2018, pursuant to Modesto Municipal Code section 8-

3.403 and City Charter Section 1307. Three bids were received, and C. Overaa & Co., of Richmond, Ca, was the apparent lowest bidder at 15.14% below the engineer’s estimate.

On October 2, 2018, by Resolution No. 2018-436, Council awarded a contract to C. Overaa & Co., Richmond, CA., for the construction of the Headworks, Dryden Box and Influent Flume Improvements project in the amount of $16,972,000. The contractor received the Notice to Proceed with a first working day of November 5, 2018. All contract work was completed by April 2, 2021.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, #15..
- 436 -
City Council February 1, 2022
Accept Headworks, Dryden Box and Influent Flume Improvements as Complete

Page 3 of 4 ends

release securities, and authorize payments totaling $18,637,897. The work is covered by a oneyear warranty for any issues that may arise.

Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $24,282,470 which included design, construction, and construction administration costs. The total project amount originally budgeted was $24,734,966 which included $18,669,200 for the construction contract and contingency with C. Overaa and Co., of Richmond, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, states that a contract that exceeds $10,000,000 allows Directors Authority only up to six percent (6% ($1,357,760). The contract change order budget of ten percent (10%) ($1,697,200) was noted on the Fiscal Impact table on the October 2, 2018 Agenda Report for award, however a resolution authorizing this amount for change orders was not submitted for approval.

On August 5, 2020 by Resolution No. 2020-325, staff requested authorization to increase the contract change order authority to ten percent 10% ($1,697,200) due to the highly corrosive nature of hydrogen sulfide gas present in sanitary sewer facilities, which resulted in unforeseen conditions that are not exposed until sewer flows are diverted, or bypassed to other sections of the treatment plant
There were forty-four change orders resulting in an overall increase of $1,665,897 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below:
100737 – UPP.Engineering Design “Headworks Improvements” 100794 – UPP.Engineering Design “Dryden Box & Influent Flume” ENGINEERING DESIGN EXPENDITURES PRIOR TO CONSTRUCTION:
100737 100794 TOTAL
Consultant Design (Carollo) $897,171 $712,742 $1,609,913 Engineering/Design/Admin. (City staff) $35,887 $28,510 $64,397 TOTAL DESIGN EXPENDITURES: $933,058 $741,252 $1,674,310 PROJECT EXPENDITURES:
100737 100794 TOTAL
Construction Contract (C. Overaa and Co.) $4,291,800 $12,680,200 $16,972,000 Construction Contingency (Change Orders) $422,645 $1,243,252 $1,665,897 Construction Administration (City Staff) $164,560 $52,071 $216,631 City Construction Forces $4,718 $56,139 $60,857
Construction Management (West Yost) $540,529 $1,623,242 $2,163,771 Engineering Design/Admin. (City Staff) $148,123 $181,967 $330,090 Engineering Design (Carollo Engineers) $299,728 $899,185 $1,198,913 TOTAL CONSTRUCTION EXPENDITURES: $5,872,103 $16,736,056 $22,608,159 #15..
- 437 -
City Council February 1, 2022
Accept Headworks, Dryden Box and Influent Flume Improvements as Complete

Page 4 of 4 ends

TOTAL PROJECT EXPENDITURES:
100737 100794 TOTAL
TOTAL PROJECT EXPENDITURES: $6,805,161 $17,477,308 $24,282,469 COMMITTEE RECOMMENDATION:

This project was presented to Finance Committee on May 21, 2018 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., Richmond, CA.

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

1. Resolution

2. CCO Log

3. (2) Project Suspension Form
#15..
- 438 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION ACCEPTING THE HEADWORKS, DRYDEN BOX AND

INFLUENT FLUME IMPROVEMENTS PROJECT AS COMPLETE,

AUTHORIZING ALL NECESSARY STEPS TO FILE WITH THE COUNTY

RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS
TOTALING $18,637,897 TO C. OVERAA & CO., OF RICHMOND, CALIFORNIA WHEREAS, the 2007 Wastewater Treatment Master Plan identified key deficiencies in the wastewater treatment system, and
WHEREAS, this project addressed deficiencies in the primary treatment facilities at the Sutter Avenue Treatment Plant (Sutter Plant), and WHEREAS, all of the City’s wastewater flows are screened for debris and grit removal, and is essential to maintain the efficiency and effectiveness of the entire wastewater treatment process, and
WHEREAS, most of the City’s domestic wastewater (from the River and West Trunks) and Cannery Segregation Line enter the Dryden Box prior to entering the Sutter Plant for treatment, and
WHEREAS, this structure was severely corroded and needed to be replaced, and WHEREAS, the Improvement Project upgraded the Headworks facility and Pumping Plant No.3, and made hydraulic improvements to the Influent Flumes, and completed construction of a new Dryden Box (in-ground concrete structure), and, WHEREAS, this project delivers reliability and capacity improvements to the City’s wastewater system, and
WHEREAS, on November 4, 2014, by Resolution No. 2014-464, Council approved an agreement with Carollo Engineers, Inc., (Carollo) for preparation of a Preliminary Design Report (PDR), which served as the basis of design for the Project, and #15..
- 439 -
2 WHEREAS, the PDR evaluated improvements necessary, determined the most economical and beneficial approach, and evaluated different alternatives to address the existing deficiencies at the Sutter Plant, and
WHEREAS, On March 1, 2016 by Resolution No. 2016-76, Council approved an agreement with Carollo Engineers, Inc., (Carollo) for Final Design Services for the Headworks, Dryden Box and Influent Flume Improvements Project, and WHEREAS, on October 2, 2018 by Resolution No. 2018-437, Council approved an agreement with Carollo Engineers, Inc. (Carollo) for Engineering Support During Construction Services for the Headworks, Dryden Box and Influent Flume Improvements Project, and
WHEREAS, On October 2, 2018 by Resolution No. 2018-438, Council approved an agreement with West Yost Associates, Inc. (West Yost) for Construction Management and Inspection Services for the Headworks, Dryden Box and Influent Flume Improvements Project, and
WHEREAS, bids were advertised on March 27, 2018, and were publicly opened on May 15, 2018, pursuant to Modesto Municipal Code Section 8-3.403 and Charter Section 1307, and C. Overaa & Co., of Richmond, CA, was the apparent lowest responsible and responsive bidder, and
WHEREAS, on October 2, 2018 by Resolution No. 2018-436, Council awarded a contract to C. Overaa & Co., of Richmond, CA, for the construction of the Headworks, Dryden Box and Influent Flume Improvements project in the amount of $16,972,000, and WHEREAS, the contractor received the Notice to Proceed with a first working day of November 5, 2018, and all contract work was completed by April 2, 2021, and #15..
- 440 -
3 WHEREAS, the total project costs were $24,282,740 which included design, construction, and construction administration costs. The total project amount originally budgeted was $24,734,996 which included $18,669,200 for the construction contract and contingency with C. Overaa & Co., and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, a contract that exceeds $10,000,000 allows Directors Authority only up to six percent (6%) ($1,357,760), and
WHEREAS, while the contract change order budget of ten percent (10%) was noted on the Fiscal Impact table on the October 2, 2018 Agenda Report for award, (reflected as the contingency amount) a resolution authorizing this amount for change orders was not submitted for approval, and
WHEREAS, on August 5, 2020 by Resolution No. 2020-325, staff requested authorization to increase the contract change order authority to 10% ($1,697,200) due to the highly corrosive nature of hydrogen sulfate gas present in sanitary sewer facilities and resulting in unforeseen conditions that are not exposed until sewer flows are diverted, or bypassed to other sections of the treatment plant, and
WHEREAS, there were forty-four orders on this project with an overall increase of $1,665,897, and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Headworks, Dryden Box and Influent Flume Improvements project is hereby #15..
- 441 -
4 accepted as complete from contractor, C. Overaa & Co., of Richmond, CA, and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $18,637,897.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
#15..
- 442 -
CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: January 04, 2022
TIME
EXT.
2018/04 - Headworks, Dryden Box and Influent Flume Improvements (100737 & 100794) PROJECT NUMBER AND NAME:
01 Additional 2-IN Water Service Line 05/30/19 $2,500.00 0 W.D. No No No 02 Huber VCP Enclosure Change and A/C Addition 05/30/19 $24,500.00 0 W.D. No No No 03 Additional Limitorque Actuators 05/30/19 $60,600.00 0 W.D. No No No 04 Scada Design Change - Ignition Programming and
Hardware
01/30/20 -$57,515.13 0 W.D. No No No
05 Additional Gate In Dryden Box 01/30/20 $19,150.00 0 W.D. No No No 06 Rack and Appurtenances For New Scada Servers 01/30/20 $11,100.00 0 W.D. No No No 07 Seismic Calcs @ Pumping Plant # 3 Existing Gates 01/30/20 $1,670.00 0 W.D. No No No 08 Gate Replacement @ Primary Clarifier Inlet 01/30/20 $124,100.00 0 W.D. No No No 09 Fiber Optic Cable 01/30/20 $9,100.00 0 W.D. No No No 10 Existing Concrete Fillet Removal @ Pumping Plant No. 3 Wet Well
01/30/20 $14,600.00 0 W.D. No No No
11 Unforseen Conditions # 1 01/30/20 $27,000.00 0 W.D. No No No 12 Unforeseen Conditions # 3 01/30/20 $900.00 0 W.D. No No No 13 Unforeseen Conditions # 4 01/30/20 $1,700.00 0 W.D. No No No 14 Electrical Equipment Studies 01/30/20 $21,860.00 0 W.D. No No No 15 Deletion of 30 Feet of 60 Inch River Trunk FRPMP 01/30/20 -$18,950.00 0 W.D. No No No 16 Pumping Plant No. 3 Additional Effluent Valve Actuators 01/30/20 $18,000.00 0 W.D. No No No 17 Biofilter FRP Grating Replacement 01/30/20 $95,777.00 0 W.D. No No No 18 Addition of Coatings Band 01/30/20 $23,080.00 0 W.D. No No No 19 City Share For Fuse Installation on PCM-2 01/30/20 $3,560.00 0 W.D. No No No 20 Design Clarification 04: PP # 3 Bypass Contactor
Removal and VFD Installation
05/21/20 $25,870.00 0 W.D. No No No
21 Roof Patch @ Gritroom and Headworks South Wall
HVAC Penetration
05/21/20 $10,200.00 0 W.D. No No No
22 Dewatering @ River Trunk Junction Structure 05/21/20 $105,600.00 0 W.D. No No No 23 Change Slide Gate Couplings / Bronze To 316
Stainless Steel
05/21/20 $51,600.00 0 W.D. No No No
24 Scada Enhancements 06/19/20 $45,880.00 0 W.D. No No No 25 Replace Existing gates @ 7th Street CSL Diversion
Structure W/ 316 SS Gates
06/19/20 $230,000.00 0 W.D. No No No
26 Additional Modifications @ PP # 3 Existing VFDS 06/19/20 $27,620.00 0 W.D. No No No 27 Handrail Replacement @ Perimeter of Headworks
Barscreen Pits
06/19/20 $8,130.00 0 W.D. No No No
28 PP # 3 Gate Actuator Conduit Modifications 08/25/20 $12,160.00 0 W.D. No No No 29 Existing Biofilter Basin T-Lock and Lining Repairs 10/02/20 $78,410.00 0 W.D. No Yes No 30 Damaged Plugs Due To Condition Of Existing Pipes 10/02/20 $34,550.00 0 W.D. No Yes No #15..
- 443 -
CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: January 04, 2022
TIME
EXT.
31 Change HWS Barscreen Spray Water (W2) FROM
PVC To 316 Stainless Steel Piping
10/02/20 $7,260.00 0 W.D. Yes No No
32 Additional Demo @ Grit Drain line For Tie In Of New
Grit Washer Drains
10/02/20 $8,900.00 0 W.D. No No Yes
33 Additional Slab @ AHU Ducting 10/02/20 $5,420.00 0 W.D. No No Yes 34 Can Seg 20 Inch Return Valve Replacement and Valve
Vault
10/02/20 $133,200.00 0 W.D. No Yes No
35 Miscellaneous Electrical Changes At Headworks 10/02/20 $79,020.00 0 W.D. No Yes No 36 Repair of Pre-Existing Damaged Linings and Coatings
@HWS Barscreen Channels
10/02/20 $43,760.00 0 W.D. No Yes No
37 Extended Contrtact Time For Additional CCO Work 04/15/21 $0.00 35 W.D. No No Yes 38 Deletion of CCO 9 Fiber Optic Cable 04/15/21 -$9,100.00 0 W.D. No No Yes 39 Cleaning Of Headworks Between Barscreen Effluent
Gates and Grit Chambers
04/15/21 $46,590.00 0 W.D. No No Yes
40 84 Inch Gate Actuator Pedestal Modifications 04/15/21 $14,340.00 0 W.D. Yes Yes No 41 7th Street Diversion Structure 60 Inch Gate Anchor
Bolts and Unforeseen Conditions
04/15/21 $7,665.00 0 W.D. No Yes No
42 Grit Pump # 4 and AHU/HVAC System Instrumentation
and Control Modifications
04/15/21 $15,090.00 0 W.D. No No Yes
43 Substation A Electrical Building Settlement Repair 05/03/21 $37,000.00 0 W.D. No Yes No 44 Headworks 12-Inch Grit Drain Line Repair 05/03/21 $264,000.00 0 W.D. No Yes No Total Change Orders Processed To Date: $1,665,896.87
Original Contract Amount: $16,972,000.00
IDA To: $1,697,200.00
Total Working Days Time Extension: 35
Original Director's CCO Authority: $1,357,760.00
IDA Date: 8/5/2020
#15..
- 444 -
#15..
- 445 -
#15..
- 446 -
#15..
- 447 -
#15..
- 448 -
#15..
- 449 -
#15..
- 450 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 1, 2022
Date: January 5, 2022
TO: Mayor and City Council
THROUGH: Joe Lopez, City Manager
FROM: Brandon Gillespie, Interim Chief of Police
SUBJECT: California Violence Intervention and Prevention (CalVIP) Grant Program Application
CONTACT: Robert Reyna, Captain, [email protected], 209-572-9500 DESCRIPTION:

Consider approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2020-2025 Strategic Plan focus area of Quality of Life under Goal A. Improve Community Safety.

BACKGROUND:

Formerly known as the California Gang Reduction, Intervention & Prevention (CalGRIP) Grant Program, the State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Year (FY) 2017-18. CalVIP encouraged jurisdictions to develop local approaches that would meet the diverse needs of each community. In 2019, the CalVIP grant was codified as the Break the Cycle of Violence Act (Chapter 735, Statues of 2019) and established the authority and duties of the Board of State and Community Correction (BSCC) to administer CalVIP, including the selection criteria for grants and reporting requirements to the Legislature.

Historically, CalVIP has received approximately $9 million each year. In 2021, the State Budget Act provided a one-time augmentation of $200 million across three fiscal years to enhance CalVIP (FY 2021-22, 2022-23, 2023-24). In addition to this one-time increase, the BSCC anticipates CalVIP will continue to receive an annual $9 million allocation. The total available funding through this CalVIP Request for Proposals (RFP) is $209,650,000.

Eligible applicants are cities that are “disproportionately impacted by violence” and communitybased organizations that serve the residents of those cities. For city applicants, either the city #16..
- 451 -
City Council, February 1, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 2 of 5 ends

itself or a department within the city may serve as the applicant. For the purposes of the CalVIP grant program, a city is disproportionately impacted by violence if any of the following are true:
(1) The city experienced 20 or more homicides per calendar year during two (2) or more of the three (3) calendar years immediately preceding the grant applications.

Modesto does not qualify under this criterion.
(2) The city experienced 10 or more homicides per calendar year and had a homicide rate that was at least 50% higher than the statewide homicide rate during two (2) or more of the three (3) calendar years immediately preceding the grant application.

Modesto does not qualify under this criterion.
(3) The applicant otherwise demonstrated a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community. (Pen. Code, SS 14131, subd. (e).). A “unique and compelling need,” as defined by the CalVIP Executive Subcommittee is:
a. The city experienced five (5) or more homicides during two (2) or more of the three (3) years prior to the grant application. Modesto qualifies under this criterion.

Successful proposals will be funded for a three-year grant project service period commencing on July 1, 2022 and ending on June 30, 2025. An additional six (6) months (July 1, 2025 through December 31, 2025) will be included in the term of the contract for the sole purposes of finalizing and submitting a required local evaluation report and financial audit. The total grant agreement term will be July 1, 2022 to December 31, 2025.

DISCUSSION:

The Police Department, in coordination with the Parks, Recreation and Neighborhoods Department and the City Manager’s Office seeks approval to apply for the CalVIP grant program to improve public health and safety in Modesto by supporting effective violence reduction initiatives, particularly to combat group-member involved homicides, shootings, and aggravated assaults. In adherence with the purpose of the CalVIP grant program and in conjunction with community-based organizations and other public agencies, the City will work to support, expand and replicate evidence-based violence reduction initiatives that shall be primarily focused on providing violence intervention services to a small segment of the population that has been identified as having the highest risk of perpetrating or being victimized by violence in the near future.

Staff from the Police Department have reviewed crime statistics to identify the “small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence” as required by the CalVIP RFP. Based on the data, the area south of Kansas Ave, north of the Tuolumne River, west of Hwy 99 and east of S Carpenter Rd has been identified as the target area. In addition, it has been determined that the proposal will take a focused deterrence approach that has up to four prongs, including: early prevention, diversion, hot spot/direct enforcement and reintegration. Each prong is outlined below with a general summary of what could be implemented.

Early prevention – The Police Department statistics show that most felony aggravated assaults suspects start to peak at around 17-years-old. Early prevention efforts should be focused within the school system with a target audience of younger than 14 years old in order to reach suspects prior to the age peak. After school programs will be a large #16..
- 452 -
City Council, February 1, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 3 of 5 ends

part of this prong. In addition, from a law enforcement perspective, there are two major roles that officers can contribute to early prevention: school resource officers (SRO) and gang education. An SRO should not simply be a physical presence to act as a deterrent but have an active role in prevention through mentoring and teaching students and teachers. In schools where the SROs took an active preventative role, there was lower levels of nonviolent and serious violent incidents. Related to gang education, one program of interest is the G.R.E.A.T. program. The G.R.E.A.T. program’s goal is to reduce gang activity and to teach students about the negative consequences of gang involvement. The implementation of this program in other areas have had largely successful results.

Diversion – Diversion programs aim to provide an alternative to traditional punitive punishment. The focus of diversion programs is to rehabilitate versus punish and should be focused on slightly older, but not yet adult, adolescents that have committed low-level crimes/violence or have only exhibited school-based issues. Typical diversion programs require community service, paying restitution, attending alcohol or drug awareness classes, or meeting with an inmate. Criteria is set for a defined time period and if no reoffence occurs within that time period, then the citation is removed from their record.

Hot Spot/Direct Enforcement – For direct enforcement, a variety of programs have shown to be effective in reducing assaults. Overall, programs that targeted specific offenders were more effective than general traffic stops. These types of activities are effective in short-term reductions in crime and increased perceptions of neighborhoods.

They are difficult to maintain long-term, however, and therefore must be paired with these other focus areas to have the most long-term impact possible.

Re-integration – Programs focused on parolees and adults who have been incarcerated have largely utilized community resources to provide resources to help these adults reintegrate into society. These resources can include, but are not limited to: vocational education, employment programs, stable housing, and family houses. These have all been shown to be effective in reducing recidivism.

The departments are in the initial stages of identifying partner agencies for this effort and have begun discussions with the following entities:
 Modesto City Schools
 Boy and Girls Club of Stanislaus County
 Behavioral Health and Recovery Services - Stanislaus County  Stanislaus County Probation Department
 Housing Authority of the County of Stanislaus
 Family Justice Center of Stanislaus County
 Stanislaus Community Foundation
 Opportunity Stanislaus
These partners, and any others identified moving forward, are critical to the success of the program put in place locally. The fiscal impact will be outlined in the section below; however, it is important to note that this grant requires at least a 50 percent (50%) pass through to at least one (1) of either a non-governmental, community-based organization and/or public agencies that are not law enforcement whose primary mission is violence prevention or community safety. #16..
- 453 -
City Council, February 1, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 4 of 5 ends

If the city designates this type of department or agency as the applicant entity, this requirement will be automatically met. Funds paid to professional grant management organizations, consulting firms, auditors, and evaluators do not count toward meeting this pass-through obligation. It is the City’s intent to require any agencies proposing to be part of this grant provide a 100 percent (100%) match commitment to the amount of funds being requested.

FISCAL IMPACT:

The authorizing statute for the CalVIP grant program requires that all grantees contribute a 100 percent (100%) match to all grant funds awarded. This match can be cash or in-kind or a combination of both. Grantees are required to maintain documentation to support all match that is claimed. Cash match, also known as hard match, is income from a source other than grant funds that is budgeted for the project. When used to augment the project, cash expenditures for items such as personnel, facilities, and supplies may be considered cash match, if not in violation of the prohibition on supplanting. In-kind match, also known as a soft match, is the project’s contribution of non-cash outlay of materials or resources to support a percentage of the BSCC’s grant award activities. It may include non-cash outlay contributed by other public agencies and institutions, private organizations, and individuals. Examples include donated office supplies, equipment, professional services, and volunteer time.

The maximum grant amount available to each eligible entity is set by the BSCC at $6 million - $2 million in each fiscal year of the three-year grant term. Whatever amount the City and its partner agencies determine is necessary to provide an effective and compliant program to reduce violence, the match requirement would be 100% of that amount up to the $6 million maximum. It is City staff’s intent that the matching funds will be primarily in the form of in-kind matches or, if a cash match, it will be limited to the expenditure of personnel costs dedicated to the program, or a portion thereof. As stated in the section above, it is the intent of City staff to require all partner agencies in this grant application and program to provide a 100% match for funds they are requesting. As 50% of the grant is required to be passed through to a community-based organization or public agency that is not law enforcement, this would leave 50% of the match requirement as the City’s portion. City staff is seeking out non-General Fund funding sources that could also be leveraged for the match requirement. Additionally, City staff intends to enter into Memorandums of Understanding with agencies who support the purpose and activities of the grant and count their services, facilities, supplies, volunteers, etc. toward the match requirement.

If grant funding is awarded by BSCC, staff will return to Council to accept the terms of the grant and a full outline of the grant funds and match requirement and how it will be met will be outlined at that time for approval.

COMMITTEE RECOMMENDATION:

This item was presented at the January 10, 2022 Safety & Communities Committee and approved to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a #16..
- 454 -
City Council, February 1, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 5 of 5 ends

maximum commitment of $12 million, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant application.

Approved by: ____________________________________
Brandon Gillespie, Chief of Police
____________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. California Violence Intervention and Prevention Grant Program Request for Proposals
#16..
- 455 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION

FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION

GRANT PROGRAM TO THE BOARD OF STATE AND COMMUNITY
CORRECTIONS FOR UP TO $6 MILLION IN GRANT FUNDS WITH UP TO $6

MILLION IN AN IN-KIND AND/OR CASH MATCH FOR A MAXIMUM
COMMITMENT OF $12 MILLION, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE AND SUBMIT ALL

DOCUMENTS WHICH MAY BE NECESSARY FOR THE COMPLETION OF

THE GRANT APPLICATION
WHEREAS, in 2019, the California Violence Intervention and Prevention (CalVIP) Grant Program was codified as the Break the Cycle of Violence Act (Chapter 735, Statues of 2019) and established the authority and duties of the Board of State and Community Corrections to administer CalVIP, and
WHEREAS, eligible applicants are cities that are “disproportionately impacted by violence” and community-based organizations that serve the residents of those cities, and WHEREAS, Modesto qualifies under the third criterion of the grant in that it otherwise demonstrated a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community, and
WHEREAS, a “unique and compelling need,” as defined by the CalVIP Executive Subcommittee is that the city experienced five (5) or more homicides during two (2) or more of the three (3) years prior to the grant application, and WHEREAS, the Police Department, in coordination with the Parks, Recreation and Neighborhoods Department the City Manager’s Office seek approval to apply for the CalVIP Grant Program to improve public health and safety in Modesto by supporting effective violence reduction initiatives, and
#16..
- 456 -
2 WHEREAS, the City will work to support, expand and replicate evidence-based violence reduction initiatives that shall be primarily focused on providing violence intervention services to a small segment of the population that has been identified as having the highest risk of perpetrating or being victimized by violence in the near future, and
WHEREAS, the City departments are in the initial stages of identifying partner agencies for this effort and have begun discussions with those identified has critical to the success of the program that will be put in place locally, and WHEREAS, if awarded funding by the Board of State and Community Corrections, City staff will return to Council to accept the terms of the grant and the plan for how the terms will be met.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute and submit all documents which may be necessary for the completion of the grant application.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 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:
#16..
- 457 -
3 AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#16..
- 458 -

California Violence
Intervention and
Prevention (CalVIP)
Grant Program

REQUEST FOR PROPOSALS

Eligible Applicants:

Category 1 & 2: California Cities Disproportionately
Impacted by Violence and the Community-Based
Organizations that Serve Them (see Table 1)
Grant Service Period: July 1, 2022 to June 30, 2025
RFP Released: November 19, 2021
Letters of Intent Due: January 7, 2022
Proposals Due: February 11, 2022
#16..
- 459 -
This page intentionally left blank
#16..
- 460 -
Table of Contents
PART I: GRANT INFORMATION ................................................................................... 1 Background Information ........................................................................................................... 1 Contact Information.................................................................................................................. 1 Proposal Due Date and Submission Instructions...................................................................... 1 Letters of Intent to Apply .......................................................................................................... 2 Bidders’ Conference................................................................................................................. 2 CalVIP Purpose ....................................................................................................................... 3 Eligibility to Apply ..................................................................................................................... 3 Eligible Community-Based Organizations ................................................................................ 5 Grant Period............................................................................................................................. 6 Funding Information ................................................................................................................. 7 Match Requirement.................................................................................................................. 8 Project Description................................................................................................................... 9 Using the Principles of Evidence-Based Practice ...................................................................11 Reducing Racial and Ethnic Disparity.....................................................................................12 Organizational Capacity and Coordination .............................................................................12 General BSCC Grant Requirements.......................................................................................13 BSCC Executive Steering Committee Process.......................................................................18 Overview of the RFP Process ................................................................................................19 PART II: PROPOSAL INSTRUCTIONS ....................................................................... 23 Proposal Narrative and Budget Guidelines.............................................................................24 PART III: APPENDICES............................................................................................... 29 Appendix A: BSCC’s Crime Data Analysis .............................................................................30 Appendix B: Eligible Cities for CalVIP Funding.......................................................................31 Appendix C: Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds.....32 Appendix D: Glossary of Terms and Resources.....................................................................34 Appendix E: Sample Letter of Commitment for Key Partners .................................................43 Appendix F: Sample Grant Agreement...................................................................................44 Appendix G: Sample Governing Board Resolution................................................................. 65 Appendix H: Local Evaluation Plan & Local Evaluation Report...............................................66 Appendix I: Certification of Compliance with BSCC Polices Regarding Debarment, Fraud, Theft and Embezzlement .......................................................................................................70 Appendix J: CalVIP Executive Steering Committee................................................................71 Appendix K: CalVIP Project Work Plan Instructions ...............................................................72 California Violence Intervention and Prevention (CalVIP) Grant Proposal ............ 74 #16..
- 461 -

CONFIDENTIALITY NOTICE
All documents submitted as part of the California Violence Intervention and Prevention Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, §§ 6250 et seq.)
#16..
- 462 -
PART I, Page | 1
PART I: GRANT INFORMATION
Background Information
Formerly known as the California Gang Reduction, Intervention & Prevention (CalGRIP) Grant Program, the State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Year (FY) 2017-18. CalVIP encouraged jurisdictions to develop local approaches that would meet the diverse needs of each community. In 2019, the CalVIP grant was codified as the Break the Cycle of Violence Act (Chapter 735, Statutes of 2019) and established the authority and duties of the Board of State and Community Correction (BSCC) to administer CalVIP, including the selection criteria for grants and reporting requirements to the Legislature.

Historically, CalVIP has received approximately $9 million each year. In 2021, the state Budget Act provided a one-time augmentation of $200 million across three fiscal years to enhance CalVIP (FY 2021-22, 2022-23, and 2023-24). In addition to this one-time increase, the BSCC anticipates CalVIP will continue to receive an annual $9,000,000 allocation.
1 The total available funding through this CalVIP Request for Proposals (RFP) is $209,650,000.
2 Contact Information
This RFP provides the necessary information to submit a CalVIP proposal to the BSCC.

The BSCC staff cannot assist the applicant or its partners with the actual preparation of the proposal. Any technical questions concerning the RFP, the proposal process, or programmatic issues must be submitted by email to: [email protected].

The BSCC will accept and respond to written questions about this RFP until January 28, 2022. A frequently asked questions and answers (FAQs) document will be posted to the BSCC website and periodically updated through January 28, 2022.

Proposal Due Date and Submission Instructions
Proposals must be received by 5:00 P.M. on Friday, February 11, 2022. Applicants must ensure the proposal package is signed with a digital signature OR a wet blue ink signature that is then scanned with the completed proposal package. Email the complete proposal package to: [email protected].

A complete proposal package will include:
• One (1) Portable Document Format (PDF) file that contains the Proposal Narrative and all required attachments (see CalVIP Proposal Checklist). • An Excel version of the Budget Attachment (Budget Tables and Budget Narrative).

Do not submit the Budget Attachment in a PDF version.

NOTE: If the BSCC does not receive an email containing the complete proposal package by 5:00 p.m. (PST) on February 11, 2022, the proposal will not be considered for funding. 1 Provided funding is appropriated in the FY 2022-23, and 2023-24 State Budget Acts. 2 Provided funding is appropriated in the FY 2022-23, and 2023-24 State Budget Acts. #16..
- 463 -
PART I, Page | 2
Applicants are strongly advised to submit proposals in advance of the due date and time to avoid disqualification.

Letters of Intent to Apply
Applicants interested in applying for a CalVIP grant are asked (but not required) to submit a non-binding letter indicating their intent to apply. These letters will aid the BSCC in planning for the proposal evaluation process. Please submit the letter in Microsoft Word or as a PDF.

There is no formal template for the letter, but it should include the following information:

1. Name of the applicant entity;

2. Name of a contact person; and

3. A brief statement indicating the applicant’s intent to submit a proposal.

Failure to submit a Letter of Intent is not grounds for disqualification. Prospective applicants that submit a Letter of Intent and decide later not to apply will not be penalized.

Please email a non-binding CalVIP Letter of Intent to Apply by Friday, January 7, 2022.

Please identify the email subject line as “CalVIP Letter of Intent” and submit the letter to [email protected].

Bidders’ Conference
Prospective applicants are invited to attend a virtual Bidders’ Conference. Attendance at the virtual Bidders’ Conference is not a requirement. The purpose of the CalVIP Bidders’ Conference is to answer technical questions from prospective bidders (applicants) and provide clarity on RFP instructions. Topics may include but are not limited to proposal submission instructions, information on evidence-based violence reduction initiatives, eligibility, funding, and an overview of the evaluation requirements. There is no preference given to applicants who attend the Bidders’ Conference.

Bidder’s Conference details are listed below:

CalVIP Virtual Bidders’ Conference
Friday, December 17, 2021, at 10:00 a.m.

Public access options for this meeting include:

Join by Zoom:
• https://us02web.zoom.us/j/84924696594?pwd=WVIrcG9GVGJLVE1mcjdFalJU UnowZz09
• Meeting ID: 849 2469 6594 | Passcode: 588976
Call In:
• 1-669-900-9128
• Meeting ID: 849 2469 6594 | Passcode: 588976
#16..
- 464 -
PART I, Page | 3
CalVIP Purpose
Assembly Bill (AB) 1603 (Chapter 735, Statutes of 2019), also known as the Break the Cycle of Violence Act was signed by Governor Newsom on October 11, 2019. In pertinent part, AB 1603 codified the establishment of the CalVIP and defined its purpose as follows:

The purpose of CalVIP is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults.

CalVIP grants shall be used to support, expand, and replicate evidence-based violence reduction initiatives, including, without limitation, hospital-based violence intervention programs, evidence-based street outreach programs, and focused deterrence strategies, that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults. These initiatives shall be primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future.

Eligibility to Apply
Eligible applicants are cities that are “disproportionately impacted by violence” (see Table 1 below) and community-based organizations that serve the residents of those cities. (Pen. Code, § 14131, subd. (b).)
For city applicants, either the city itself or a department within the city may serve as the applicant.

Eligible applicants may not submit more than one proposal. However, any applicant may apply as a direct grantee and may also be a subgrantee on a maximum of two additional proposals. If an applicant intends to apply directly and is also a subgrantee on another proposal, the proposals cannot be duplicative and must fund separate and unique activities.

For purposes of the CalVIP grant program, a city is disproportionately impacted by violence if any of the following are true:
(1) The city experienced 20 or more homicides per calendar year during two (2) or more of the three (3) calendar years immediately preceding the grant application. (2) The city experienced 10 or more homicides per calendar year and had a homicide rate that was at least 50% higher than the statewide homicide rate during two (2) or more of the three (3) calendar years immediately preceding the grant application.
(3) The applicant otherwise demonstrated a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community.
(Pen. Code, § 14131, subd. (e).)
#16..
- 465 -
PART I, Page | 4
A “unique and compelling need,” as defined by the CalVIP ESC is:
• The city experienced five (5) or more homicides during two (2) or more of the three (3) years prior to the grant application.

See Appendix A for a description of the BSCC’s data analysis process.

Table 1 identifies the 53 cities that meet one (1) or more of the above three (3) criteria.

See Appendix B for a list of eligible cities including population. These cities and any community-based organization (CBO) that serves the residents of these cities are eligible to apply for CalVIP funding. The CBO need not be physically located inside the city limits in order to be eligible.

Table 1. Cities Eligible to Apply for CalVIP Funding*
City
(1) 20 or more
homicides per
calendar year
(2) 10 or more
homicides per
calendar year
(3) 5 for more
homicides per
calendar year
1 Anaheim X
2 Antioch X
3 Bakersfield X X X
4 Carson X
5 Cathedral City X
6 Chula Vista X
7 Colton X
8 Compton X X
9 Delano X
10 El Cajon X
11 El Monte X
12 Fairfield X
13 Fontana X
14 Fresno X X X
15 Gardena X
16 Hayward X
17 Hemet X
18 Hesperia X
19 Inglewood X X
20 Jurupa Valley X
21 Lancaster X
22 Long Beach X X
23 Los Angeles X X X
24 Merced X
25 Modesto X
#16..
- 466 -
PART I, Page | 5
Table 1. Cities Eligible to Apply for CalVIP Funding*
26 Moreno Valley X
27 Norwalk X
28 Oakland X X X
29 Ontario X
30 Oxnard X
31 Palm Springs X
32 Palmdale X
33 Pasadena X
34 Perris X
35 Pomona X X
36 Rancho Cordova X
37 Redlands X
38 Rialto X
39 Richmond X X
40 Riverside X
41 Sacramento X X X
42 Salinas X
43 San Bernardino X X X
44 San Diego X X
45 San Francisco X X
46 San Jose X X
47 Santa Ana X
48 Santa Maria X
49 Stockton X X X
50 Tracy X
51 Turlock X
52 Vallejo X X
53 Victorville X
* CBOs that serve the residents of these cities are also eligible to apply Eligible Community-Based Organizations
Community-based organizations (CBOs) eligible for CalVIP funding include any nongovernmental organization that provides direct services to the community and meets the following eligibility criteria. Private individuals, independent contractors, professional grants management organizations, consulting firms, auditors, and evaluators may not apply directly for CalVIP funds (though they may be included as partners on a CalVIP grant project).
#16..
- 467 -
PART I, Page | 6
All applicants must submit Appendix C, Criteria for NGOs that Receive BSCC Grant Funds as part of the complete proposal package to document the compliance of any NGOs identified as partners in the proposal. All grantees must submit an updated Appendix C throughout the life of the grant agreement for any additional NGOs that may receive CalVIP funds through subcontracts after awards are made. The BSCC will not reimburse for costs incurred by NGOs that do not meet the BSCC’s requirements.

Grant Period
Successful proposals will be funded for a three-year grant project service period commencing on July 1, 2022 and ending on June 30, 2025.

However, an additional six (6) months (July 1, 2025, through December 31, 2025) will be included in the term of the contract for the sole purposes of:

Eligibility Criteria for All Non-Governmental Organizations Receiving BSCC Grant Funds
Any non-governmental organization that receives CalVIP grant funds (as either a direct grantee, subgrantee, or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the CalVIP grantee;
• Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the granteesubcontractor fiscal agreement; • Be a nonprofit and recognized by the Internal Revenue Service as a 501(c)(3) organization;
• Employ persons or volunteers that have a minimum of three (3) years of combined experience in implementing violence reduction strategies and have implemented these strategies within the past five (5) years; • Be registered with the California Secretary of State’s Office; • Have an Employer Identification Number (EIN);
• Have a valid business license, if applicable;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address in the State of California. (An agent for service of process with a California address is insufficient.)
#16..
- 468 -
PART I, Page | 7
1) Finalizing and submitting a required Local Evaluation Report, and 2) Finalizing and submitting a required financial audit.

The total grant agreement term will be July 1, 2022 to December 31, 2025.

Funding Information
Funding Distribution & Funding Thresholds
The total available funding through this CalVIP Request for Proposals is $209,650,000. 3 This funding amount has been distributed across three (3) categories, as shown in Table 2 (below). Applicants within each category will compete independent of the other categories.

Applicants may apply for any amount up to and including the maximum grant amount in one (1) of the three (3) categories. Applicants are strongly encouraged to apply for only the amount of funding needed to implement the project. Proposals will be scored, in part, on the reasonableness of the proposed budget.

Table 2. Funding Distribution and Maximum Grant Amounts Funding Categories Maximum Grant
Amount*
Available
Funding
(1) Cities Disproportionately Impacted by Violence $6,000,000 $99,825,000 (2) CBOs that Serve the Residents of Cities
Disproportionately Impacted by Violence $6,000,000 $99,825,000 (3) Small Scope CBOs that Serve the Residents of
Cities Disproportionately Impacted by Violence $400,000 $10,000,000 Total Funding Available for Competitive Grants $209,650,000 *Applicants may apply for any amount, up to and including the maximum grant amount.

City of Los Angeles
The State Budget Act provides that $2,000,000 be made available annually to the City of Los Angeles on a non-competitive basis. The City of Los Angeles is required to submit a proposal that meets the RFP requirements. (Note: CBOs serving residents within the City of Los Angeles are still eligible to apply separately under funding categories 2 and 3, as applicable.)
Mandatory Pass-Through Requirement for City Applicants
Authorizing statute requires that all city grantees pass-through at least 50 percent (50%) of the grant funds they receive to at least one (1) of the following:
• Non-governmental, community-based organizations and/or 3 Provided funding is appropriated in the FY 2022-23, and 2023-24 State Budget Acts #16..
- 469 -
PART I, Page | 8
• Public agencies that are not law enforcement whose primary mission is violence prevention or community safety (e.g., Office of Violence Prevention, Office of Neighborhood Safety, etc.). Note: if the city designates this type of department or agency as the applicant entity, this requirement will be automatically met.

Funds paid to professional grants management organizations, consulting firms, auditors, and evaluators do not count toward meeting this pass-through obligation.

BSCC Funding Decisions
Applicants will compete for funds within their applicable funding category (see Table 2).

Once the proposals have been scored and ranked, BSCC will move down the ranked lists to fund all qualified applicants in each of the three (3) funding categories until all funds in that category are exhausted. Applicants that fall at the cut-off point may be offered a partial award if there are not sufficient remaining funds to make a full award.

If funding remains in one or more categories, the following will occur:
• Funds remaining in Category (1), after all qualified applicants in that category have been fully funded, will be used to fund any additional qualified applicants in Category (2).
• Funds remaining in Category (2), after all qualified applicants in that category have been funded, will be used to fund any additional qualified applicants first in Category 3 and then Category (1).
• Funds remaining in Category (3), after all qualified applicants in that category have been funded, will be used to fund any additional qualified applicants in first Category (2) and then Category (1).

If an applicant or grantee relinquishes an award, BSCC has authority to offer that award to the next qualifying applicant (s) on the ranked list.

Match Requirement
Authorizing statute requires all CalVIP grantees contribute a 100 percent (100%) match to all grant funds awarded. This match can be cash or in-kind or a combination of both.

Grantees must maintain documentation to support all match that is claimed.

Cash match, also known as hard match, is income from a source other than grant funds that is budgeted for the project. When used to augment the project, cash expenditures for items such as personnel, facilities, and supplies may be considered cash match, if not in violation of the prohibition on supplanting. Grantees must maintain documentation to support the claimed cash match.

Note: CalVIP funds cannot be used as match for another CalVIP grant.

In-kind match, also known as soft match, is the project’s contribution of non-cash outlay of materials or resources to support a percentage of the BSCC’s Grant Award activities.

It may include non-cash outlay contributed by other public agencies and institutions, private organizations, and individuals. Examples include donated office supplies, #16..
- 470 -
PART I, Page | 9
equipment, professional services, and volunteer time. In general, the value of in-kind contributions is determined by fair market value. Grantees must maintain documentation to support the claimed in-kind match.

Because in general, the value of in-kind contributions is determined by fair market value.

If volunteer services are counted as in-kind contributions, additional measures should be followed to document the value of the services. Projects must document actual time worked by using a time reporting system and maintain documentation to support the claimed hourly pay rate of the volunteer services. The rate claimed should be comparable to the rates for paid employees performing similar duties. Published rates will not be allowed unless the grantee can provide evidence that the rates are comparable.

The documentation should include duty statements for the volunteer positions, and the comparable paid employee positions, and information regarding the hourly pay rates paid to those employees. The hourly volunteer rates used multiplied by the volunteer hours worked must total the dollar amount of the claimed in-kind contributions. This calculation and the other referenced documentation must be maintained as part of the accounting records.

Project Description
Target Population & Target Area
AB 1603 mandates that initiatives funded by the CalVIP grant program shall be “primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future.” (Pen. Code, § 14131, subd. (c).)
The applicant must describe how it will identify the target population, including the process used to ensure those individuals at highest risk are prioritized. The applicant must have a plan for reaching those individuals those individuals and providing appropriate interventions based on an individual’s needs. The target area for grant services should correspond to the target population.

Eligible Activities for Funding
AB 1603 requires that CalVIP grants be used to support, expand and replicate evidencebased violence reduction strategies “that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults.” (Pen. Code, § 14131, subd. (c).) Within that definition, applicants have some discretion in selecting a strategy or strategies that best fit the scope of the problem and the needs of the target community.

Table 3. Examples of Evidence-based Strategies
Including but not limited to:
 Cognitive Behavioral Therapy
 Collective Efficacy
 Diversion
 Employment/Job Training
 Focused Deterrence
 Hospital-Based Violence Intervention
 Intensive Case Management
 Mental Health Services
 Mentoring/Credible Messengers
 Street Outreach
#16..
- 471 -
PART I, Page | 10
Table 3 includes examples of the types of strategies that may be funded by this grant.

The listed examples are not exhaustive nor are applicants required to implement them.

Applicants may choose to incorporate components from several strategies to best fit the needs of the individuals targeted for services, including families and victims of violence.

See Appendix D, Glossary of Terms, for descriptions of these strategies and other resources.

Regardless of the strategy or strategies selected, applicants must be able to explain why that strategy was chosen for the target population/target area and cite evidence that indicates the strategy is likely to “reduce the incidence of homicides, shootings and aggravated assaults.” (Pen. Code, §14131, subd. (f)(4).) Technical Assistance
Most of the strategies listed above require technical assistance in order to be implemented with fidelity to the model. To ensure grant funds are used efficiently and effectively, CalVIP grantees are strongly encouraged to obtain outside technical assistance (i.e., subject matter expertise) in implementing and monitoring the selected violence reduction strategy. If an applicant is expanding or enhancing an existing strategy, the applicant must be able to demonstrate a plan for ongoing monitoring and quality assurance.

Other Eligible Grant Expenditures
The BSCC recognizes offering meals, incentives, and participant support items can help maximize participation among clients engaged in services. CalVIP grant funds may be used to purchase meals or snacks, items or activities used as program incentives, and participant support items, only if they are used to encourage program participation, reward participants who meet certain documented milestones, or celebrate program completion.

In all cases, there must be a direct link to grant-funded activities.

Once the Grant Agreement is executed, explicit prior written approval from the BSCC is required for the purchase of any of the items listed above or for participant travel, even if these items were included in the original application’s proposed budget. Further, successful applicants will be required to maintain and provide detailed documentation for any meals, incentives, and travel purchased with match or grant funds. Discretion for final approval of any purchases under this section lies with the BSCC. Purchases should not be made until the BSCC approves the written request. The BSCC shall not be obligated to reimburse purchases made with CalVIP grant funds without prior approval.

Ineligible Grant Expenditures
CalVIP grant funds may not be used for the following:
• Acquisition of real property/real estate
• Firearms, weapons, weapons systems, ammunition, or tactical training4 • High-tech surveillance or monitoring equipment and intelligence systems (e.g., shot spotter, gang database)
• “Scared Straight” type programs (see https://crimesolutions.ojp.gov/) 4 Tactical training could include firearms, tactical movement, tactical combat and/or SWAT training. #16..
- 472 -
PART I, Page | 11
For additional information on eligible and ineligible costs, refer to the BSCC Grant Administration Guide, found on the BSCC website.

Using the Principles of Evidence-Based Practice5
The BSCC is committed to supporting a focus on better outcomes in the criminal justice system and those involved in it. CalVIP grant funds must be used to support programs, practices, and strategies rooted in documented evidence showing they reduce violence while also considering the needs of the target communities and individual participants.

Applicants are therefore required to use data to drive conscientious decision-making in the development, implementation, and appraisal of their overall projects. Applicants should be able to demonstrate that their proposal is linked to the implementation of practices and strategies supported by data.

The extent to which an applicant can demonstrate that the strategy they have chosen has been shown to be effective at reducing violence will be evaluated as a part of the rating process. In developing a proposal, applicants should focus on the following three (3) basic principles:

1. Is there evidence or data to suggest that the intervention or strategy is likely to work, i.e., produce a desired benefit?
For example, was the intervention or strategy selected by the project used by another entity with documented positive results? Is there published research/information on the chosen intervention that demonstrates its effectiveness? Is the intervention or strategy being used by another entity with a similar problem and similar target population?

2. Once an intervention or strategy is selected, will you be able to demonstrate that it is being carried out as intended?
For example, does this intervention or strategy provide for a way to monitor quality control or continuous quality improvement? If this intervention or strategy was implemented by another entity, are there procedures in place to ensure the model is being closely followed (so the project is more likely to achieve similar desired outcomes)?

3. Is there a plan to collect data that will allow for an appraisal of whether the intervention or strategy worked?
For example, will the intervention or strategy selected allow for the collection of data or other information so outcomes can be measured at the conclusion of the project? Are there or will there be processes in place to identify, collect, and analyze that data/information?
Applicants are encouraged to develop an overall project that incorporates these principles and is tailored to fit the needs of the communities they serve. Plans to measure the effectiveness of a project should include the use of both qualitative and quantitative 5 Lowenkamp and Latessa, 2003, Lowenkamp, 2003; Lowenkamp & Latessa, 2005a; Lowenkamp and Latessa, 2005b; Center for Criminal Justice Research and the Corrections Institute at the University of Cincinnati, Correctional Program Checklist Assessment.
#16..
- 473 -
PART I, Page | 12
data/information. While quantitative data/information is based on numbers and mathematical calculations, qualitative data/information is based on written or spoken narratives. The purpose of quantitative data/information is to explain, predict, and/or control events through focused collection of numerical data, while the purpose of qualitative data/information is to explain and gain insight and understanding of events through collection of narrative data/information.

Reducing Racial and Ethnic Disparity
Research shows that youth and adults of color are significantly overrepresented in the criminal justice system in California.
6 BSCC supports efforts to reduce racial and ethnic
disparities and encourages others to do the same. The BSCC has undertaken several activities to ensure that California addresses this concern including trainings. Applicants should, as relevant, describe how grant activities will impact youth of color who are subject to justice or child welfare system involvement.

For additional information about reducing racial and ethnic disparity (R.E.D.), prospective applicants may contact the R.E.D. Coordinator, Field Representative Timothy Polasik, at [email protected].

Organizational Capacity and Coordination
Applicants will be rated, in part, on how well they demonstrate they have the experience, a staffing plan, and any partnerships necessary to implement the proposed strategy. If an applicant is unable to identify staff and/or subcontractors until after the grant is awarded, the applicant should explain, at a minimum, the process and criteria by which they will select staff and/or subcontractors after award.

Distinct from administrative staff and partners, applicants must also demonstrate how they plan to ensure that the staff who deliver the services or work with the target population in the field have backgrounds and experience that are culturally relevant to the proposed strategy and/or target population (to include racial/ethnic diversity, gender diversity, current or prior system involvement, etc.).

AB 1603 requires that applicants address how they will use grant funds to enhance coordination of existing violence prevention and intervention programs and minimize duplication of services. (Pen. Code, § 14131, subd. (f)(3).) Successful applicants are strongly encouraged to take stock of existing programs in order to identify those that might conflict with, compete with, or duplicate the strategy they are proposing to implement.

Written Agreements from Key Partners
If the success of the proposed strategy relies on the participation of an outside agency or organization (i.e., an entity other than the applicant is to play a necessary or critical role in project implementation), the applicant must include a Letter of Commitment to 6 Multiple studies confirm the disparities in the criminal and juvenile justice systems. The W. Haywood Burns Institute (http://www.burnsinstitute.org/) has worked extensively on this issue as has the National Council on Crime and Delinquency (NCCD) and the Center for Juvenile Justice Reform, Georgetown University (https://cjjr.georgetown.edu/certificate-programs/reducing-racial-and-ethnic-disparities/) Created Equal: Racial and Ethnic Disparities in the US Criminal Justice System (NCCD: Hartney/Vuong March 2009) #16..
- 474 -
PART I, Page | 13
demonstrate that the outside agency is aware of the proposed partnership and agrees to participate.

Examples of necessary or critical roles played by outside entities could include:
• A source of referrals,
• The location where services will be delivered,
• Access to the target population,
• Data collection partner, etc.

A Letter of Commitment must include the name of the outside entity, be signed by the executive officer, department head, or other authorized representative, and be dated within three (3) months of CalVIP proposal submission. Outdated letters or letters that speak to a partnership or grant activities outside of the activities listed in the proposal, will not be accepted. See Appendix E for a sample Letter of Commitment for Key Partners.

General BSCC Grant Requirements
Grant Agreement
Applicants approved for funding by the BSCC Board are required to enter into a Grant Agreement with the BSCC. Grantees must agree to comply with all terms and conditions of the Grant Agreement. See Appendix F for a sample BSCC Grant Agreement.

The Grant Agreement start date is expected to be July 1, 2022. Grant Agreements are considered fully executed only after they are signed by both the grantee and the BSCC and the BSCC is in receipt of all required attachments including documentation of signing authority. Work, services, and encumbrances cannot begin prior to the Grant Agreement start date. Any work, services and encumbrances that occur after the start date but prior to Grant Agreement execution may not be reimbursed. Grantees and all subgrantees are responsible for maintaining their Grant Agreement, all invoices, records, and relevant documentation for the life of the grant cycle plus three (3) years after the final payment under the contract.

Signing Authority
Before the grant award can be finalized and funds awarded, a successful city applicant must submit either a resolution from its Governing Board that delegates authority to the individual authorized to execute the grant agreement or sufficient documentation indicating that the individual who signs the grant agreement has been vested with plenary authority to execute grant agreements (e.g., a municipal ordinance or city ordinance/charter delegating such authority to a city manager or department head).

Non-profit/501(c)(3) applicants or business entities with boards of directors must provide evidence that the person signing the grant agreement has signing authority, which may include articles of incorporation, bylaws, or a board resolution conferring authority to the signatory.

This documentation is not required at the time of proposal submittal, but applicants are advised that the grant agreement will not be fully executed, nor will any financial invoices #16..
- 475 -
PART I, Page | 14
be processed for reimbursement until the required documentation has been received by the BSCC. A sample Governing Board Resolution can be found in Appendix G.

Invoicing
Disbursement of grant funds occurs on a reimbursement basis for costs incurred during a reporting period. The State Controller’s Office (SCO) will issue the warrant (check) to the individual designated on the Applicant Information Form as the Financial Officer for the grant. Grantees must submit invoices to the BSCC on either a monthly or quarterly basis through the online process no later than 45 days following the end of the invoicing period. (Grantees will make their choice between monthly or quarterly invoicing at the time they execute their contracts.)
Grantees must maintain adequate supporting documentation for all costs claimed on invoices. BSCC staff will conduct a desk review process which requires grantees to submit electronic documentation to support all grant funds claimed during the invoicing period. In addition, BSCC staff will conduct on-site monitoring visits that will include a review of documentation maintained as substantiation for project expenditures with grant funds.

Additional information about invoicing can be found in the BSCC Grant Administration Guide, located on the BSCC website.

Reporting Match Contributions
Reporting of the contribution of match obligations need not be made in exact proportion to the expenditure of grant funds. However, before the grant expires or is terminated, the match contribution must be equal to the amount of grant funds expended. Match contribution must be reported on the BSCC invoice, as the expenditures occur. Match funds and related contributions must also be identified in the accounting records (e.g., general ledger) and included within any grant-specific audit reports. Supporting documentation must be maintained for all match contributions.

Applicants shall budget only for the mandatory 100 percent (100%) match. The match amount specified in the project budget becomes part of the contractually obligated grant program. As part of the grant program, the match is subject to all fiscal, programmatic, and audit requirements and cannot be reduced or waived once the grant proposal is approved. In the event a funded project is unable to meet its contractual match obligation, all or a portion of the unmet match obligation may be deducted from reimbursement claims. In addition, the BSCC may seek reimbursement for any unmet match. Applicants should not request funds in excess of what that applicant is able to match.

Additional information about match requirements can be found in the BSCC Grant Administration Guide, located on the BSCC website.

Supplanting
Supplanting is the deliberate reduction in the amount of federal, state, or local funds being appropriated to an existing program or activity because grant funds have been awarded for the same purposes. Supplanting is strictly prohibited for all BSCC grants. CalVIP grant funds shall be used to support new program activities or to augment or expand existing program activities but shall not be used to replace existing funds. When using outside funds as match, applicants must be careful not to supplant. #16..
- 476 -
PART I, Page | 15
It is the responsibility of the grantee to ensure that supplanting does not occur. The grantee must keep clear and detailed financial records to show that grant funds are used only for allowable costs and activities.

Audit Requirements
Grantees are required to provide the BSCC with a financial audit that covers the service delivery period of the grant (July 1, 2022 to June 30, 2025). The audit report will be due no later than December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county or city’s project financial management functions. Expenses for the final audit may be reimbursed for actual costs up to $25,000.

In addition, BSCC reserves the right to call for a program or financial audit at any time between the execution of the grant agreement and three (3) years following the end of the grant period.

The Department of General Services, the California State Auditor, the Department of Finance or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this grant.

Quarterly Progress Reports
Grant award recipients are required to submit quarterly progress reports (QPRs) to the BSCC. QPRs are a critical element in the BSCC’s monitoring and oversight process.

Grantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to the withholding of funds. Once grants are awarded, the BSCC will work with grantees to create custom QPRs.

Project Evaluation Requirements
In addition to Quarterly Progress Reports, projects selected for funding will be required to submit to the BSCC:
1) A Local Evaluation Plan, due six (6) months post-award; and 2) A Final Local Evaluation Report, due six (6) months after the conclusion of project delivery.

See Appendix D for key definitions related to project evaluation.

Applicants are strongly encouraged to identify research partners early on and include them in the development of the proposal, to better ensure the goals and objectives listed in the proposal are realistic and measurable. Applicants are also strongly encouraged (but not required) to use outside evaluators to ensure objective and impartial evaluations.

Specifically, applicants are encouraged to partner with state universities or community colleges for evaluations.

Applicants must dedicate a minimum of five percent (5%) with a maximum of ten percent (10%) of the total grant funds requested for evaluation planning, oversight, and reporting activities.
#16..
- 477 -
PART I, Page | 16
Local Evaluation Plan
The purpose of the Local Evaluation Plan (LEP) is to ensure projects funded by the BSCC can be evaluated. Applicants will be expected to include a detailed description of how they plan to assess the effectiveness of the proposed program in relationship to each of its goals and objectives identified in the proposal. The LEP should describe the evaluation design or model that will be used to evaluate the effectiveness of the project component(s), with the project goals and the objectives clearly stated. Applicants should include criteria for both process and outcome evaluations. Once submitted, any modifications to the LEP must be approved in advance by the BSCC. (More detailed instructions on the LEP will be made available to successful applicants.) Final Local Evaluation Report
Following project service completion, grantees are required to complete a Local Evaluation Report (LER). The LER must be in a format prescribed by the BSCC. Within the LER, an Executive Summary must be included that adheres to the format prescribed by the BSCC specifically for the Executive Summary.

The purpose of the LER is to determine whether the overall project (including each individual component) was effective in meeting the goals laid out in the Local Evaluation Plan. To do this, the grantee must assess and document the effectiveness of the activities that were implemented within each individual project component. These activities should have been identified in the previously submitted LEP. More detailed instructions on the LER will be made available to successful applicants.

The BSCC may make public the LER from each grantee. Reports may be posted to the BSCC website and developed into a Summary Final Report submitted to the Legislature.

If the grantee plans to publish the LER, it must be submitted to the BSCC for review prior to publication.

Appendix H contains preliminary Guidelines for how to complete the LEP and LER.

Working with an Outside Evaluator
The BSCC intends to contract with a state university for a statewide evaluation of the impact of the violence prevention initiatives funded by the CalVIP grant program. The contractor is expected to: develop the research methodology for the statewide evaluation; design and develop instruments for collecting evaluation data from CalVIP grantees; provide ongoing technical assistance to grantees for data collection and evaluation activities; compile, screen, and analyze data obtained from grantees; and develop a final report on the impact of the CalVIP grant program. As a condition of award, all CalVIP grantees agree to collect data requested by the outside evaluator (this may include a standardized QPR format with specified outcome measures and/or standard outcomes measures as a required component in each LEP and LER) and fully cooperate and share information within timelines set by the outside evaluator.

CalVIP applicants should include sufficient per diem and travel allocations in their Project Budget for project-related and evaluation personnel to attend up to two one-day meetings in Sacramento with the outside evaluator.
#16..
- 478 -
PART I, Page | 17
Grantee Orientation Process
Following the start of the grant period, BSCC staff will conduct a mandatory Grantee Orientation (on a date to be determined later). The purpose of this mandatory session is to review the program requirements, invoicing and budget modification processes, data collection and reporting requirements, as well as other grant management and monitoring activities. Typically, the Project Director, Financial Officer, Day-to-Day Contact and (for cities) one Community Partner must attend. Grantees are also strongly encouraged to include their Evaluator.

If an in-person training is scheduled, Grant recipients may use CalVIP grant funds for travel-related expenditures such as airfare, mileage, meals, lodging, and other per diem costs. Applicants should include potential travel costs in the budget section of the proposal under the “Other” category for this single day event.

Travel
Travel is usually warranted when personal contact by project staff is the most appropriate method of conducting project-related business. Travel to and from training conferences may also be allowed. The most economical method of transportation, in terms of direct expenses to the project and the employee's time away from the project, must be used.

Projects are required to include sufficient per diem and travel allocations for projectrelated personnel, as outlined in the Grant Award, to attend any mandated BSCC training conferences or workshops outlined in the terms of the program.

Units of Government
Units of government may follow either their own written travel and per diem policy or the State’s policy. Units of government that plan to use cars from a state, county, city, district carpool, or garage may budget either the mileage rate established by the carpool or garage, or the state mileage rate, not to exceed the loaning agency rate.

Non-Governmental Organizations (NGOs)
An NGO receiving BSCC funds must use the State travel and per diem policy, unless the grantee’s written travel policy is more restrictive than the State's, in which case it must be used. Reimbursement is allowed for the cost of commercial carrier fares, parking, bridge, and road tolls, as well as necessary taxi, bus, and streetcar fares.

This policy applies equally to NGOs that receive grant funds directly from the BSCC and those that receive grant funds indirectly through a subcontract with another NGO that received a BSCC grant award.

Out-of-State Travel
Out-of-state travel is restricted and only allowed in exceptional situations. Even if previously authorized in the Grant Award, grantees must submit to the BSCC a separate formal request (on grantee letterhead) for approval that includes a detailed justification and budget information. Grantees must receive written approval from BSCC prior to incurring expenses for out-of-state travel.

In addition, California prohibits travel, except under specified circumstances, to states that have been found by the California Attorney General to have discriminatory laws.

The BSCC will not reimburse for travel to these states unless the travel meets a specific exception under Government Code section 11139.8, subdivision (c). For additional information, please see: https://oag.ca.gov/ab1887. #16..
- 479 -
PART I, Page | 18
Debarment, Fraud, Theft or Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the grant contract.

The BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All applicants must complete Appendix I certifying that they are in compliance with the BSCC’s policies on debarment, fraud, theft and embezzlement.

Compliance Monitoring Visits
The BSCC staff will monitor each project to assess whether the project is in compliance with grant requirements and making progress toward grant objectives. As needed, monitoring visits may also occur to provide technical assistance on fiscal, programmatic, evaluative, and administrative requirements.

For your reference, the Comprehensive Monitoring Visit checklist can be found on our website.

BSCC Executive Steering Committee Process
To ensure successful program design and implementation, the BSCC uses Executive Steering Committees (ESC) to inform decision making related to the Board’s programs.

The BSCC’s ESCs are composed of subject matter experts, community partners, and interested parties representing both the public and private sectors. The BSCC makes every attempt to include a diverse representation on its ESCs, in breadth of experience, geography and demographics.

ESCs are convened and approved by the BSCC Board as the need arises to carry out specified tasks, including the development of RFPs for grant funds. Not only do the ESCs develop RFPs, but members of the ESC also read and rate the proposals submitted by prospective grantees. Once the proposal evaluation process is complete, ESCs submit grant award recommendations to the BSCC Board and the Board then approves, rejects #16..
- 480 -
PART I, Page | 19
or revises those recommendations. Members of the ESCs are not paid for their time but are reimbursed for travel expenses incurred to attend meetings.

The CalVIP ESC includes a cross-section of subject matter experts on community engagement, prevention and intervention programs, law enforcement strategies, and rehabilitation and reentry, including individuals who have been impacted by the criminal justice system. A list of CalVIP ESC members can be found in Appendix J.

Conflicts of Interest
Existing law prohibits any grantee, subgrantee, partner, or like party who participated on the above referenced CalVIP ESC from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the CalVIP ESC membership roster and ensuring that no grant dollars are passed through to any entity represented by any member of the CalVIP ESC.

Overview of the RFP Process
Confirmation of Receipt of Proposal
Upon submission of a proposal, applicants will receive a confirmation email from the BSCC stating that the proposal has been received.

Disqualification - PLEASE REVIEW CAREFULLY
Disqualification means the proposal will not move forward to the ESC for the Proposal Rating Process and, therefore, will NOT be considered for funding under this grant.

The following will result in disqualification:
• An electronic version of the complete proposal package is not received by 5:00 p.m. PST on February 11, 2022.
• Budget Attachment (Excel document) is incomplete, or the total amount included in the budget table does not match the requested amount included elsewhere in the application.
• Budget Attachment (Excel document) exceeds 4 pages in length. • Proposal Package does not contain all the required section and attachments (esignatures will be accepted in place of original signatures); o Coversheet – accurately completed
o Proposal Checklist – filled out (i.e, all checkboxes checked) o Applicant Information Form – completed and signed
o Proposal Narrative
o 2022 CalVIP Budget Attachment (Excel document)
o Letters of Commitments from Key Partners (if applicable, Appendix E) o Project Work Plan (Appendix K) (not to exceed 1 page) • Applicant’s funding request was more than $6 million (for Funding Categories 1 and 2) or $400,000 (for Funding Category 3).
#16..
- 481 -
PART I, Page | 20
• City Applicant did not indicate its intention to pass through at least 50 percent (50%) of any awarded funds to one or more CBOs and/or public agencies whose primary mission is violence prevention or community safety.

Formatting
Applicants shall comply with the following formatting requirements:
• Proposal Narrative must meet the narrative formatting requirements below:
o Arial 12-point font
o One-inch margins on all four sides
o 1.5-line spacing
• Proposal Narrative shall not exceed 12 numbered pages in length Note: Proposals exceeding the page limit shall not automatically be disqualified.

However, BSCC staff shall remove ALL pages in excess of the page limit before forwarding the proposal to the ESC for rating, which may negatively impact a proposal’s score. If line spacing, formatting, or font size results in the inclusion of additional content in excess of prescribed page limits, excess pages shall be removed or the proposal may be disqualified. Illegible or unreadable proposals shall be disqualified.

Proposal Rating Process
Unless disqualified, proposals will advance to the Proposal Rating Process. The 2021 CalVIP ESC members will read and score each proposal in accordance with the prescribed rating factors listed in the table below. The ESC members will base their scores on how well an applicant addresses the items listed under each rating factor within the Proposal Narrative and Budget. ESC member ratings, once submitted to the BSCC, will be final.

At the conclusion of this process, applicants will be notified of the funding recommendations. It is anticipated the BSCC Board will act on the recommendations at its meeting on June 9, 2022. Applicants and partners are not to contact members of the ESC nor the BSCC Board to discuss proposals.

Rating Factors
The Rating Factors that will be used and the maximum points assigned to each factor are shown in the table below. Applicants will be asked to address each of these factors as a part of their proposal. The CalVIP ESC assigned a percent value to each of the five Rating Factors, correlating to its importance within the overall project (see Percent of Total Value column).
#16..
- 482 -
PART I, Page | 21
CalVIP Rating Factors Point
Range
Percent of
Total Value
Weighted Rating
Factor Score
1 Description of Community Need 0 - 5 15% 30
2 Project Description 0 - 5 40% 80
3 Organizational Capacity and
Coordination 0 - 5 20% 40
4 Project Evaluation and Monitoring 0 - 5 12% 24
5 Project Budget 0 - 5 13% 26
Total: 100% 200
Evaluators will rate an applicant’s response in each of these categories on a scale of 0-5, according to the Six-Point Rating Scale shown below. Each rating factor then will be weighted according to the Percent of Total Value (determined by the ESC) associated with the Rating Factor to arrive at the final Weighted Rating Factor Score. The Weighted Rating Factor Scores are then added together for a final overall proposal score.

There are no preference points available.

Six Point Rating Scale
Not
Responsive
0 Poor
1 Fair
2 Satisfactory
3 Good
4 Excellent
5 The
response
fails to
address
the criteria.

The
response
addresses
the criteria
in a very
inadequate
way.

The response
addresses the
criteria in a nonspecific or
unsatisfactory
way.

The
response
addresses
the criteria
in an
adequate
way.

The
response
addresses
the criteria
in a
substantial
way.

The
response
addresses
the criteria in
an
outstanding
way.

Scoring Threshold/Minimum Score
To be considered for funding, a proposal must meet a threshold of 50 percent (50%), or minimum proposal score of 100 total points.

In the event two proposals have identical proposal scores, the tie will be resolved by evaluating the individual Rating Factor scores of the two proposals, starting with the highest weighted Rating Factor (in this case, the Project Description score). If an identical score occurs on this Rating Factor, Rating Factor Scores will be used in the following order based on the descending weight valued until the tie is broken: Organizational Capacity and Coordination, Description of Community Need, Project Budget, and finally Project Evaluation and Monitoring.
#16..
- 483 -
PART I, Page | 22
Key Dates
The following table shows a timeline of key dates related to the CalVIP Grant.

Activity Date
Release Request for Proposals November 19, 2021
Bidders’ Conference December 17, 2021
Letter of Intent Due to the BSCC January 7, 2021
Proposals Due to the BSCC February 11, 2022
Proposal Rating Process and Development of Funding
Recommendations April-May 2022
BSCC Board Considers Funding Recommendations June 9, 2022 Notices to Applicants June 10, 2022
Grant Period Begins July 1, 2022
Mandatory New Grantee Orientation August or September 2022 Local Evaluation Plan Due December 31, 2022
Grant Service Project Period Ends June 30, 2025
Final Evaluation Report & Financial Audit Due and
Grant Ends December 31, 2025
#16..
- 484 -
PART II, Page | 23
PART II: PROPOSAL INSTRUCTIONS
The following section contains pertinent information on how to complete the Request for Proposal package for the CalVIP Grant Program. Submittal instructions are included in Part I, page 6. The following items are included in Part II:
• Proposal Narrative and Budget Guidelines
o Instructions for Proposal Narrative, Sections 1-4
o CalVIP Budget Attachment, Section 5
***THE REQUEST FOR PROPOSAL PACKAGE CAN BE

FOUND AT THE VERY END OF THIS ENTIRE
DOCUMENT***
#16..
- 485 -
PART II, Page | 24
Proposal Narrative and Budget Guidelines
The five rating factors will be addressed in two separate parts, the Proposal Narrative and the Budget Attachment, as shown here:

Section Rating Factor Percent
Value Addressed In:
1 Description of Community Need 15%
Proposal
Narrative
2 Project Description 40%
3 Organizational Capacity and Coordination 20%
4 Project Evaluation and Monitoring 12%
5 Project Budget (Budget Tables & Narrative) 13% Budget Attachment
Instructions for Proposal Narrative
The Proposal Narrative should address the first four Rating Factors – Description of Community Need, Project Description, Organizational Capacity and Coordination, and Project Evaluation and Monitoring – using each of the section headers provided in the CalVIP Proposal Narrative template. The CalVIP Proposal Narrative template can be found at the end of this document (formatted in Arial 12-point font with one-inch margins on all four sides and at 1.5-line spaced). The Proposal Narrative cannot exceed twelve (12) numbered pages in length.

It is up to the applicant to determine how to use the total page limit in addressing each section, however as a guide, the percent of total point value for each section is listed next to each header.

Do not include website links. Charts, tables or graphs must meet the spacing and font requirements. Applicants may include a one-page bibliography containing citations, using either the Modern Language Association (MLA) or American Psychological Association (APA) style. The bibliography will not be counted toward the12-page limit and formatting restrictions do not apply to the one-page bibliography.

The Proposal Narrative and 12-page limitation does not include the following mandatory items:
• Cover Sheet
• Proposal Checklist
• Applicant Information Form
• 1-Page Bibliography (optional)
• Budget Attachment
• 1-Page Project Work Plan
• Other required Attachments (see Proposal Checklist).
#16..
- 486 -
PART II, Page | 25
Section 1: Description of Community Need (Percent of Total Value: 15%) Address the rating factor for Description of Community Need in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Description of Community Need: Description of Community Need: The applicant described a community need that is pertinent to the intent of the grant program. The elements that comprise the Description of Community Need are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated.

1.1 Describe the need(s) in the target area and/or target population that contribute to the disproportionate impact of violence, primarily homicides, shootings, and aggravated assaults. This description of community need should include:
• a description of existing violence in the targeted area. • identification of the primary factor(s) that contribute to the violence. • qualitative and quantitative data in support of the identified factor(s) (all data sources to be cited).
• service gaps that are connected to the identified factor(s) and/or contribute to the violence.

1.2 Identify the target area and/or target population. This description should include, when appropriate:
• how the target area and/or target population relate to the need(s) identified in 1.1.
• the process the applicant used or will use to identify the target population, to include those individuals and their family members who are at highest risk of perpetrating violence or being victimized or affected by violence. • the total number of high-risk individuals projected to be served. • quantitative and qualitative data to explain why the target area and/or target population was selected (all data sources to be cited). #16..
- 487 -
PART II, Page | 26
Section 2: Project Description (Percent of Total Value: 40%) Address the rating factor for Project Description in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Project Description: The applicant provided a description of the project that is related to the need(s) they described and the intent of the authorizing legislation. The elements that comprise the Project Description are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated.

2.1 Describe the proposed evidence-based violence reduction strategy (per AB 1603).

This description should include:
• the relationship between the proposed strategy and the need(s), target area and/or target population identified in the Description of Community Need section. • a rationale to support the selection of the proposed strategy which includes relevant evidence or research supporting its use for reducing the incidence of homicides, shootings, and/or aggravated assaults within the target area and/or target population (may include evidence-based, evidence-informed, promising, data-driven, and/or innovative practices – see pages 11-12). • an explanation of how the proposed strategy will achieve reductions in violence without relying on mass incarceration, if applicable.

2.2 For project participants, describe:
• the plan for identifying, accessing, and serving individuals from the target population who are eligible and appropriate for participation in the strategy. • plans to overcome any inability to access and/or serve those individuals. • the strategy/strategies for maintaining sustained engagement. • the plan for tailoring services to participants’ needs; for example, risk/needs assessment.

2.3 Provide a Project Work Plan (Appendix K) that:
• identifies the project’s goal(s) and measurable objectives (see Appendix D for definitions) that are related to the community need(s) identified in 1.1. • identifies how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates.
• is aligned with the proposed strategy.
#16..
- 488 -
PART II, Page | 27
Section 3: Organizational Capacity and Coordination (Percent of Total Value: 20%) Address the rating factor for Organizational Capacity and Coordination in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Organizational Capacity and Coordination: The applicant described their organization’s ability to implement the proposed project. The elements that comprise the Organizational Capacity and Coordination section are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated.

3.1 Describe the experience, current staffing, community support, and partnerships the lead agency will use to implement the proposed strategy. Include key partners’ letters of commitment describing involvement aligned with the proposed strategy, if applicable. If staff and/or subcontractors are to be selected after the grant is awarded, then specify the process and criteria for selecting those staff and/or subcontractors.

3.2 Describe how the proposed violence reduction strategy/strategies will enhance coordination of existing violence prevention and intervention programs and minimize duplication of services (per AB 1603).

3.3 Describe a reasonable and realistic plan for training and supporting the staff and/or subcontractors who will deliver the proposed strategy to the target population, including your approach for supporting the overall wellbeing of staff; for example, providing mental health/counselling services, wellness activities, etc.

3.4 Describe the cultural competence of staff and subcontractors and how it is relevant to the proposed project. Include past and/or ongoing experience working with the target population.

3.5 Describe plans for involvement of individuals impacted by violence, including system-impacted and/or formerly/currently system-involved individuals, in the project’s design, implementation, and evaluation process.

3.6 Describe a plan for obtaining outside technical assistance (i.e., subject matter expertise) to implement the proposed violence reduction strategy or explain how the lead agency will ensure that the proposed strategy is implemented as intended. #16..
- 489 -
PART II, Page | 28
Section 4: Project Monitoring and Evaluation (Percent of Total Value: 12%) Address the rating factor for Project Monitoring and Evaluation in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Project Evaluation and Monitoring: The applicant described how it will monitor and evaluate the effectiveness of the proposed project. The elements that comprise the Project Monitoring and Evaluation section are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated.

4.1 Describe the plan to determine the staff and/or entity that will conduct the project evaluation and how monitoring activities will be incorporated in the various phases of the project; for example, start-up, implementation, service delivery period, etc.

4.2 Identify the process and outcome indicators that are quantifiable and in line with the intent of the proposal and the objectives listed in the Work Plan.

4.3 Describe the preliminary plan for how to collect and evaluate baseline and outcome data related to the process and outcome indicators identified in 4.2. Describe a plan for entering into data sharing agreements, if necessary.

CalVIP Budget Attachment
Section 5: Project Budget (Percent of Total Value: 13%) As part of the application process, applicants are required to submit the 2022 CalVIP Project Budget and Budget Narrative (Budget Attachment). A link to the Budget Attachment can be found at the end of this document, with the Request for Proposals instructions.

The following items are rated as a part of this section and must be addressed by the applicant in the Budget Attachment. The response will be evaluated with a single rating based on a scale of 0-5.

Project Budget: The applicant provided a complete Budget Attachment (Project Budget and Budget Narrative) for the proposed project. The elements against which the Budget Attachment will be rated are listed below. Addressing each element does not itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated.

5.1 Provide complete and detailed budget information with language to support each budget category, as applicable. The expenses must be appropriate to the proposed strategy.

5.2 Demonstrate how the amount of grant funds requested is commensurate with the scope of the proposal and the demonstrated need(s) for these additional resources (per AB 1603).

5.3 Describe how the dollar-for-dollar match requirement will be met (either cash or inkind) (per AB 1603). #16..
- 490 -
PART III, Page | 29
PART III: APPENDICES
#16..
- 491 -
PART III, Page | 30
Appendix A: BSCC’s Crime Data Analysis
In defining “disproportionately impacted by violence,” the CalVIP ESC used the definitions provided AB 1603. AB 1603 states that a city is considered to be disproportionately impacted by violence if any of the following are true:

1. The city experienced 20 or more homicides per calendar year during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

2. The city experienced 10 or more homicides per calendar year [during two or more of the three calendar years immediately preceding the grant application] and had a homicide rate that was at least 50 percent (50%) higher than the statewide homicide rate during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

3. An applicant otherwise demonstrates a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community.

Under the definitions provided in criteria 1 and 2 from AB 1603, the BSCC identified 12 cities that were considered disproportionately impacted by violence and therefore eligible to apply for the grand funds.

After reviewing the number of homicides and homicide rates across California cities, the CalVIP ESC determined a city had a “unique and compelling need” if the city experienced 5 or more homicides per calendar year during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

Using this definition of “unique and compelling need,” the BSCC identified an additional 37 cities that were considered disproportionately impacted by violence. This brought the total number of cities eligible to apply for the general funds to 53.

The analysis of crime data was restricted to the 455 cities contained in both the California Department of Finance E-4 report (Population Estimates for Cities, Counties, and the State, 2011-2021, with 2010 Census Benchmark) and the Department of Justice’s Open Justice report (Crimes and Clearances with Arson – 1985-2020).

The following 32 cities were not included in the analysis, as data was absent from one of the data bases used: Amador, Bear Valley, Blue Lake, Broadmoor, Calipatria, Colfax, Corte Madera, Half Moon Bay, Kensington, Lake Shastina, Larkspur, Lathrop, Live Oak, Loomis, Loyalton, Maricopa, Millbrae, Plymouth, Point Arena, Portola, Portola Valley, San Anselmo, San Carlos, San Joaquin, San Juan Bautista, Shasta Lake, Stallion Springs, Tehama, Trinidad, Wasco, Willows, and Woodside. Should one of these 32 cities submit a proposal, BSCC will contact that city directly and gather the relevant statistics to ascertain whether it qualifies for eligibility.
#16..
- 492 -
PART III, Page | 31
Appendix B: Eligible Cities for CalVIP Funding
Table 2. Cities Eligible to Apply for CalVIP Funding*
City Population Option 1 Option 2 Option 3
1 Anaheim 357,059 X
2 Antioch 112,236 X
3 Bakersfield 394,328 X X X
4 Carson 92,121 X
5 Cathedral City 53,494 X
6 Chula Vista 273,384 X
7 Colton 54,051 X
8 Compton 98,447 X X
9 Delano 53,110 X
10 El Cajon 103,576 X
11 El Monte 116,876 X
12 Fairfield 117,553 X
13 Fontana 211,519 X
14 Fresno 543,451 X X X
15 Gardena 60,732 X
16 Hayward 159,266 X
17 Hemet 84,391 X
18 Hesperia 95,834 X
19 Inglewood 110,925 X X
20 Jurupa Valley 107,000 X
21 Lancaster 162,057 X
22 Long Beach 472,052 X X
23 Los Angeles 3,975,234 X X X
24 Merced 88,261 X
25 Modesto 218,440 X
26 Moreno Valley 208,791 X
27 Norwalk 106,062 X
28 Oakland 432,327 X X X
29 Ontario 180,788 X
30 Oxnard 205,950 X
31 Palm Springs 47,509 X
32 Palmdale 156,910 X
33 Pasadena 145,061 X
34 Perris 78,575 X
35 Pomona 153,992 X X
36 Rancho Cordova 78,333 X
37 Redlands 71,164 X
38 Rialto 102,813 X
39 Richmond 110,288 X X
40 Riverside 328,766 X
41 Sacramento 513,626 X X X
42 Salinas 160,387 X
43 San Bernardino 217,935 X X X
44 San Diego 1,421,462 X X
45 San Francisco 889,783 X X
46 San Jose 1,041,466 X X
47 Santa Ana 331,304 X
48 Santa Maria 107,205 X
49 Stockton 319,188 X X X
50 Tracy 95,861 X
51 Turlock 75,030 X
52 Vallejo 118,151 X X
53 Victorville 127,518 X
#16..
- 493 -
PART III, Page | 32
Appendix C: Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds
The California Violence Intervention and Prevention (CalVIP) Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving CalVIP funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives CalVIP grant funds (as either subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the CalVIP grantee;
• Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the sixmonth date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement;
• Be a nonprofit and recognized by the Internal Revenue Service as a 501(c)(3) organization;
• Employ persons or volunteers that have a minimum of three (3) years of combined experience in implementing violence reduction strategies and have implemented these strategies within the past five (5) years;
• Be registered with the California Secretary of State’s Office; • Have an Employer Identification Number (EIN);
• Have a valid business license, if applicable;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address in the State of California. (An agent for service of process with a California address is insufficient.)
In the table below, provide the name of the Grantee and list all contracted parties.

Grantee:

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
#16..
- 494 -
PART III, Page | 33
Grantees are required to update this list and submit it to the BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the 2021 CalVIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

Unless prior approval is obtained, the BSCC prohibits disbursement or reimbursement to any NGO that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS
SIGNATURE (Blue Ink or E-signature only) DATE
x
#16..
- 495 -
PART III, Page | 34
Appendix D: Glossary of Terms and Resources
Case Management
The Commission for Case Manager Certification defines case management as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet the client's health and human service needs. It is characterized by advocacy, communication, and resource management and promotes quality and cost-effective interventions and outcomes.

Case management is an area of specialty practice within the health and human services professions. Its underlying premise is that everyone benefits when clients reach their optimum level of wellness, self-management, and functional capability. Case management facilitates the achievement of client wellness and autonomy through advocacy, assessment, planning, communication, education, resource management and service facilitation. Based on the needs and values of the client, and in collaboration with all service providers, the case manager links clients with appropriate providers and resources throughout the continuum of health and human services and care settings, while ensuring that the care provided is safe, effective, clientcentered, timely, efficient, and equitable. This approach achieves optimum value and desirable outcomes for all community partners and interested parties.

Collective Efficacy
Social cohesion describes how residents think and feel about their neighborhood. Collective efficacy describes what residences are willing to do to improve their neighborhoods. Although social cohesion is the foundation of collective efficacy, at the core of collective efficacy are the willingness to intervene and the capacity for informal social control. https://nij.ojp.gov/topics/articles/collective-efficacy-taking-action-improve-neighborhoods Cognitive Behavioral Therapy
According to the American Psychological Association, cognitive behavioral therapy (CBT) is a form of psychological treatment that has been demonstrated to be effective for a range of problems including depression, anxiety disorders, alcohol and drug use problems, marital problems, eating disorders, and severe mental illness. Numerous research studies suggest that CBT leads to significant improvement in functioning and quality of life. In many studies, CBT has been demonstrated to be as effective as, or more effective than, other forms of psychological therapy or psychiatric medications.

It is important to emphasize that advances in CBT have been made on the basis of both research and clinical practice. Indeed, CBT is an approach for which there is ample scientific evidence that the methods that have been developed actually produce change. In this manner, CBT differs from many other forms of psychological treatment.

CBT is based on several core principles, including:

1. Psychological problems are based, in part, on faulty or unhelpful ways of thinking.

2. Psychological problems are based, in part, on learned patterns of unhelpful behavior.

3. People suffering from psychological problems can learn better ways of coping with them, thereby relieving their symptoms and becoming more effective in their lives.

CBT treatment usually involves efforts to change thinking patterns. These strategies might include:
#16..
- 496 -
PART III, Page | 35
• Learning to recognize one's distortions in thinking that are creating problems, and then to reevaluate them in light of reality.
• Gaining a better understanding of the behavior and motivation of others. • Using problem-solving skills to cope with difficult situations. • Learning to develop a greater sense of confidence is one's own abilities.

CBT treatment also usually involves efforts to change behavioral patterns. These strategies might include:
• Facing one's fears instead of avoiding them.
• Using role playing to prepare for potentially problematic interactions with others. • Learning to calm one's mind and relax one's body.
• Not all CBT will use all of these strategies. Rather, the psychologist and patient/client work together, in a collaborative fashion, to develop an understanding of the problem and to develop a treatment strategy.

CBT places an emphasis on helping individuals learn to be their own therapists. Through exercises in the session as well as “homework” exercises outside of sessions, patients/clients are helped to develop coping skills, whereby they can learn to change their own thinking, problematic emotions, and behavior.

CBT therapists emphasize what is going on in the person's current life, rather than what has led up to their difficulties. A certain amount of information about one's history is needed, but the focus is primarily on moving forward in time to develop more effective ways of coping with life.

Cultural Competence
Cultural competence7 is a set of congruent behaviors, attitudes, and policies that come together in a system, agency or among professionals and enable that system, agency, or those professions to work effectively in cross-cultural situations.

The word culture is used because it implies the integrated pattern of human behavior that includes thoughts, communications, actions, customs, beliefs, values and institutions of a racial, ethnic, religious, or social group. The word competence is used because it implies having the capacity to function effectively. Essential elements that contribute to a system's, institution's, or agency's ability to become more culturally competent include:

1. Valuing diversity

2. Having the capacity for cultural self-assessment

3. Being conscious of the dynamics inherent when cultures interact

4. Having institutionalized culture knowledge

5. Having developed adaptations to service delivery reflecting an understanding of cultural diversity
These five elements should be manifested at every level of an organization including policy making, administrative, and practice. In addition, these elements should be reflected in the attitudes, structures, policies, and services of the organization. 7 Cross, T., Bazron, B., Dennis, K., & Isaacs, M., (1989). Towards A Culturally Competent System of Care, Volume I.

Washington, DC: Georgetown University Child Development Center, CASSP Technical Assistance Center. #16..
- 497 -
PART III, Page | 36
Diversion8
In the context of criminal law, diversion refers to diverting an individual out of the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence. Criminal charges are typically dropped when an individual successfully completes a diversion program. The purpose of a diversion program is to effect rehabilitation while avoiding the stigma of a criminal conviction.

A diversion program allows the individual to avoid prosecution by completing various requirements for the program. These requirements could include:

1. Education aimed at preventing future offenses by the offender,

2. Restitution to victims of the offense,

3. Completion of community service hours,

4. Avoiding situations for a specified period of time in the future that may lead to committing another such offense.

Diversion programs are usually only available to individuals charged with misdemeanors and nonviolent felonies involving drugs or alcohol. In some jurisdictions, diversion may be available to individuals charged with domestic violence, child abuse or neglect, traffic-related offenses, or even writing bad checks. Diversion programs are primarily governed by state laws, which vary by state.

Evaluation: Process Evaluation versus Outcome Evaluation Process Evaluation9
The purpose of the process evaluation is to assess how program activities are being carried out in accordance with goals and objectives. Process measures are designed to answer the question: “What is the program actually doing and is this what we planned it to do?” Examples of process measures could include:
o Project staff have been recruited, hired, and trained according to the proposal. o Activities/strategies have been implemented on time according to the proposal. o Number of interagency agreements entered into by the program compared to the number planned.
o Number of trainings conducted.
o Number of neighborhood meetings conducted.

Outcome Evaluation10
The purpose of the outcome evaluation is to identify whether the program “worked” in terms of achieving its goals and objectives. Outcome measures are designed to answer the question: “What results did the program produce?” Examples of outcome measures include:
o Results of pre/post surveys (e.g., changes in the reported confidence/trust in law enforcement among community members).
8 Diversion Law and Legal Definition, US Legal, https://definitions.uslegal.com/d/diversion/ 9Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 7. Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf 10 Id at pp. 7-8. #16..
- 498 -
PART III, Page | 37
o Implementation of regular, ongoing community forums where law enforcement/community dialogue takes place.
o Changes in policies at the Lead Agency level to reflect procedural justice principles.

In an evidence-based practice approach, outcome evaluations must include not only the measures but also analysis of the extent to which the measured results can be attributed to the program rather than to coincidence or alternative explanations.

Focused Deterrence
Focused deterrence strategies are problem-oriented strategies that follow the core principles of deterrence theory. The strategies target specific criminalized behavior committed by a small number of individuals identified as being high risk of committing or being involved in violence who are vulnerable to sanctions and punishment. These individuals are directly engaged and informed that continued violence and criminalized behavior will not be tolerated. Targeted individuals are also informed about how the criminal legal system (such as the police and prosecutors) may respond to continued criminalized behavior; mainly that all potential sanctions, or levers, will be applied. The deterrence-based message is reinforced through intense engagement of individuals, or groups of individuals (group or collective violence), who continue to create harm despite previous attempts to intervene. In addition to deterring violent behavior, the strategies also reward positive behavior change among targeted individuals by providing significant financial incentives for participation and positive behavior as a gateway to developing intrinsic motivation that arises from internal and not external rewards.

Focused deterrence strategies generally target youth and adults engaged in group violence.

Many focused deterrence interventions have primarily targeted incidents of homicide and serious violence (criminalized activities that usually involve repeated violent behavior) in urban settings (Kennedy 2006).

The focused deterrence framework was developed in Boston during the 1990s. Operation Ceasefire (Boston) was a problem-oriented policing project to stop serious group violence by directly communicating to groups of individuals that violence would no longer be tolerated and was backed by harsh legal sanctions for those who continued to engage in or commit harm. At the same time, youth workers, probation and parole officers, and other community-based organizations offered services and resources to groups engaged in criminalized behaviors.

While certain aspects of Ceasefire are beneficial, such as the targeted efforts, threats of or enacting harsh sanctions are not. CBOs should be prioritized in the response, and the response should be restorative and non-punitive.

At a general level, the approach of focused deterrence strategies should include the following:

1. Selecting a particular crime problem (such as homicide),

2. Convening an interagency working group that may include law enforcement, and prioritize social service, and community-based practitioners,

3. Developing a response to individuals or groups of individuals that uses a variety of sanctions (“pulling levers”) to stop continued violent behavior,

4. Focusing social services and community resources on target individuals identified by law enforcement, and
#16..
- 499 -
PART III, Page | 38

5. Directly and continually communicating with individuals to offer support and provide a better understanding of the implications of violence on individuals and communities.

For more information on focused deterrence, please review the links below:

1. https://www.crimesolutions.gov/Practice Profile Details

2. National Network for Safe Communities – Group Violence Intervention: An Implementation Guide

3. National Network for Safe Communities – Custom Notifications

4. The National Network for Safe Communities – Drugs, Race, and Common Ground:

Reflections on the High Point Intervention
Goal versus Objective
Goals and objectives are terms in common use, sometimes used interchangeably because both refer to the intended results of program activities. Goals are longer-term than objectives, more broadly stated, and govern the specific objectives to which program activities are directed.

In proposals, goals are defined by broad statements of what the program intends to accomplish, representing the long-term intended outcome of the program. 11 Examples of goal statements include:12
• To reduce the number of youth repeating criminalized behaviors. • To divert youth who commit nonviolent crimes from state juvenile correctional institutions. • To restore the losses suffered by the victims of crimes.

Objectives are defined by statements of specific, measurable aims of program activities. 13 Objectives detail the tasks that must be completed to achieve goals. 14 Descriptions of objectives
in the proposals should include three elements:
15 1) Direction – the expected change or accomplishment (e.g., improve, maintain); 2) Timeframe – when the objective will be achieved; and 3) Target Population– who is affected by the objective.

Examples of program objectives include:16
• By the end of the program, youth suffering from addiction will recognize the long-term consequences of drug use.
o To place eligible youth in an intensive healing program within two weeks of adjudication to ensure offender accountability and community safety. 11 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition). Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf. See also New York State Division of Criminal Justice Services. A Guide to Developing Goals and Objectives for Your Program. Retrieved from http://www.criminaljustice.ny.gov/ofpa/goalwrite.htm. 12 Id. at p. 4. 13 National Center for Justice Planning. Overview of Strategic Planning. Where Do We Want to Be? Goals and Objectives.

Retrieved from https://web.archive.org/web/20180116031203/http:/ncjp.org/strategic-planning/overview/where-do-we-wantbe/goals-objectives. 14 Id.; see supra fn 1. 15 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 5. Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf 16 Id. #16..
- 500 -
PART III, Page | 39
• To ensure that youth carry out all of the terms of the mediation agreements they have worked out with their victims by program completion.

Hospital-Based Violence Intervention Programs (www.nnhvip.org) Hospital-based violence intervention programs (HVIPs) vary in the specifics of their design and scope, but typically include a brief intervention in the emergency department or at hospital bedside and post-discharge intensive community-based case management services. HVIP services are provided by culturally competent Violence Prevention Professionals who often also serve in a mentorship capacity. HVIPs are rooted in the philosophy that violence is preventable, and that violent injury offers a “teachable moment” and unique opportunity to break cycles of violence. HVIPs embrace a public health approach to violence prevention as they are grounded in data which indicate that victims of violence are at elevated risk for re-injury and violence perpetration. This model has been the subject of numerous peer-reviewed studies indicating promising impact on injury recidivism, criminal justice contact, and trauma symptoms. HVIPs are now a recommended practice by the federal government.

This strategy aims to (1) provide trained crisis intervention and long-term case management and mentoring home visits and follow-up assistance to youth who are hospitalized for violent injuries, on probation, or identified as being highly at risk for dropout or suspension from school, as well as to their family and friends; (2) prevent retaliatory violence and reduce the total number of youth injured by interpersonal violence; (3) reduce reentry into the hospital and the criminal justice system; (4) prevent dropout and suspension from school for violent incidents; (5) link youth with local resources that help them live nonviolent lifestyles; and (6) provide positive peer role models and promote positive alternatives to violence.

For more information on hospital-based intervention, please review the links below:

1. National Network of Hospital-based Violence Intervention Programs: www.nnhvip.org

2. Key Components of Hospital-based Violence Intervention Programs

3. The Health Alliance for Violence Intervention: www.thehavi.org Mentoring
For more information on mentoring, please review the links below:

1. The Center for Evidence-Based Mentoring

2. Mentor Resources and Publications

3. How to Start a Mentoring Program
Principles of Effective Intervention
During the past two decades, there has been renewed interest in examining correctional research. These efforts have been led by researchers such as Gendreau, Andrews, Cullen, Lipsey and others.17 Much evidence has been generated, leading to the conclusion that many rehabilitation programs have, in fact, produced significant reductions in recidivism. The next critical issue became the identification of those characteristics most commonly associated with 17 For a thorough review of this research, see Cullen, F.T. and B.K. Applegate. 1998. Offender rehabilitation: Effective correctional intervention. Brookfield, Vt.: Ashgate Darthmouth. #16..
- 501 -
PART III, Page | 40
effective programs. Through the work of numerous scholars (Andrews et al., 199018; Cullen and Gendreau, 200019; Lipsey 199920), several “principles of effective intervention” have been identified. These principles can be briefly categorized as the following:
• Assess Actuarial Risk/Needs
• Enhance Intrinsic Motivation
• Target Interventions
o Risk Principle
o Need Principle
o Responsivity Principle
o Dosage
o Treatment Principle
• Skill Train with Directed Practice
• Increase Positive Reinforcement
• Engage Ongoing Support in Natural Communities
• Measure Relevant Processes/Practices
• Provide Measurement Feedback
Street Outreach
Street outreach typically occurs inside the framework of a cooperative relationship with other agencies, including probation, law enforcement, social services, and schools. Outreach workers are referred to as “street” outreach workers because their work is not office-based or even institutional- or school-based, but occurs primarily in the targeted neighborhoods, at the street and home level. The model relies on the use of culturally appropriate staff that respond to shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. They develop relationships with high risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Staff collaborates with neighborhood organizations and other community groups to organize neighborhood events and public education activities that promote a no-shooting message. The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.

Example of Street Outreach: The Cure Violence Approach (www.cvg.org) Cure Violence is an example of a street outreach model that is used around the country. The Cure Violence model was developed in 1995 by the Chicago Project for Violence Prevention, under the auspices of the University of Illinois at Chicago’s School of Public Health. Cure Violence takes a public health approach to stopping shootings and killings, focusing on interrupting violence and the transmission of norms that promote it.

Using a multi-pronged approach to prevent shootings involving youth and young adults from ages 14-25, the model relies on the use of culturally appropriate staff who respond to 18 Andrews, D.A., I. Zinger, R.D. Hoge, J. Bonta, P. Gendreau and F.T. Cullen. 1990. Does correctional treatment work? A clinically relevant and psychologically informed meta-analysis. Criminology 28(3):369-404. 19 Cullen, F.T. and P. Gendreau. 2000. Assessing correctional rehabilitation: Policy, practice, and prospects. In Criminal justice 2000: Volume 3 – Policies, processes, and decisions of the criminal justice system, ed. J. Horney, 109-175. Washington, D.C.:

U.S. Department of Justice, National Institute of Justice. 20 Lipsey, M.W. 1999. Can intervention rehabilitate serious delinquents? The Annuals of the American Academy of Political and Social Science, 564(2):142-166.
#16..
- 502 -
PART III, Page | 41
shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. They develop relationships with high risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Staff collaborates with neighborhood organizations and other community groups to organize neighborhood events and public education activities that promote a no-shooting message.

The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.

Cure Violence stops the spread of violence by using the methods and strategies associated with disease control:

1. Detecting and interrupting conflicts
Trained violence interrupters and outreach workers prevent shootings by identifying and mediating potentially lethal conflicts in the community and following up to ensure that the conflict does not reignite.
a. Prevent Retaliations: Whenever a shooting happens, trained workers immediately work in the community and at the hospital to cool down emotions and prevent retaliations – working with the victims, friends and family of the victim, and anyone else is connected with the event.
b. Mediate Ongoing Conflicts: Workers identify ongoing conflicts by talking to key people in the community about ongoing disputes, recent arrests, recent prison releases, and other situations and use mediation techniques to resolve them peacefully. c. Keep Conflicts ‘Cool’: Workers follow up with conflicts for as long as needed, sometimes for months, to ensure that the conflict does not become violent.

2. Identifying and treating the highest risk individuals Trained, culturally-appropriate outreach workers work with the highest risk individuals to make them less likely to commit violence by meeting them where they are at, talking to them about the costs of using violence, and helping them to obtain the social services they need – such as job training and drug treatment.
a. Access Highest Risk: Workers utilize their trust with high-risk individuals to establish contact, develop relationships, begin to work with the people most likely to be involved in violence.
b. Change Behaviors: Workers engage with high-risk individuals to convince them to reject the use of violence by discussing the cost and consequences of violence and teaching alternative responses to situations.
c. Provide Treatment: Workers develop a caseload of clients who they work with intensively – seeing several times a week and assisting with their needs such as drug treatment, employment, leaving gangs.

3. Mobilizing the community to change norms
Workers engage leaders in the community as well as community residents, local business owners, faith leaders, service providers, and the high risk, conveying the message that the residents, groups, and the community do not support the use of violence. a. Respond to Every Shooting: Whenever a shooting occurs, workers organize a response where dozens of community members voice their objection to the shooting. #16..
- 503 -
PART III, Page | 42
b. Organize Community: Workers coordinate with existing and establish new block clubs, tenant councils, and neighborhood associations to assist. c. Spread Positive Norms: Program distributes materials and hosts events to convey the message that violence is not acceptable.

System-Impacted
Berkely Underground Scholars defines system-impacted as a person who is legally, economically, or familiarly affected in a negative way by the incarceration of a close relative.

System-impacted also includes people who have been arrested and/or convicted without incarceration.

The 2021 CalVIP ESC further defined Indirectly and Directly System-Impacted as anyone who is directly affected by incarceration, the criminal legal system, community supervision and/or anyone who was involved with the youth foster care system. #16..
- 504 -
PART III, Page | 43
Appendix E: Sample Letter of Commitment for Key Partners If the success of the proposed strategy relies on the participation of an outside agency or organization – that is, if an entity other than the applicant is to play a necessary or critical role in project implementation – the applicant must include a Letter of Agreement, Letter of Commitment or other signed written agreement to demonstrate that the outside agency is aware of the proposed partnership and agrees to participate.
[to be submitted on letterhead of the OUTSIDE ENTITY]
To: Board of State and Community Corrections
Re: California Violence Intervention & Prevention (CalVIP) Grant Date: [must be within 3 months of proposal submission]
This letter is being submitted to document that [NAME OF THE OUTSIDE ENTITY] agrees to partner on the CalVIP grant proposal being submitted by [NAME OF APPLICANT].

As a part of this grant, [NAME OF OUTSIDE ENTITY] agrees to [DESCRIBE THE NATURE OF THE PARTNERSHIP, I.E. WHAT THE OUTSIDE ENTITY IS AGREEING TO DO, ETC.].

Signed by,
Name, Title
[must be the Executive Officer, Department Head or other Authorized Representative of the Outside Entity]
#16..
- 505 -
PART III, Page 44
Appendix F: Sample Grant Agreement
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCCXXX22 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC XXX- 22 BSCC-5227

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
XXX

2. The term of this Agreement is:

START DATE
JULY 1, 2022

THROUGH END DATE
DECEMBER 31, 2025

3. The maximum amount of this Agreement is:
$000,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Attachment 1* California Violence Intervention & Prevention Grant Request for Proposals * Attachment 2 CalVIP Grant Proposal xx
Appendix A CalVIP Executive Steering Committee 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: http://www.bscc.ca.gov/s_cpgpcalvipgrant/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

GRANTEE NAME

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
xxx xxx xx xxx

PRINTED NAME OF PERSON SIGNING TITLE
xxx xxx

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

#16..
- 506 -
EXHIBIT A: SCOPE OF WORK
PART III, Page 45

1. GRANT AGREEMENT – CALIFORNIA VIOLENCE AND INTERVENTION (CalVIP) GRANT This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and Grantee Name (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The purpose of the CalVIP Grant is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults (Penal Code Sec. 14131(b)).

B. Grantee agrees to administer the project in accordance with Attachment 1: CalVIP Request for Proposals (incorporated by reference) and Attachment 2: CalVIP Grant Proposal, which are attached hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Designated Financial Officer authorized to receive warrants:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx
Project Director authorized to administer the project:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx
C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: CalVIP Request for Proposals and Attachment 2: CalVIP Grant Proposal. #16..
- 507 -
EXHIBIT A: SCOPE OF WORK
PART III, Page 46

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025
B. Evaluation Documents Due no later than:

1. Local Evaluation Plan January 3, 2023

2. Final Local Evaluation Report December 31, 2025
C. Other Due no later than:

Financial Audit Report December 31, 2025

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or #16..
- 508 -
EXHIBIT A: SCOPE OF WORK
PART III, Page 47
designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the CalVIP Executive Steering Committee (See Appendix A) from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the CalVIP ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the CalVIP ESC.

B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
#16..
- 509 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 48

1. INVOICING AND PAYMENTS (grantee to select monthly or quarterly) A. The Grantee shall be paid in monthly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Monthly Invoicing Periods: Due no later than:

1. July 1, 2022 to July 31, 2022 September 15, 2022

2. August 1, 2022 to August 31, 2022 October 15, 2022

3. September 1, 2022 to September 30, 2022 November 15, 2022

4. October 1, 2022 to October 31, 2022 December 15, 2022

5. November 1, 2022 to November 30, 2022 January 15, 2023

6. December 1, 2022 through December 31, 2022 February 15, 2023

7. January 1, 2023 to January 31, 2023 March 15, 2023

8. February 1, 2023 to February 28, 2023 April 15, 2023

9. March 1, 2023 to March 31, 2023 May 15, 2023

10. April 1, 2023 to April 30, 2023 June 15, 2023

11. May 1, 2023 to May 31, 2023 July 15, 2023

12. June 1, 2023 to June 30, 2023 August 15, 2023

13. July 1, 2023 to July 31, 2023 September 15, 2023

14. August 1, 2023 to August 31, 2023 October 15, 2023

15. September 1, 2023 to September 30, 2023 November 15, 2023

16. October 1, 2023 to October 31, 2023 December 15, 2023

17. November 1, 2023 to November 30, 2023 January 15, 2024

18. December 1, 2023 to December 31, 2023 February 15, 2024

19. January 1, 2024 to January 31, 2024 March 15, 2024

20. February 1, 2024 to February 29, 2024 April 15, 2024

21. March 1, 2024 to March 31, 2024 May 15, 2024

22. April 1, 2024 to April 30, 2024 June 15, 2024

23. May 1, 2024 to May 31, 2024 July 15, 2024

24. June 1, 2024 to June 30, 2024 August 15, 2024

25. July 1, 2024 to July 31, 2024 September 15, 2024

26. August 1, 2024 to August 31, 2024 October 15, 2024

27. September 1, 2024 to September 30, 2024 November 15, 2024

28. October 1, 2024 to October 31, 2024 December 15, 2024

29. November 1, 2024 to November 30, 2024 January 15, 2025

30. December 1, 2024 to December 31, 2024 February 15, 2025

31. January 1, 2025 to January 31, 2025 March 15, 2025

32. February 1, 2025 to February 28, 2025 April 15, 2025

33. March 1, 2025 to March 31, 2025 May 15, 2025

34. April 1, 2025 to April 30, 2025 June 15, 2025

35. May 1, 2025 to May 31, 2025 July 15, 2025

36. June 1, 2025 to June 30, 2025 August 15, 2025
Final Invoicing Periods*: Due no later than:

37. July 1, 2025 to July 31, 2025 September 15, 2025

38. August 1, 2025 to August 31, 2025 October 15, 2025

39. September 1, 2025 to September 30, 2025 November 15, 2025 #16..
- 510 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 49

40. October 1, 2025 to October 31, 2025 December 15, 2025

41. November 1, 2025 to November 30, 2025 January 15, 2026

42. December 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.

B. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025
Final Invoicing Periods*: Due no later than:

13. July 1, 2025 to September 30, 2025 November 15, 2025

14. October 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, June 30, 2025, and included on the invoice due August 15, 2025. Project expenditures incurred after June 30, 2025 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 1, 2025 to December 31, 2025 must be submitted during the Final Invoicing Period(s), with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The financial audit is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the financial audit during the period of July 1, 2025 to December 31, 2025 must be submitted during the Final Invoicing Periods, with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
#16..
- 511 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 50
E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.

Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through CalVIP funding generated from the General Fund.

The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Assembly Bill 129 (Statutes of 2021, Chapter 21), also known as the California Budget Act of 2021. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If CalVIP funding is reduced or falls below estimates contained within the CalVIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
#16..
- 512 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 51
C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
#16..
- 513 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 52

7. PROJECT BUDGET
BSCC Budget Line Item A.

Grant Funds
B.

Match
C.

Total (A+B)

1. Salaries and Benefits $0 $0 $0

2. Services and Supplies $0 $0 $0

3. Health and Wellness $0 $0 $0

4. Professional Services or Public
Agency Subcontracts $0 $0 $0

5. Non-Governmental Organization
(NGO) Subcontracts $0 $0 $0

6. Equipment/Fixed Assets $0 $0 $0

7. Project Evaluation $0 $0 $0

8. Financial Audit $0 $0 $0

9. Other (Travel, Training, etc.) $0 $0 $0

10. Indirect Costs $0 $0 $0
TOTALS $0 $0 $0
#16..
- 514 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 53

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious #16..
- 515 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 54
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale #16..
- 516 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 55
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) #16..
- 517 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 56
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
#16..
- 518 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 57

1. GRANTEE’S GENERAL RESPONSIBILITY

5. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

D. Grantee is responsible for the performance of all project activities identified in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Grant Proposal.

E. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the CalVIP RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
#16..
- 519 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 58
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000 C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or
#16..
- 520 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 59

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this #16..
- 521 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 60
Grant Agreement. Grantee’s written demand shall be fully supported by factual information.

The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
#16..
- 522 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 61

10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
#16..
- 523 -
APPENDIX A to the Grant Agreement: CalVIP EXECUTIVE STEERING COMMITTEE ROSTER PART III, Page 62
CalVIP Executive Steering Committee for Grant Cycle from July 1, 2022to December 31, 2025 Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Santa Cruz & Board Member, BSCC
Santa Cruz
2 Stephen Lindley Teacher, Lee V. Pollard High School San Diego 3 Tina Curiel-Allen Cal Crew Program Manager, Five
Keys
Central Valley
4 Natasha Mejia Policy Analyst, National Institute for
Criminal Justice Reform
Oakland
5 Tina Rodriguez Statewide Manager, Californians for
Safety and Justice
Central Valley
6 Mike McLively Senior Staff Attorney
Gifford Law Center to Precent Gun
Violence
San Francisco
7 Gaynorann Siataga Community Advocate, All Islanders
Gather as One
San Francisco
8 Saun Hough CA Partnership Manager,
Californians for Safety and Justice
Los Angeles
9 Mark Slaughter Sacramento
10 Jackie Reed CEO, Women Initiating Success
Envisioned Inc.

San Diego
11 Jessie Leavitt Policy Analyst, State Bar of California & Senior corporate Counsel,
NetScout Systems, Inc.

Oakland
12 Tim Kornegay Director, LiveFree California Los Angeles 13 Mary Roberts State of CA Retiree, Administrative
Office of the Courts
Oakland
14 Mona Cadena Advocacy Director, Equal Justice
USA
San Francisco
15 Amir Chapel Policy Analyst, National Institute for
Criminal Justice Reform
Marina
16 Keith Baker Research Analyst/Co-Leader, Los
Angeles County Department of Public
Health
Los Angeles
#16..
- 524 -
PART III, Page 63
APPENDIX B to the Grant Agreement: Criteria for Non-Governmental Organizations Receiving BSCC Funds
The 2021-22 CalVIP Request for Proposals (RFP) includes requirements that apply to nongovernmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving any CalVIP funds. The RFP describes these requirements as follows:

A non-governmental organization (as either a direct grantee or subgrantee or subcontractor) must meet the following criteria:
• Have been duly organized, in existence, and in good standing at least six months before entering into a fiscal agreement with the BSCC or with the CalVIP grantee; • In either instance (applicant or subgrantee), non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement or subcontractor
• Be registered with the California Secretary of State’s Office, if applicable; • Have a valid business license, Employer Identification Number (EIN), or Taxpayer ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address.

Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs), faith-based organizations (FBOs), non-profit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other nongovernmental agency or individual. Note: These criteria do not apply to government organizations (e.g. counties, cities, school districts).

Provide your agency name and in the table list information for all contracted parties.

Grantee:

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
#16..
- 525 -
PART III, Page 64
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the CalVIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X
#16..
- 526 -
PART III, Page 65
Appendix G: Sample Governing Board Resolution
California Violence Intervention and Prevention (CalVIP) Grant WHEREAS the (insert name of Applicant Agency) desires to participate in the 2021 California Violence Intervention & Prevention funded through the California State General Fund and administered by the Board of State and Community Corrections (hereafter referred to as the BSCC).

NOW, THEREFORE, BE IT RESOLVED that the (insert title of designated official) be authorized on behalf of the (insert name of Governing Board) to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED that the (insert name of Applicant Agency) agrees to ensure all matching funds required for the above grant are provided and abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.

Passed, approved, and adopted by the (insert name of Governing Board) in a meeting thereof held on (insert date) by the following:

Ayes:

Notes:

Absent:

Signature: _______________________________________ Date: _________________ Typed Name and Title: ___________________________________________________ ATTEST: Signature: _______________________________ Date: _________________ Typed Name and Title: ___________________________________________________ #16..
- 527 -
PART III, Page 66
Appendix H: Local Evaluation Plan & Local Evaluation Report California Violence Intervention & Prevention (CalVIP) Grant Preliminary Guidelines for the Local Evaluation Plan
The California Violence Intervention & Prevention (CalVIP) Request for Proposals requires each grantee to submit a Local Evaluation Plan (LEP) to ensure that projects funded by the BSCC can be evaluated to determine their impact and effectiveness. The LEP should be developed prior to service delivery by program staff using a collaborative process that involves all relevant project community partners and interested parties.

Grantees are encouraged to identify a researcher who can assist in the collaborative process of developing the LEP and guide the local evaluation throughout the grant funding period. These guidelines were developed to assist grantees in creating a LEP that, at a minimum, addresses the information defined below.

Implementing practices and strategies that can be supported by data should be a consideration wherever possible. BSCC is responsible for verifying that grant money is spent efficiently and on effective programs. Data is just one mechanism by which to do that. Your data results may be used to add to the body of knowledge regarding what works with the target populations. Therefore, be cognizant to collect appropriate and consistent data.

BSCC will make public the LEP submitted by each grantee. Plans may be posted to the BSCC website and/or developed into a statewide summary report to be shared with the Administration, the Legislature, and the public.

Project Background
• Information essential to understanding the grantee’s project. • A description of how the project matches the theory behind its development. • A description of the criteria used to determine participant eligibility. • A description of the process for determining which intervention(s) and/or services a participant needs and will receive.
• A description of the project goals and measurable objectives identified in the proposal.

Evaluation Methods and Design
Describe the research design that will be used to evaluate the conduct (process evaluation21) and the effectiveness (outcome evaluation22) of the program. This section should include:
• A description of the research design for the process evaluation. o Document how the activities in the proposal will be carried out. 21 See page 49 of the RFP for additional information on process and outcome evaluations. 16 Ibid. #16..
- 528 -
PART III, Page 67
o Describe the process variables and how they will be measured and defined. o Describe procedures ensuring that a program will be implemented to fidelity, when applicable.
• A description of the research design for the outcome evaluation. o Describe criteria for participant eligibility and comparison group(s), including the comparison group eligibility criteria.
o Define outcome measures.
o Describe measurement instruments, programs, and interventions. o Include a definition of successful program completion. o Provide a rationale for determining whether outcomes are due to the project and not some other factor(s) unrelated to the project.
● For both the process and outcome evaluation, describe what data will be collected, their data source(s), and data collection methods (tools used to collect the data, frequency, and who and where the data will be collected). ● If multiple types of interventions will be employed, describe how the separate effects on outcome variables of each type of the intervention will be determined, if possible.

If not possible, explain how the results will be interpreted given that outcomes might be due to complex interactions among interventions.

A Logic Model
Provide a visual representation of the project depicting the logical relationships between the input/resources, activities, outputs, outcomes and impacts of the project.

California Violence Intervention & Prevention (CalVIP) Grant Preliminary Guidelines for Local Evaluation Report
The California Violence Intervention & Prevention (CalVIP) Request for Proposals requires each grantee to submit a 3-Year Local Evaluation Report (LER) to determine project results, document definitive evidence regarding the project’s efficacy and overall impact and assess whether or not the project achieved its intended goals and objectives. The LER must be based on the Local Evaluation Plan (LEP) submitted at the start of the grant. Any modifications to the LEP must be explained. These guidelines were developed to assist grantees in writing a LER that at a minimum, addresses the required information defined below.

The LER will be the documentation for what your organization did with the support of grant funds. BSCC will use these reports to help verify that the grant money was invested wisely and to describe the impact the grant had on the participants. Assuming the projects have successful outcomes, other organizations may want to adopt the project strategies or interventions you have demonstrated to be effective. Therefore, the report should include enough information to allow other organizations to replicate them. #16..
- 529 -
PART III, Page 68
The BSCC will make public the LER submitted by each grantee. Reports may be posted to the BSCC website and/or developed into a statewide summary report to be shared with the Administration, the Legislature, and the public.

Executive Summary
The Executive Summary should be a synopsis of the project explaining: the project purpose; goals and objectives, including the extent to which they were achieved; research design; major findings, including unintended outcomes (positive and negative); project accomplishments; barriers faced, how they were overcome; lessons learned; and conclusions.

Project Background
• Information essential to understanding the grantee’s project. • A description of the criteria used to determine participant eligibility. • A description of the process for determining which intervention(s) and/or services a participant needs and will receive.
• A description of the project goals and measurable objectives identified in the proposal.

Evaluation Method and Design
• A description of the research design for the process evaluation. o Document how the activities in the proposal are being carried out. o Describe the process measures and how they are being measured and defined. o Describe the procedures ensuring that a program is being implemented to fidelity, when applicable.
• A description of the research design for the outcome evaluation. o Describe criteria for participant eligibility and comparison group(s), including the comparison group eligibility criteria.
o Define outcome measures.
o Describe measurement instruments, programs, and interventions. o Include a definition of successful program completion. • For both the process and outcome evaluation, describe what data is being collected, their data source(s), and data collection methods (tools used to collect the data, frequency, and who and where were the data collected). Describe any difficulties in data collection, and how they may have influenced the results.

Evaluation Results and Discussion
• Provide data related the process evaluation. Describe any changes that were made as a result of the process evaluation findings.
• Total number of participants (unduplicated) must be included. o Include basic demographic information of your participants (age, gender, race/ethnicity).
o Include the number of individuals that received various services. • Progress towards goals
o Provide a summary of the degree to which these goals and objectives were achieved.
#16..
- 530 -
PART III, Page 69
o Describe factors that affected the progress of project goals. This may include factors which resulted in achieving goals more quickly or impeded your progress. If there were factors that impeded your progress, describe how they were addressed.
• Report results of any analyses and provide a detailed explanation related to the project’s performance over the course of the grant.
• Report results of any analyses and provide a detailed explanation of findings as it relates to any other additional outcome measures.
• Provide a clear interpretation of the results and lessons learned.

Conclusions and Recommendations
• Discuss the effectiveness of different strategies employed. • Make useful recommendations with specific guidance for what to replicate or do differently.

A Current Logic Model
A visual representation, as of the date of the report, of the project depicting the logical relationships between the input/resources, activities, outputs, outcomes and impacts of the project.

Grantee Highlight
A brief, one-page, visually appealing, highlight or success story that provides additional information related to the program’s success over the last three years. This highlight may be included in a statewide report. You may include optional graphs, charts, or photos23.

While every effort will be made to include these in a statewide report, inclusion in the report is not guaranteed.
23 The BSCC will only accept photographs in which all persons depicted are over 18 years of age and have consented to both being photographed and to the use and release of their image. By submitting photographs to the BSCC, the submitter acknowledges that all approvals have been obtained from the subjects in the photograph(s) and that all persons are over 18 years of age. Further, by submitting the photographs, the submitter irrevocably authorizes the BSCC to edit, alter, copy, exhibit, publish or distribute the photographs for purposes of publicizing BSCC Grant Programs or for any other lawful purpose. All photographs submitted will be considered public records and subject to disclosure pursuant to the California Public Records Act. #16..
- 531 -
PART III, Page 70
Appendix I: Certification of Compliance with BSCC Polices Regarding Debarment, Fraud, Theft and Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three (3) years following conviction.

By checking the following boxes and signing below, applicant affirms that:

I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.

I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three (3) years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

I/We will hold subgrantees and subcontractors to these same requirements.

A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS

STREET ADDRESS CITY STATE ZIP CODE

APPLICANT’S SIGNATURE (Blue Ink or e-signature Only) DATE X
#16..
- 532 -
PART III, Page 71
Appendix J: CalVIP Executive Steering Committee
CalVIP Executive Steering Committee for Grant Cycle from July 1, 2022 to December 31, 2025 Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Santa Cruz & Board Member, BSCC
Santa Cruz
2 Stephen Lindley Teacher, Lee V. Pollard High
School
San Diego
3 Tina Curiel-Allen Cal Crew Program Manager, Five
Keys
Central Valley
4 Natasha Mejia Policy Analyst, National Institute for
Criminal Justice Reform
Oakland
5 Tina Rodriguez Statewide Manager, Californians
for Safety and Justice
Central Valley
6 Mike McLively Senior Staff Attorney,
Gifford Law Center to Precent Gun
Violence
San Francisco
7 Gaynorann Siataga Community Advocate, All Islanders
Gather as One
San Francisco
8 Saun Hough CA Partnership Manager,
Californians for Safety and Justice
Los Angeles
9 Mark Slaughter Supervising Attorney, Sacramento
County Public Defender’s Office
Sacramento
10 Jackie Reed CEO, Women Initiating Success
Envisioned Inc.

San Diego
11 Jessie Leavitt Policy Analyst, State Bar of
California & Senior corporate
Counsel, NetScout Systems, Inc.

Oakland
12 Tim Kornegay Director, LiveFree California Los Angeles 13 Mary Roberts State of CA Retiree, Administrative
Office of the Courts
Oakland
14 Mona Cadena Advocacy Director, Equal Justice
USA
San Francisco
15 Amir Chapel Policy Analyst, National Institute for
Criminal Justice Reform
Marina
16 Keith Baker Research Analyst/Co-Leader, Los
Angeles County Department of
Public Health
Los Angeles
#16..
- 533 -
PART III, Page 72
Appendix K: CalVIP Project Work Plan Instructions
CalVIP applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, activities and services, the responsible parties and a timeline (see template below).

Completed Project Work Plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. Applicants must use the Project Work Plan provided within the Proposal Package at the end of this document.

This attachment cannot exceed one (1) page and does not count toward the twelve (12) numbered page limit for the Proposal Narrative. There are no margin, spacing or font restrictions for the Project Work Plan. #16..
- 534 -
PART III, Page 73
(1) Goal:

Objectives (A., B., C…): A.

Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date

1. 2.

3. (2) Goal:

Objectives (A., B., C...): A.

Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date

1. 2.

3. (3) Goal:

Objectives (A., B., C…): A.

Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date

1. 2.

3. #16..
- 535 -
Grant Proposal Cover Sheet
California Violence Intervention and Prevention
(CalVIP) Grant Proposal
CalVIP Proposal Cover Sheet
Submitted by:

INSERT Name of Applicant
Grant Dollars Requested:

INSERT $ Dollar Amount
Date Submitted:

INSERT Date of Submission to BSCC
#16..
- 536 -
CalVIP Proposal Checklist
CalVIP Proposal Checklist
A complete proposal package for funding under the CalVIP Grant Program must contain the following items:

Required Items: X
1 Completed Cover Sheet (previous page) ☐
2 CalVIP Proposal Checklist (this page)
• Originally signed in blue ink by the authorized signatory or E-signature (no stamped signatures)
☐
3 Applicant Information Form
• Originally signed in blue ink by the authorized signatory or E-Signature (no stamped signatures)
☐
4 Proposal Narrative
• 12 pages or fewer
• Optional: 1-page bibliography (not counted toward 12 pages) ☐
5 Budget Attachment (includes Budget Tables and Narrative) • 4 pages or fewer ☐
Required Attachments for All Applicants:
6 Letters of Commitment from Key Partners, if applicable (Appendix E) ☐ 7 Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds (Appendix C)
• Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures)
☐
8 Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Appendix I)
• Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures)
☐
9 CalVIP Project Work Plan (Appendix K) ☐
Optional:
10 Governing Board Resolution (Appendix G)
Note: The Governing Board Resolution or other documentation of singing authority is due prior to Grant Award Agreement, not at time of proposal submission. ☐
I have reviewed this checklist and verified that all required items are included in this proposal packet. Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures) X Applicant Authorized Signature (see Applicant Information Form, item P, next page) * Attachments other than those listed above will be removed from the proposal and not considered during the proposal evaluation process. “
#16..
- 537 -
Applicant Information Form Instructions
Applicant Information Form: Instructions
A. Applicant: Complete the required information for the city or community-based organization submitting the proposal. Indicate applicant type. For cities, the Applicant may be the city itself or a designated department or office. Check the appropriate box to indicate City or CBO.

B. Tax Identification Number: Provide the tax identification number of the Applicant.

C. CBO Applicants ONLY – Location of Services: Identify the city or cities where the CBO will provide services to residents. The city must be one of the 53 cities listed in Table 1 of the RFP.

D. CBO Applicants ONLY – Sub-Recipients: CBOs are allowed to be a direct grantee and a subgrantee for up to two (2) other applications. List other applications where you are named as a sub-recipient.

E. Project Title: Provide the title of the proposed project.

F. Name of Strategy (or Strategies) to be Implemented: List the violence reduction strategy or strategies that will be implemented with the CalVIP funds (e.g. Focused Deterrence, Street Outreach, Hospital-Based Intervention, Mentoring, Case Management, etc.).

G. Project Summary: Provide a summary (100-150 words) of the proposed project. Note: this information may be posted to the BSCC’s website for informational purposes.

H. Key Partner Agencies: List all key partner agencies (see page 14 of the RFP).

I. Type of Project to be Implemented: Identify whether the project will be a NEW effort, an ENHANCEMENT of an existing effort (i.e. increased services provided to existing population) or an EXPANSION of an existing effort (i.e. additional individuals served).

J. Grant Funds Requested: Enter the total amount of grant funds you are requesting.

K. Match Funds Committed: Enter the total amount of match funds committed (must equal amount in item I).

L. City Applicants ONLY – Pass-Through Amount: City applicants must enter the amount of grant funds that will be passed through to one or more CBO or public agencies or departments, other than law enforcement agencies or departments, that are primarily dedicated to community safety or violence prevention. Also enter the amount as a percentage (minimum 50%).

M. Project Director: Provide the name, title, and contact information for the individual responsible for oversight and management of the proposed project. This person must be an employee of the Applicant agency.

N. Financial Officer: Provide the name, title, and contact information for the individual responsible for fiscal oversight and management of the project. Typically, this is the individual that will certify and submit invoices. This person must be an employee of the Applicant agency.

O. Day-to-Day Project Contact: Provide the name, title, and contact information for the individual who serves as the primary contact person for the grant. Typically, this individual has day-to-day oversight for the project.

P. Day-to-Day Fiscal Contact: Provide the name, title and contact information for the individual who serves as the primary contact person for fiscal matters related to the grant. This may be the individual who prepares the invoices for approval by the Financial Officer.

Q. Authorized Signature: Complete the required information for the person authorized to sign for the Applicant. This individual must read the assurances under this section, then sign and date in the appropriate fields
.
#16..
- 538 -
CalVIP Applicant Information Form | Page 1 of 2
CalVIP Applicant Information Form
A. APPLICANT: B. TAX IDENTIFICATION NUMBER:

NAME OF APPLICANT TAX IDENTIFICATION #

STREET ADDRESS CITY STATE ZIP CODE
MAILING ADDRESS (if different) CITY STATE ZIP CODE
APPLICANT TYPE: ☐ COMMUNITY-BASED ORGANIZATION (CBO) ☐ CITY C. CBO APPLICANTS ONLY –
LOCATION OF RESIDENTS RECEIVING SERVICES (MUST BE CITY OR CITIES LISTED IN TABLE 1):

D.CBO APPLICANTS ONLY – LIST ANY APPLICATIONS WHERE YOU ARE NAMED AS A SUB-RECIPIENT E. PROJECT TITLE:

F. STRATEGY TO BE IMPLEMENTED:

G. PROJECT SUMMARY (100-150 words):

G. KEY PARTNER AGENCIES
(if applicable):

Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
H. TYPE OF PROJECT: ☐ NEW ☐ ENHANCEMENT ☐ EXPANSION
I. GRANT FUNDS REQUESTED: $ J. MATCH FUNDS: $
K. CITY APPLICANTS ONLY – PASS-THROUGH AMOUNT: $ %
L. PROJECT DIRECTOR:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
M. FINANCIAL OFFICER:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
#16..
- 539 -
CalVIP Applicant Information Form | Page 2 of 2
PAYMENT MAILING ADDRESS (if different) CITY STATE ZIP CODE N. DAY-TO-DAY PROGRAM CONTACT:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
* Authorized Signature: Must be a representative with the authority to sign documents and obligate the applicant.

O. DAY-TO-DAY FISCAL CONTACT:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
P. AUTHORIZED SIGNATURE*:

By signing this application, I hereby certify I am vested by the Applicant with the authority to enter into contract with the BSCC, and the grantee and any subcontractors will abide by the laws, policies, and procedures governing this funding.

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE (Blue Ink or E-signature only) DATE

#16..
- 540 -
CalVIP Proposal Narrative | Page 1 of 12
CalVIP Proposal Narrative
The Proposal Narrative section may not exceed twelve (12) pages total. See pages 25- 28 for corresponding Rating Factors and Rating Criteria.

1. Description of Community Need (Percent of Total Value: 15%)

2. Project Description (Percent of Total Value: 40%)

3. Organizational Capacity and Coordination (Percent of Total Value: 20%)

4. Project Evaluation and Monitoring (Percent of Total Value: 12%) #16..
- 541 -
CalVIP Project Work Plan | One Page
CalVIP Project Work Plan (may not exceed one (1) page. See Appendix K for instructions) (1) Goal:

Objectives
(A., B., C...):

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. 2.

3. 4.
(2) Goal:

Objectives
(A., B., C...):

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. 2.

3. 4.
(3) Goal:

Objectives
(A., B., C...):

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. 2.

3. 4.
#16..
- 542 -
CalVIP Project Budget

5. Project Budget (Percent of Total Value: 13%)
As part of the CalVIP proposal package, applicants are required to submit the 2022 CalVIP Grant Project Budget and Budget Narrative (Budget Attachment). Detailed instructions for completing the Budget Attachment are listed on the Instructions tab of the Excel workbook:

To access the CalVIP Budget Attachment, click here.

The Budget Attachment may not exceed four (4) pages total. See page 29 for corresponding Rating Factors and Rating Criteria.

Upon submission, the Budget Attachment will become “Section 5: Project Budget,” making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Attachment and are encouraged to double check all entries.

All project costs must be directly related to the objectives and activities of the proposed project. The Budget Attachment covers the entire grant period. For example, if you are requesting $1 million (with a $1 million match), the Budget Table must total to $2 million, and the corresponding Narrative must explain how that $2 million will be spent over the grant period.

Additional guidance on grant budgets can be found in the BSCC Grant Administration Guide, located on the BSCC website.
#16..
- 543 -
Additional Mandatory Documents
Additional RFP Mandatory Documents
Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds Please see Appendix C
Letters of Commitment from Key Partners
Please see Appendix D
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement
Please see Appendix I
#16..
- 544 -

OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, FEBRUARY 1, 2022, at 4:45 P.M.
and after the regularly scheduled meeting via Zoom.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. Covanta Stanislaus, Inc.

Stanislaus County Superior Court
Case No. CV-20-004932
January 28, 2022 BY ORDER OF THE CHAIR
/S
Dana Sanchez, Interim City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
#17..
- 545 -
TO: THE CLERK OF THE CITY OF MODESTO
RE: CLOSED SESSION
Pursuant to Section 2-1.02 of the Modesto Municipal Code, you are hereby authorized and empowered to call a special Closed Session meeting of the Council of the City of Modesto to be convened on
TUESDAY, FEBRUARY 1, 2022, at 4:45 P.M.
and after the regularly scheduled meeting via Zoom.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION

Stanislaus County Superior Court
Case No. CV-20-004932
January 28, 2022 BY ORDER OF THE CHAIR
/S
__________________________
SUE ZWAHLEN, Mayor
#17..
- 546 -

Modesto City CouncilFebruary 1, 2022

Modesto City Council
February 1, 2022