Agenda packet, first session — Modesto City Council, July 12, 2022 (part 2 of 6)

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Modesto, CA 95354
United States
556907 19-NOV-21 CoM Misc MODESTO 1010, 10th Street 16.18 24-MAY-22 Modesto, CA 95354
United States
556935 19-NOV-21 CoM Utilities MODESTO 1010, 10th Street 102.02 24-MAY-22 Modesto, CA 95354
United States
556944 19-NOV-21 CoM Utilities MODESTO 1010, 10th Street 511.26 24-MAY-22 Modesto, CA 95354
United States
CoM PRIMARY Report Date: 03-JUN-2022 10:16
Void Payment Register Page: 2
Include Zero Amount Payments: No Period From: 01-MAY-22 To: 31-MAY-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW Main Acount AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
557007 19-NOV-21 DEPT OF HOUSING AND COMMUNI MAIN DEV STATE OF CALIFORNIA 570.00 24-MAY-22 PO BOX 2111
SACRAMENTO, CA 95812
United States
557210 24-NOV-21 CoM Utilities MODESTO 1010, 10th Street 98.87 24-MAY-22 Modesto, CA 95354
United States
558769 07-JAN-22 CoM Utilities MODESTO 1010, 10th Street 37.25 19-MAY-22 Modesto, CA 95354
United States
559920 04-FEB-22 NAVEX GLOBAL INC MAIN 5500 MEADOWS RD STE 500 2,000.00 11-MAY-22 LAKE OSWEGO, OR 97035
United States
560449 18-FEB-22 INDUSTRIAL ELECTRIC MACHINE MAIN 1331 BALTIMORE STREET 26,255.09 19-MAY-22 LONGVIEW, WA 98632
United States
561212 11-MAR-22 CALIFORNIA WATER ENVIRONMEN MAIN 7677 OAKPORT STREET #600 192.00 11-MAY-22 OAKLAND, CA 94621
United States
561969 25-MAR-22 HOLT OF CALIFORNIA MAIN PO BOX 100001 514.65 11-MAY-22 SACRAMENTO, CA 95813
United States
562083 01-APR-22 CoM Misc MODESTO 1010, 10th Street 319.50 19-MAY-22 Modesto, CA 95354
United States
562543 08-APR-22 CMC MAIN 6740 CORTONA DRIVE 29.13 11-MAY-22

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GOLETA, CA 93117
United States
562664 08-APR-22 WILLE ELECTRIC SUPPLY CO IN MAIN PO BOX 3246 1,612.37 19-MAY-22 MODESTO, CA 95353
United States
562811 15-APR-22 MCCLATCHY COMPANY LLC dba M MAIN PO BOX 510626 899.94 06-MAY-22 LIVONIA, MI 48151
United States
562872 15-APR-22 SHERIFF'S DEPARTMENT GRN MAIN 250 E. HACKETT ROAD 60.25 11-MAY-22

STANISLAUS COUNTY
MODESTO, CA 95358
United States
563080 22-APR-22 CoM Rebate Modesto 1010 10th STREET 25,000.00 06-MAY-22 MODESTO, CA 95354
United States
563081 22-APR-22 CoM Rebate Modesto 1010 10th STREET 25,000.00 06-MAY-22 MODESTO, CA 95354
United States
563094 22-APR-22 CoM Utilities MODESTO 1010, 10th Street 136.74 24-MAY-22 Modesto, CA 95354
United States
CoM PRIMARY Report Date: 03-JUN-2022 10:16
Void Payment Register Page: 3
Include Zero Amount Payments: No Period From: 01-MAY-22 To: 31-MAY-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW Main Acount AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
563166 22-APR-22 CERES, CITY OF MAIN 2720 SECOND STREET 920.00 11-MAY-22 CERES, CA 95307
United States
563169 22-APR-22 CERES, CITY OF MAIN 2720 SECOND STREET 230.00 11-MAY-22 CERES, CA 95307
United States
563304 29-APR-22 Benns, Anthony OFFICE 44.50 25-MAY-22
564134 20-MAY-22 CoM Utilities MODESTO 1010, 10th Street 37.25 25-MAY-22 Modesto, CA 95354
United States
564258 20-MAY-22 MYERS TOWING MAIN 1221 SCENIC DRIVE 4,068.90 25-MAY-22 MODESTO, CA 95350
United States
564295 20-MAY-22 TOWNSEND OPERA PLAYERS MAIN PO BOX 4519 50,000.00 25-MAY-22 MODESTO, CA 95352-4516
United States

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-----------------
Payment Document Subtotal 140,935.19
-----------------
Bank Account Subtotal 140,935.19
CoM PRIMARY Report Date: 03-JUN-2022 10:16
Void Payment Register Page: 4
Include Zero Amount Payments: No Period From: 01-MAY-22 To: 31-MAY-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
813419 20-APR-22 MCCOY TRUCK TIRE SERVICE CT E-PAY 2769 E-PAY 2769 69.95 19-MAY-22 MODESTO, CA 95351
United States
-----------------
Payment Document Subtotal 69.95
-----------------
Bank Account Subtotal 69.95
-----------------
Report Count: 42 Report Total 141,005.14
*** End of Report ***

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: March and April 2022 Grant Application and Awards CONTACT: Maria Garnica, Accounting Manager, [email protected] 209-577-5249
DESCRIPTION:

Consider accepting an informational report on the March and April 2022 Grant Applications and Awards. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The Finance Department coordinated with California Consulting to update the Administrative Directive 7.2, “Grant Management.” The revised directive was updated on July 1, 2021 to streamline the grant management process and to establish better controls on local match requirements, including potential future costs which could be required as part of a grant agreement. Additionally, the Finance Department coordinated several training sessions to highlight key changes to the new directive.

This directive has eliminated the requirement to go to Council for the application and acceptance of grant awards if the amount of the grant is less than $1,000,000 and does not require any local match funding. The Director of Finance is authorized to approve grant applications and awards under $25,000 with no local funding requirements. The City Manager has the authority for approving grant applications and awards between $25,000 and under $1,000,000 with no local match funding requirements. Due to the need for quick turnaround on grant application and award acceptance required by the granting agencies, this directive allows for City departments to apply for more grants within the grant application periods and provide quick response to award acceptance deadlines.

The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. Finance Department has established #10..
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internal grant application forms to manage the types of grants being applied for and to ensure local match requirements will be managed within our current budget.

City departments continue to actively pursue new grant applications as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant.

DISCUSSION:

During the months of March and April 2022 City Council approved the below grant application and award acceptance agreements recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with required local match or which exceeded $1,000,000 with no local match.

Community and Economic Development Department:
(Grant Award $3,973,353 – Local Match $0) – HomeKey 2.0 Project Application for 1208 9 th Street, funds from this grant are intended for the prevention of homelessness by rapid rehousing individuals through the provision of coordinated, compassionate, high quality services. Center for Human Services (CHS) identified a commercial building located at 1208 9th Street to convert into permanent supportive housing for youth. This project will be designed to serve transitional aged youth ages 18-25 and will be used for the acquisition and commercial conversion of a building that will result in 9 studios and 5 onebedroom apartments. (Grant Award $147,510 – Local Match $16,390, Measure L funds) Highway Safety Improvement Program (HSIP) grant funds will be used the installation of pedestrian hybrid beacon, leading pedestrian intervals at signals, blank-out no right turn signals/signage, directional median, high visibility crosswalks, median refuge islands and some American with Disabilities (ADA) improvements for the Oakdale Road Phase 1 project from Lacey Drive to Celeste Drive.
(Grant Award $100,350 – Local Match $11,150 Measure L funds) Highway Safety Improvement Program (HSIP) grant funds will be used the installation of pedestrian hybrid beacon, directional median, high visibility crosswalks, median refuge islands at the intersection of Standiford Avenue/Longbridge Drive and Silvand/Bridgeford Lane. (Grant Application $6,985,000 – Local Match $1,400,000, Measure L funds) Active Transportation Program (ATP) – Cycle 6 grant funds will be used to fund a proposed 2.6- mile pedestrian/bicycle path East-West along Encina Avenue from North Conejo Avenue to Lincoln Avenue and North-South along Lincoln Avenue from Dry Creek Trail to Yosemite Boulevard. All improvements are planned to be within public right-of-way with no anticipated land acquisition required.

Finance Department:
(Grant Award $2,716,416 – Local Match $0) California Water and Wastewater Arrearage Payment Program (CWWAPP). Funding from CWWAPP grant will be used to fund bill credits to customers with delinquent balances in their water account incurred during the #10..
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established COVID relief period of March 4, 2020 to June 15, 2021. This grant funding will provide economic relief to 7,195 residential and 226 commercial customers. (Grant Application $4,215,784 – Local Match $0) California Water and Wastewater Arrearage Payment Program (CWWAPP). CWWAPP grant funds will be used to provide economic relief to residential and commercial customers with outstanding delinquency in their wastewater account incurred during the COVID relief time period of March 4,2020 to June 15, 2021.

Utilities Department:
(Grant Application $1,303,000 – Local Match $0) Urban and Multi-Benefit Drought Relief Grant Program from the State of California Department of Water Resources will be used to fund the treatment system and flush line project for Well 212 located in the Empire service area in the far southeastern corner of the City of Modesto’s contiguous water service area.

Public Works Department:
(Grant Application $557,420 – Local Match $186,033, In-Kind Contribution) Urban and Community Forestry California Climate Investment (CCI). California Department of Forestry and Fire Protection’s CCI grant will be used to fund the completion of the Urban Forest Management Plan over a term of 4 years. The funds from this grant will allow the City’s Forestry Division to start the consultant selection process of the Urban Forestry Management Project (UFMP), complete the Public Tree Inventory, and setting up the iTree Software database. The Forestry Division will also use the funding for the following work, Land Cover Assessment, Background/Operations Review and Community Engagement/Presentations.

FISCAL IMPACT:

No fiscal impact will result from the acceptance of this informational report on March and April 2022 grant application and awards. A monthly summary by grant application and awards is below:

Grant Applications: $12,503,784
Grant Applications Local Match Amount, Measure L Funds: $ 1,400,000 Grant Awards: $7,495,049
Grant Awards Local Match, Measure L Funds and In-Kind Contributions $213,573 COMMITTEE RECOMMENDATION:

This item was accepted by the Finance Committee on June 27, 2022 and approved to forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting an informational report for the March and April 2022 Grant Applications and Awards.
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Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. March and April 2022 Grant Applications and Awards
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March and April 2022 Grant Applications
Grant Application
Grant Title Month Grant Awarding Agency City Department Name/Division Grant
Application
Amount
Grant
Application
Local Match
Amount
Local Match
Source
California Water and Wastewater Arrearage Payment Program (CWWAPP) MAR-22 State of California Finance Department 4,215,784 - N/A Active Transportation Program (ATP) - Cycle 6 APR-22 State of California Community & Economic Development Department 6,985,000 1,400,000 Measure L Funds Urban and Multi-Benefit Drought Relief Grant Program APR-22 State of California Department of Water Resources Utilities Department 1,303,000 - N/A Total $ 12,503,784 $ 1,400,000
March and April 2022 Grant Awards
Grant Awards
Grant Title Month Grant Awarding Agency City Department Name/Division Grant Award
Amount
Grant Award
Local Match
Amount
Local Match
Source
California Water and Wastewater Arrearage Payment Program (CWWAPP) MAR-22 State of California Finance Department 2,716,416 - N/A Highway Safety Improvement Program (HSIP) APR-22 California Department of Transportation (CALTRANS) Community & Economic Development Department 147,510 16,390 Measure L Funds Highway Safety Improvement Program (HSIP) APR-22 California Department of Transportation (CALTRANS) Community & Economic Development Department 100,350 11,150 Measure L Funds HomeKey 2.0 - 1208 9th Street APR-22 State of California Community & Economic Development Department 3,973,353 - N/A Urban and Community Forestry California Climate Investments (CCI) APR-22 California Department of Forestry and Fire Protection (CALFIRE) Public Works Department 557,420 186,033 In-Kind Total $ 7,495,049 $ 213,573
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: July 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Interim Fire Chief Services for Salida Fire Protection District CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full fire protection services agreement. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This report supports the Strategic Plan Core Commitment to: “Provide Greater Safer Neighborhoods” and “Provide Healthy Economy and Great Quality of Life.” BACKGROUND:

The City of Modesto and the Salida Fire Protection District are currently engaged in negotiations to have the City of Modesto provide full fire protection services to the area served by Salida through a service agreement. Due to a lack of staffing, Salida is in immediate need of a designated Fire Chief during the period of time of the agreement negotiation and approval processes.

DISCUSSION:

The Salida Fire Protection District has requested the City of Modesto’s assistance for temporary Fire Chief Services during the negotiations of a full fire protection services agreement. The City Manager would be authorized to execute a Memorandum of Understanding to provide administrative Fire Chief services for a temporary time frame in order to bridge the gap of time necessary to finalize negotiations. The term of the agreement shall become effective on the first date of the executed Memorandum of Understanding and shall continue for sixty (60) days or until an agreement is entered into by both parties for the provision of full fire protection services, whichever date is earlier. The City of Modesto will provide the following Fire Chief services to the Salida Fire Protection District:
 Fire services program planning and administration
 Assist with emergency and disaster management
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 Fire administration management and leadership
FISCAL IMPACT:

Any costs incurred and attributed to the Services provided under this Agreement shall be included in the full Fire Protection Service Agreement that the City and Salida are negotiating. If an agreement for full fire protection services is not reached between the parties within ninety (90) days of the Effective Date of this Agreement, the Parties shall meet and confer regarding the compensation owed to City pursuant to the Fire Chief Services provided under this Agreement.

Similar agreements have been established to provide Chief and Administrative services to other adjacent communities that created fiscal and operational efficiencies in the Fire Services to all partners involved. Therefore, this agreement will positively impact the City’s General Fund through economies of scale.

COMMITTEE RECOMMENDATION:

This item was not reviewed at the Committee level in order to expedite the potential service agreement to provide uninterrupted fire protection services to the Salida Fire Protection District.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement.

Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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1 Meeting Date/Dept/Contact/Item # 2021-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN AGREEMENT WITH SALIDA FIRE PROTECTION DISTRICT

FOR TEMPORARY FIRE CHIEF SERVICES DURING NEGOTIATIONS OF A

FULL FIRE PROTECTION SERVICES AGREEMENT
WHEREAS, the City of Modesto and the Salida Fire Protection District are currently engaged in negotiations to have the City of Modesto provide full fire protection services to the area served by Salida through a contract for service agreement; and WHEREAS, the City of Modesto and the Salida Fire Protection District have begun negotiating a full fire protection services agreement; and WHEREAS, due to a lack of staffing, Salida is in immediate need of a designated Fire Chief during the period of time of the full fire protection services agreement negotiation and approval processes; and
WHEREAS, the Salida Fire Protection District has requested the City of Modesto’s assistance for temporary Fire Chief Services during the negotiations of a full fire protection services agreement; and
WHEREAS, the City Manager would be authorized to execute a Memorandum of Understanding to provide administrative Fire Chief services for a temporary time frame in order to bridge the gap of time necessary to finalize negotiations: and WHEREAS, the term of the agreement shall become effective on the first date of the executed Memorandum of Understanding and shall continue for sixty (60) days or until an agreement is entered into by both parties for the provision of full fire protection services, whichever date is earlier; and
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2 Meeting Date/Dept/Contact/Item # 2021-xxx
WHEREAS, the City of Modesto will provide the following Fire Chief services to the Salida Fire Protection District:
• Fire services program planning and administration
• Assist with emergency and disaster management
• Fire administration management and leadership.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the City Manager to negotiate and execute an agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement., in a form approved by the City Attorney.

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

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 12th day of July 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: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 21, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Amending the Position Allocation Plan
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider amending the Position Allocation Plan in four departments: Police, Human Resources, Finance, and Utilities. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies - Building a High-Performing Organization by Attracting and Retaining High Performance Employees.

BACKGROUND:

Personnel Rule 2.1 states, “The City Manager shall ascertain the duties and responsibilities of all positions in the City service, except those positions which are filled by appointees of the City Council and after appropriate consultation with employees and department heads, shall prepare a classification plan for such positions.” As business needs and market conditions change, there is a need to adjust certain positions to better meet these business needs or better conform to industry best practices. Positions may be adjusted or created through the City’s Classification Study policies and procedures. The City found it necessary to review several classifications.

Police Department
The Police Department is a rapidly changing environment due to evolving technology and regulatory changes. One such change is moving from Uniform Crime Reporting to California Incident Based Crime Reporting. As requirements change, the need for specific positions encompassing the competencies needed must also change. From time to time, there is a need to assess the workforce and make these necessary adjustments to ensure duties are aligned and work processes continue seamlessly.
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Human Resources
The Human Resources Department handles all transactions within the organization relating to the Employee Lifecycle. This includes recruitment, hiring, and onboarding. The department has two Human Resource Analysts that oversee recruitment. These two positions split the organization and share the responsibility for City-wide recruitment. Many departments have experienced obstacles to hiring talent within this complex environment since the pandemic began. Attrition is high and we are experiencing a much higher number of recruitments needed to fill the vacant positions. This creates delays in the recruitment process and the need to add one more Human Resources Analyst. The Modesto Police Department has a more stringent hiring process and consumes about 80 percent of one HR Analyst currently.

Finance Department
A Position Inventory Questionnaire (PIQ) can be completed by an employee who wishes to have their position studied or by the department requesting a Single Class Audit. PIQ’s are typically requested when it is believed that a specific position has evolved over time and is performing duties above the current job class. This can happen with changes in business needs or practices.

A PIQ was submitted by the Finance Department for a current Financial Analyst II. Once received, the Human Resources Department assesses the job duties being performed by the incumbent to determine whether they are still within the current job class or if they fall within a different job class. The assessment determined that an adjustment is needed.

Utilities
The Utilities Department submitted a PIQ requesting that a Single Class Audit be performed on the position of Administrative Office Assistant III. The department requested that the position be reallocated to an Administrative Services Technician I/II based on business needs.

DISCUSSION:

Staff recommends position allocation additions and changes in four departments, Modesto Police Department (MPD), Human Resources, Utilities, and the Finance Department due to changes in business needs.

Police Department
After an assessment of the allocations within the Records and Property and Evidence Units, MPD has identified the changes below to improve efficiency and appropriately align the position allocations with the duties performed.

Due to the advancement in the City’s Records Management System, the recent mandatory change from Uniform Crime Reporting (UCR) to California Incident Based Crime Reporting (CIBRS/NIBRS) and other automation, the type of work within the Records Unit continues to change. The staffing required to process reports has decreased while the need for staffing with the ability to compile, analyze and submit data to various agencies has increased. The job specification for Police Technician is consistent with the skills required for these new and necessary duties.

The current allocation for Property and Evidence Technicians is four. The amount /type of evidence and property booked in our Property and Evidence facility has also changed with the advancement of technology. The time and staff required to process and transport biological #12..
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evidence as well as the testing required for the National Integrated Ballistic Information Network (NIBIN), has created a significantly higher workload in the Unit. In addition, the need for the efficient disposition of property and evidence after cases have been adjudicated is vital in order to maintain the facility and ensure MPD has the space required for new items. In order to meet these demands an additional Property and Evidence Technician is required.

By reducing the number of Police Support Specialists from 29 to 25, MPD requests eliminating one Police Support Specialist, reallocating four Police Support Specialists to two Police Technicians specifically assigned to the Records Unit, one Property and Evidence Technician, and one Administrative Office Assistant III Confidential. These changes in current allocations will properly align the duties performed and allow the Support Unit to efficiently handle the changes that have come with technological advancement. The savings created by this shift will also allow funding to add a Human Resources Analyst II to the Human Resources Department as outlined in the next section.

Human Resources
The Police Department has been hard hit by the difficult recruiting environment coupled with the challenges within the career of Policing. All agencies are experiencing these concerns and the City is often competing for the same talent. The process to bring in new officers is complex and time-consuming. New officers may come in as recruits through the City’s Police Academy or as lateral officers from other agencies.

In order to effectively and efficiently recruit new officers, The City needs to dedicate resources to the effort. The Police Department has requested some position changes within their nonsworn workforce and created some savings to add a Human Resources Analyst to the Human Resources Department. This additional position will be dedicated to Police recruitment and will also allow the current Analysts to focus on other areas of the City.

Finance Department
The position evaluated oversees specific audits; has authority to make decisions and changes, and may report those to auditors; has the authority to make case by case decisions on exceptions outside of policy; calculates and determines cannabis tax; and writes staff reports, resolutions, supporting documents and agreements.

After conducting the classification audit, it has been determined that this position performs the full range of duties in the Financial Analyst series, handles a variety of complex duties, and has a scope of authority in line with a Financial Analyst III; therefore, the recommendation is to reallocate the Financial Analyst II in the Finance Department to a Financial Analyst III.

Utilities
The position of Administrative Office Assistant III within the area of Utilities that this position functions performs duties such as managing the work order management system, monitoring tampered and delinquent account activity, evaluating service activity history, and other account oversight functions. The position also acts as a lead and provides oversight of daily activities of the team and ensures compliance with related laws, codes, ordinances, and regulations. #12..
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When compared to the current classification, it was quickly identified that the duties are higherlevel duties and responsibilities that are technical in nature and fall outside the current classification.

After conducting the classification audit, it has been determined that the duties and responsibilities provide technical administrative and program related duties and are in line with the Administrative Services Technician I/II classification; therefore, the recommendation is to reallocate the Administrative Office Assistant III in the Utilities Department to an Administrative Services Technician I/II.

FISCAL IMPACT:

Police Department
The fiscal impact of adjustments to the Police Department will result in a cost of $29,746 in the General Fund cost center 19420 as shown in the chart below. This additional cost will be absorbed in the Fiscal 2022/23 budget.

Human Resources
There will be no fiscal impact to the Human Resources Department. As shown in the chart above, the Police Department is funding the Human Resources Analyst II through savings from other position changes.

Finance Department
The reallocation of the position from Financial Analyst II to Financial Analyst III represents a 10% increase in base salary. The immediate fiscal impact will be 5%, based on the step placement of the incumbent. This is equivalent to $4,215 in the Water fund (Non-General Fund) cost center 12470 and will be absorbed within the current budget.

Utilities
The reallocation of the position from Administrative Office Assistant III to Administrative Services Technician I/II will result in a 17.5%-27.5% increase in base salary. Currently, this position is vacant, so the actual fiscal impact will depend on level and step placement of a new incumbent. This results in a maximum $16,516 in the water fund (Non-General Fund) cost center 45010 and will be absorbed within the current budget.

COMMITTEE RECOMMENDATION:

This agenda item was reviewed by Finance Committee on June 27, 2022 and was recommended for forwarding to the City Council for approval. #12..
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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending the position allocation for fiscal year 2022-23 as adopted in the operating budget.

Approved by:

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

1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2022-23 AS ADOPTED IN THE OPERATING BUDGET
WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council on June 7, 2022, as part of the Annual Budget of the City of Modesto for Fiscal Year 2022-23; and
WHEREAS, classification studies are conducted to ensure that a classification system is equitable and consistent within an organization and that positions are correctly classified; and
WHEREAS, per Personnel Administrative Order 2.2-87-12, a classification study may be conducted in response to a reclassification request, to develop/revise a classification specification, or to assist in a reorganization; and WHEREAS, classification studies were conducted by Human Resources to determine appropriate classifications; and
WHEREAS, position changes will be effective upon City Council adoption, unless otherwise noted.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation and the Fiscal Year 2022-23 Operating Budget for various departments as follows:

1. Allocate one (1) Human Resources Analyst II in the Administration Division (17210) of the Human Resources Department.
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2. Reallocate one (1) Financial Analyst II to one (1) Financial Analyst III in the Utilities and Collections Division (12470) of the Finance Department, and reclassify the incumbent accordingly.

3. Eliminate one (1) Police Support Specialist II in the Records and Support Division (19420) of the Modesto Police Department.

4. Reallocate two (2) Police Support Specialist II to two (2) Police Technician in the Records and Support Division (19420) of the Modesto Police Department.

5. Reallocate one (1) Police Support Specialist II to one (1) Police Evidence and Property Technician II in the Records and Support Division (19420) of the Modesto Police Department.

6. Reallocate one (1) Police Support Specialist II to one (1) Administrative Office Assistant III (Confidential) in the Records and Support Division (19420) of the Modesto Police Department.

7. Reallocate one (1) Administrative Office Assistant III to one (1) Administrative Services Technician II in the Water Services Administration Division (45010) of the Utilities Department.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 12th day of July 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: ?
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NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 3, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Security Access System Migration Purchase Agreement Amendment CONTACT: Chris Adam, Lieutenant, [email protected], 209.572.9500 DESCRIPTION:

Consider amending the agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the agreement for a new total amount not to exceed $255,884. (Funding Source: Supplemental Law Enforcement Services Fund - SLESF)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus area of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The Modesto Police Department (MPD) encompasses one whole city block, bounded by G and F Streets and 10th and 11th Street. Due to the nature of police work and records maintained by the MPD, the campus is required to be secure. The security access controls system was put into service when the campus was built in 1999. The entire system works off an antiquated Disk Operating System (DOS) and often fails in inclement weather or in the event of a power outage.

These system failures result in doors locking and/or inadvertent closing or opening of security gates, which poses a security risk to the parking lot, city vehicles and the various buildings located on the campus.

On October 12, 2021, the City Council approved Resolution No. 2021-405 approving the Purchase Agreement for an updated security access system migration and agreement for three years of preventative maintenance and service with Johnson Controls, San Leandro CA, by utilizing the competitive bidding process with Sourcewell previously known as National Joint Powers Alliance (NJPA), for facility security equipment, systems, and services, with related equipment and supplies for a total amount not to exceed $215,884. #13..
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City Council, July 12, 2022
Security Access System Migration Purchase Agreement Amendment

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DISCUSSION:

Work on this project has commenced and it has become apparent additional parts and services are needed to complete the project. For example, initially the access system at the Property & Evidence facility was not included in the scope of work for this project; however, in the last month the system at that building has started to fail to the point that card readers (a way of tracking who enters the building and when) are not functioning and only keys are able to be utilized. As such, the MPD is seeking to increase the amount of this purchasing agreement by $40,000 to be able to accommodate additional parts and services that may be required through the life of the agreement and to properly finish this project.

FISCAL IMPACT:

Sufficient funds are budgeted in 2017-2018 Supplemental Law Enforcement Services Fund Project Number 101059.

The increased cost for the security access system migration/upgrade is estimated to be $218,472. The cost for three (3) years of preventative maintenance and service is estimated to remain at $37,412 which includes 24/7 on-site response, including holidays, for a total amount not to exceed $255,884.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on June 27, 2022 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending the agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the agreement for a new total amount not to exceed $255,884; and authorizing the Director of Finance, or designee, to execute the amendment.

Approved by:

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

1. Resolution

2. Agreement No. 207519

3. First Amendment to Agreement 207519
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AMENDING THE AGREEMENT WITH JOHNSON

CONTROLS, SAN LEANDRO, CA FOR AN UPDATED SECURITY ACCESS

SYSTEM MIGRATION, INCREASING THE NOT TO EXCEED AMOUNT BY $40,000 FOR ADDITIONAL PARTS AND SEVICES THAT MAY BE REQUIRED

THROUGH THE LIFE OF THE AGREEMENT FOR A NEW TOTAL AMOUNT NOT TO EXCEEED $255,884, AND AUTHORIZING THE DIRECTOR OF

FINANCE, OR DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on October 12, 2021, the City Council approved Resolution No. 2021-405 to approve the Purchase Agreement for an updated security access system migration and for three years of preventative maintenance and service with Johnson Controls, San Leandro, CA not to exceed $215,884; and
WHEREAS, work progressed on the project, it became apparent additional parts and services are needed to complete the project; and
WHEREAS, the Modesto Police Department sought the approval to increase the amount of the Purchasing Agreement by $40,000 to accommodate additional parts and services; and
WHEREAS, the increase will accommodate any additional parts and services that may be required through the life of the agreement and to properly finish the project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an amendment to the purchasing agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the agreement for a new total amount not to exceed $255,884.

BE IT FURTHER RESOLVED that the Director of Finance, or her designee, is hereby authorized to execute the amendment.
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2 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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: _______________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 FIRST AMENDMENT TO AGREEMENT

FOR THE PURCHASE OF SECURITY ACCESS SYSTEM MIGRATION AND

PREVENTATIVE MAINTENANCE AND SERVICE WITH JOHNSON CONTROLS INC This FIRST AMENDMENT to the 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 JOHNSON CONTROLS INC. hereinafter collectively referred to as CONTRACTOR.

This FIRST AMENDMENT to the AGREEMENT is made with reference to the following recitals:

A. An AGREEMENT, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 5TH day of OCTOBER, 2021 to provide the purchase of security access system migration and preventative maintenance and service.

B. CITY and CONTRACTOR desire to amend the AGREEMENT by increasing the previously approved annual amount from $215,884 to $255,884 for the purchase of security access system migration and preventative maintenance and service identified in the AGREEMENT.

C. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. The second paragraph of the AGREEMENT shall be amended to include the following:
“Total amount not to exceed $255,884 over three years”.

2. Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this First Amendment to the Agreement by its City Manager and attested #13..
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2 by its City Clerk under authority of Resolution No.__________, adopted by the Council of the City of Modesto on the ____ day of _____________, 2022, and Johnson Controls Inc. has caused this First Amendment to the Agreement to be duly executed.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 21, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Acceptance of the California Violence Intervention and Prevention (CalVIP) Grant CONTACT: Jessica Smart, Public Safety Business Services Analyst, [email protected], 209.572.9518
DESCRIPTION:

Consider accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434. (Funding Source:

Police – Grants, General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus area of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

Formerly known as the California Gang Reduction, Intervention and Prevention (CalGRIP) Grant Program, the State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Year (FY) 2017-18. CalVIP encourages 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 Corrections (BSCC) to administer CalVIP, including the selection criteria for grants and reporting requirements to Legislature.

The grant requires a 100% match of grant funds requested and also requires at least a 50% pass through to at least one (1) non-governmental, community-based organizations and/or public agency that are not law enforcement whose primary mission is violence prevention or community safety.
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City Council, July 12, 2022
Acceptance of the California Violence Intervention and Prevention (CalVIP) Grant

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On February 1, 2022, the City Council approved the submission of a grant application for the CalVIP Grant Program by Resolution No. 2022-070. The Modesto Police Department was the lead agency on the grant application and it was submitted on February 9, 2022.

DISCUSSION:

The Modesto Police Department has been notified that it is being awarded $2,215,217 in grant funds from the BSCC CalVIP Grant Program. This means that there is also a match requirement of $2,215,217 for a total of $4,430,434 to be expended on the mission and goals of the grant.

The match requirement can be met via cash, in-kind or a combination of both. The performance period of the grant is July 1, 2022 through June 30, 2025 with an additional six (6) months (July 1, 2025 through December 31, 2025) included in the term of the contract for the purposes of finalizing and submitting a required local evaluation report and financial audit.

The Modesto Police Department partnered with the Parks, Recreation and Neighborhoods Department as well as Modesto City Schools, the Boys and Girls Club of Stanislaus County, Legacy Alliance Outreach and El Concilio California for the grant application. The purpose of the CalVIP Grant Program is to provide 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. In conjunction with the above identified partner agencies, the Modesto Police Department will work to support, expand and replicate evidence-based violence reduction initiatives. The partner agencies have dubbed this grant Project SUCCESS (Serving and Understanding our Community with Compassion and Education for Safer Streets) The “small segment of the populations that is identified as having the highest risk of perpetrating or being victimized by violence” as required by the CalVIP Grant Program was identified by Police Department staff after reviewing crime statistics. Based on the data, the area south of Kansas Avenue, north of the Tuolumne River, west of Highway 99 and east of S. Carpenter Road has been identified as the target area. In addition, grant activities will focus on two populations with the highest needs: pre/adolescent and incarcerated individuals being released.

Based on local crime data as well as research data from the Federal Bureau of Investigations (FBI) and the Population Reference Bureau, the following strategies were identified for this project: early intervention, focused deterrence, mentoring/credible messengers, mental health services, street outreach, and employment/job training. It is through these strategies that multicultural services will be implemented to prevent and redirect toward positive pathways.

Project SUCCESS will implement new and innovative interventions for the target area in an effort to prevent or minimize the influence of contributing delinquency factors within the target area. Modesto encompasses 44.8 square miles with a total population of 220,210 (CA Department of Finance report, 2020). The target area of Southwest Modesto encompasses 9.16 square miles with a total population of approximately 20,840. Adolescents will be referred into the program with an expectation of serving a minimum of 400 youth and 100 adults per year.

There are three main goals in Project SUCCESS: (1) to strengthen community-police relationships in the target area deemed to be at the highest risk of violence; (2) to provide opportunities for early intervention, education, family and mental health services in the target area of Southwest Modesto; (3) provide for a safer community by reducing crime and the fear of crime in the target area.
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City Council, July 12, 2022
Acceptance of the California Violence Intervention and Prevention (CalVIP) Grant

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Full Project SUCCESS strategies and deliverables are outlined in the attached Proposal Narrative.

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, in-kind, or a combination of both. Grantees are required to maintain documentation to support all match dollars that are claimed. There are no cash match dollars being proposed – all match dollars are in-kind in nature. In-kind matches are a 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. Below is a breakdown of how grant funds and in-kind match funds will be distributed between all partner agencies:

Organization Grant Funds Match Funds Total
Police Department $701,983* $366,753 $1,068,736
Parks & Recreation $158,155 $147,839 $305,994
Modesto City Schools $0 $135,000 $135,000
Boys & Girls Club $451,570 $560,464 $1,012,034
Legacy Alliance Outreach $514,800 $587,368 $1,102,168
El Concilio $388,709 $417,793 $806,502
Totals $2,215,217 $2,215,217 $4,430,434
*Includes grant mandates such as project evaluation ($155,000) and financial audit ($15,000).

For the Police Department and the Parks, Recreation & Neighborhoods Department the match funds come by way of existing City staff time and use of facilities and these expenses exist in the respective department operating budgets.

COMMITTEE RECOMMENDATION:

This item was not presented to a Committee due to time constraints.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434; and authorizing the City Manager, or his designee, to execute the necessary documents including Memorandum of Understand agreements with each partner agency on this grant.

Resolution amending the Fiscal Year 2022-23 Operating and Multi-Year Project Budget to appropriate revenue and expenses in the amount of $2,215,217 related to the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant and $514,592 for the City of Modesto in-kind match; and authorizing the City Manager, or his designee, to implement the provisions of this resolution. #14..
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City Council, July 12, 2022
Acceptance of the California Violence Intervention and Prevention (CalVIP) Grant

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Approved by:

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

1. Resolution – CalVIP Grant Acceptance

2. Resolution – Budget Amendment

3. BSCC CalVIP Proposal Narrative

4. CalVIP Grant Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION ACCEPTING THE BOARD OF STATE AND COMMUNITY

CORRECTIONS CALIFORNIA VIOLENCE INTERVENTION AND
PREVENTION (CALVIP) GRANT IN THE AMOUNT OF $2,215,217 IN GRANT FUNDS WITH A 100% MATCH REQUIREMENT OF $2,215,217, OF WHICH $514,592 IS FROM THE CITY OF MODESTO AND $1,700,625 IS FROM EXTERNAL SUBCONTRACTS, FOR A TOAL AMOUNT OF $4,430,434; AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE NECESSARY DOCUMENTS INCLUDING MEMORANDUM OF

UNDERSTAND AGREEMENTS WITH EACH PARTNER AGENCY ON THIS
GRANT
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 (BSCC) to administer CalVIP; and WHEREAS, on February 1, 2022, the City Council approved the submission of a grant application for the CalVIP Grant Program by Resolution No. 2022-070; and
WHEREAS, the Modesto Police Department (MPD) was the lead agency on the grant application and it was submitted on February 9, 2022; and WHEREAS, the MPD has been notified that it is being awarded $2,215,217 in grant funds from the BSCC CalVIP Grant Program; and WHEREAS, there is also a match requirement of $2,215,217 for a total of $4,430,434 to be expended on the mission and goals of the grant; and WHEREAS, the MPD partnered with the Parks, Recreation and Neighborhoods Department as well as Modesto City Schools, the Boys and Girls Club of Stanislaus County, Legacy Alliance Outreach and El Concilio California #14..
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for the grant application and have named the grant initiative Project SUCCESS (Serving and Understanding our Community with Compassion and Education for Safer Streets; and
WHEREAS, the three main goals in Project SUCCESS are:
(1) to strengthen community-police relationships in the target are deemed to be at the highest risk of violence
(2) to provide opportunities for early intervention, education, family and mental health services in the target area of Southwest Modesto
(3) provide for a safer community by reducing crime and the fear of crime in the target area, and;
WHEREAS, the breakdown of grant funds and in-kind match funds will be distributed between all partner agencies is outlined below; and Organization Grant Funds Match Funds Total
Police Department $701,983* $366,753 $1,068,736
Parks & Recreation $158,155 $147,839 $305,994
Modesto City Schools $0 $135,000 $135,000
Boys & Girls Club $451,570 $560,464 $1,012,034
Legacy Alliance Outreach $514,800 $587,368 $1,102,168
El Concilio $388,709 $417,793 $806,502
Totals $2,215,217 $2,215,217 $4,430,434
*Includes grant mandates such as project evaluation ($155,000) and financial audit ($15,000).

WHEREAS, for the Police Department and the Parks, Recreation and Neighborhoods Department the match funds come by way of existing staff time and use of facilities and these expenses exist in the respective department operating budgets.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434; and
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the necessary documents including Memorandum of Understanding agreements with each partner agency on this grant.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 OPERATING AND

MULTI-YEAR PROJECT BUDGET TO APPROPRIATE REVENUE AND
EXPENSES IN THE AMOUNT OF $2,215,217 AS WELL AS CITY OF MODESTO IN-KIND EXPENSES IN THE AMOUNT OF $514,592 RELATED TO

THE BOARD OF STATE AND COMMUNITY CORRECTIONS CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) GRANT; AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the Modesto Police Department has been awarded a grant in the amount of $2,215,217 from the Board of State and Community Corrections (BSCC) for the California Violence Intervention and Prevention (CalVIP) Grant Program; and
WHEREAS, the grant requires a 100% match in the amount of $2,215,217 of which $514,592 will come from City of Modesto and $1,700,625 will come from external sources; and
WHEREAS, the Modesto Police Department has partnered with the Parks, Recreation and Neighborhoods Department as well as Modesto City Schools, the Boys and Girls Club of Stanislaus County, Legacy Alliance Outreach, and El Concilio of California to implement this grant; and
WHEREAS, certain budgetary adjustments are necessary to account for the programming of revenues and expenses related to the CalVIP Grant and the City of Modesto in-kind match.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-23 Operating and Multi-Year Budget by $2,215,217 in revenues and expenses and to #14..
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track the City of Modesto in-kind expenses in the amount of $514,592 for a total of $2,729,809 for the BSCC CalVIP Grant Program.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 1 of 12

1. Description of Community Need
The Modesto Police Department (MPD) is requesting funding from the BSCC CalVIP grant program to implement Project SUCCESS (Serving and Understanding our Community with Compassion and Education for Safer Streets), a multi-faceted, evidence-based program to combat against the impact of violence on vulnerable communities in our city. Modesto is seeing a disproportionate amount of violent crime when compared to California averages. In 2019, the California average for aggravated assaults was 250 cases per 100,000 people, while Modesto had 578 aggravated assaults per 100,000 people (Federal Bureau of Investigation [FBI], 2019). This can be attributed to lower income levels, language barriers, lack of easily available resources/services, coupled with a higher number of group members residing in and frequenting high crime areas.

After careful review of Modesto’s violent crimes, identifying hot spots, demographics, and availability of services/resources, Southwest (SW) Modesto was identified as the micro-targeted population. SW Modesto is an impoverished community, with high numbers of violent crimes and multi-generational group members residing and frequenting there. It is also a multi-cultural community that can present additional language and service barriers.

In 2021, MPD took 76 aggravated assault reports (excluding domestic violence) within the target area. There was a large concentration (hot spot) of aggravated assaults within this area compared to the rest of the city. Crime rates are highest for individuals in their adolescence with the peak of violent crime offending occurring around 17 years of age (FBI, 2016). In 2021, MPD identified suspects in violent crimes as young as 13 with a peak at age 18. It is imperative to reach young adolescents and provide preventive measures prior to this peak in an effort to stop the onset of violent behavior. Multiple factors contribute to childhood offending, but three external factors shown to increase delinquency include poor parenting, negative school experiences, and delinquent peers (Agnew & Brezina, 2012, p 328). Within Stanislaus county, 62.1 per 1,000 children reported having experienced child abuse or neglect while the state average was 52.9 per 1,000 children (kidsdata.org). In addition, 10.2% of 7th graders in Stanislaus County reported feeling either "unsafe" or "very unsafe" at schools #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 2 of 12 (kidsdata.org). Lastly, 5.9 per 1,000 juveniles are arrested locally on a felony charge while the California rate is 3.9 per 1,000 juveniles (kidsdata.org).

Based on this data, the following strategies have been identified for this project:
early intervention, focused deterrence, mentoring/credible messengers, mental health services, street outreach, and employment/job training. It is through these strategies that multi-cultural services will be implemented to prevent and redirect toward positive pathways. Project SUCCESS will implement new and innovative interventions for the target area in an effort to prevent or minimize the influence of contributing delinquency factors within the target area. Modesto encompasses 44.8 square miles with a total population of 220,210 (CA. Department of Finance report, 2020). The targeted area of SW Modesto encompasses 9.16 square miles with a total population of about 20,840.

Adolescents will be referred into the program with an expectation of serving a minimum of 400 youth and 100 adults per year.

Within Modesto, there are 2,014 adults and 137 juveniles who are on active probation and 766 individuals currently on parole. According to the CDCR, 45% of those released are reconvicted within 3 years with 13% of those offenses being crimes against persons. It is important that services are provided to ensure that recidivism is diminished. Modesto desperately needs a reintegration program with a multiple prong approach to redirect those released from incarceration into healthy lifestyles, with the hope of reducing violent crimes in the Modesto community. Offenders often cross into other communities to commit crimes, therefore the target population for the reintegration component will include anyone returning to Modesto from incarceration.

2. Project Description
Project SUCCESS is a partnership between the City of Modesto – Police Department (MPD), the Parks, Recreation and Neighborhoods Department and three community-based organizations (CBO’s). It will focus on two populations with the highest needs: pre/adolescent and incarcerated individuals being released.

Pre/adolescent children were identified as needing services and programs to prevent violent behaviors by providing positive alternatives to violence (early intervention, mentoring/credible messengers, mental health services, street outreach). We recognize #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 3 of 12 children are often exposed to crimes and/or are victims themselves who have been traumatized. Project SUCCESS will put programs in place to provide for victim needs.

While it is very important that early interventions are put into place, it is also crucial to have resources in place to assist those who are reintegrating back into society after having committed a crime (focused deterrence, employment/job opportunities). We have a solid reintegration program being implemented by professionals and formerly incarcerated individuals who have successfully reintegrated after multiple years in prison. Partnerships for referrals from the local Parole and Probation Offices have been established and Project SUCCESS anticipates serving 80 parolees each year.

MPD, in partnership with El Concilio California (ECC), Legacy Alliance Outreach (LAO), Boys and Girls Club of Stanislaus County (BGCSC), Parks, Recreation and Neighborhoods Department (PRND), and Modesto City Schools (MCS) proposes a program to reduce violence within Modesto with a multi-faceted strategy. Project SUCCESS will strengthen the community-police relationships in the micro-targeted population deemed to be at the highest risk of violence (identified as SW Modesto), provide opportunities for early intervention, education, family and mental health services, providing for a safer community by reducing crime and the fear of crime in SW Modesto. These goals will be targeted for youth, the community, and those recently released after incarceration.

The first goal of Project SUCCESS is to strengthen community-police relationships in the target area deemed to be at the highest risk of violence. This will be accomplished through a focus on early interventions and strengthening relationships between law enforcement and the youth in SW Modesto. The primary vehicle to accomplishing this goal will be to implement a School Resource Officer (SRO) in coordination with MCS, who will work full-time at Mark Twain Middle School (which is within the target area) and assist in the surrounding five (5) elementary schools on a monthly basis. Introducing an SRO into a school can have a positive impact on students when the SRO takes an active, preventive role instead of a visual deterrence role.

Research has shown that schools with an SRO can have less assaults and weapons brought to school (College of Social Work; James & McCallion, 2013). Project SUCCESS strongly believes that building relationships and trust with law enforcement #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 4 of 12 at an early age, inclusive of families, will be key in lowering the propensity for negative behavior leading up to criminal activity. The SRO will not be in place as a disciplinary figure at the school, but as a positive role model who will implement ongoing in-class and one-on-one programming with the students to create positive interactions.

Additionally, the SRO will develop and implement a Junior Cadet Program for students in grades 5-8, allowing students to see career opportunities in public safety, learn valuable skills and build self-confidence. The Junior Cadet Program will include physical training, fingerprint work, classroom teaching, demonstrations by specialized units, tours and visits to the MPD. This program will expose children and their families to public safety in a positive and inviting manner. In addition to the SRO and Junior Cadet program there will be several mobile recreation opportunities presented that work to create positive social interactions between youth, their families and public safety in an informal and safe environment. Mobile recreation activities bring equipment and supplies where they may be lacking (SW Modesto) and create safe environments for healthy physical activity, good sportsmanship and well-being. These activities will include Park Play Pop Up events in coordination with PRND which provide for Social and Emotional Learning (SEL)-based themes provided with equitable access and by trained staff to provide positive youth development. Family Movie Nights in the Park where families can come together in target area parks to create memories watching some classic movie favorites and a Leisure Buck Scholarship Program which provides funding for qualifying families in the target area to go toward recreation programming.

The second goal of Project SUCCESS is to provide opportunities for early intervention, education, family and mental health services in the target area of SW Modesto. These preventative measures will establish positive pathways for youth in the target area by increasing after school programs, activities, tutoring, and other proven programs effective in improving grades, increasing self-esteem and providing positive alternatives to youth residing in the target area. This objective will be accomplished in a few ways, the first of which is increasing the knowledge of social services agencies, schools, community groups and leaders on group member issues through a series of 40 presentations provided by the BGCSC in the southwest area of Modesto. #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 5 of 12 BGCSC will then implement a comprehensive program aimed at improving grades, increasing self-esteem, and providing positive alternatives for youth residing in the target area. These programs will take place in a new building BGCSC recently acquired, which is located in the target area. Participants will be referred from schools, law enforcement, marketing, and targeted outreach. Youth attendance will be tracked via proxy cards and software with their measurements involving tracking grades, surveys, grade-level advancement, graduation rates, etc. BGCSC requires a parent or assigns a mentor involved in the students’ lives to participate in the program, resulting in thousands of volunteer hours contributed by parents. Boys & Girls Clubs of America, in collaboration with Pennsylvania State University, developed Street SMART to keep youth engaged in risk-prevention activities. It is designed to encourage youth to resist the culture of social cruelty, to stand against bullying, and reject gang violence. The program is based on the understanding that helping youth avoid harm is about more than teaching youth to say “no” to peers, standing up to bullying and avoiding gangs.

Young people must learn to be aware of their own hurtful or controlling behaviors and practice positive ways of resolving differences.

Access to mental health services and other interventions will be another objective of this goal. Project SUCCESS recognizes ongoing diverse outreach strategies are critical to the success of any program. First, to address the unique challenges and barriers of the target area, ECC will utilize a series of targeted outreach strategies and tactics designed to educate, motivate, and encourage all eligible target populations and communities to take advantage of Project SUCCESS programs. In order to provide culturally appropriate messaging saturation, leverage resources, identify gaps, and ensure coordination across the target area and additional stakeholders, ECC will employ a proven collaborative framework across its outreach platform. Strategies include: 1: leveraging relationships and community resources, 2: collaboration with faith-based organizations and networks to support program outreach, 3: leverage existing campaigns and activities to reach the target community to promote Project SUCCESS education and information, 4: develop culturally responsive resource toolkits, 5: use civic engagement outreach tools, 6: develop a communications and media strategy designed to target hard-to-reach populations, 7: identify trusted community messengers as Project SUCCESS Ambassadors. ECC has an integrated and coordinated #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 6 of 12 approach to working with partners and grassroots organizations to address gaps and avoid duplication in reaching low-income, at-risk, hard-to-reach communities while allowing for appropriate messaging saturation.

The second objective for the success of this goal is the provision of mental health services and programs. ECC utilizes Cognitive Behavioral Therapy, Person-Centered Therapy, Narrative Therapy, and Brief Solution Focused Therapy in its multi-faceted mental health service program. ECC will implement multiple outreach programs focusing on prevention, education, and intervention. In addition, stigma-reducing presentations will be made to the community using ECC’s Every Mind Matters campaign. ECC will host Youth Cafés that focus on mental health topics covering the trauma related to living in and with violence from ages 12 to 21 years. Lastly, ECC will offer its Youth@Work program, which is an 8-week workforce/job readiness program, utilizing ECC’s proprietary Ceilings Unlimited Job Readiness curriculum, including, but not limited to, technological literacy, Microsoft Office instruction, job applications, resumes, interview skills, job search skills, networking, life skills, and preparing an individual to attain and retain employment for those 16-21 years of age. The program also offers one-on-one case management support. At the end of the program, ECC hosts a job fair with over 25 engaged local business ready to hire applicants. These jobs are for all sectors of employment and offer living wages. Follow up indicates that over 60% of the Ceilings Unlimited clients hired through the job fairs are still working three months later.

The third and final goal of Project SUCCESS is to provide for a safer community by reducing crime and the fear of crime in the target area. The promotion of positive interactions with law enforcement and community members is a primary mission for Project SUCCESS. For this particular goal, the first objective is establishing professional relationships and enhancing communication, which are key. One way to do that is to have specific officers who routinely work in the target area with an engagement-first mindset. Officers from MPD’s Crime Reduction Team and the Street Gang Unit will spend 50 hours per month in the target area to engage the community and provide proactive enforcement when needed. Engagement will take many forms from presence in the target area, communicating with established trusted messengers, as well as #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 7 of 12 anyone residing in the target area, to participating in the recreation events and activities outlined in goal number one. These same officers will also assist the SRO with the programs and curriculum provided to the students participating in activities, such as the Junior Cadet Program and the BGCSC after school programs. These efforts will provide a safe space for youth in the target area to build a positive and proactive relationship with the officers serving their community which, in turn, builds trust. Additionally, these officers will be involved in providing presentations to the community on topics such as group member violence, how to stay safe, and how to report criminal activity to the police. Additionally, extra patrols will be provided by these officers to the target area when there is a violent crime in that area, when data shows an increase in crime, or at the request of the community. It is common for people to live in fear after a violent crime has occurred in their community; having known officers will be present after a violent crime has occurred can help the community feel safe and reduce the likelihood of retaliation crimes. The goal is for community members and police officers to have already established a relationship prior to this and ensure that the community is confident that the police will provide the services they need/are requesting. This further assists in building trust and police-community relations as community members will have established relationships with specific officers and therefore have a direct line of communication when reporting suspicious activity.

The second objective for this goal is to provide parole/probation reintegration services to prepare formerly incarcerated men, women and juveniles to reenter the community.

LAO will implement a reintegration program, which will fill a much-needed gap in the Modesto community. LAO recently purchased a home for this type of program and will provide housing, transportation, cultural relations workshops, job training, family reunification and more. LAO already has established a great working relationship with the Stanislaus County Parole Office and will coordinate the Incarcerated Community Reintegration Program (ICRP) as a 12-week curriculum designed to prepare formerly incarcerated men, women, and juveniles to reenter and reintegrate into society as prosocial community members. This will be accomplished by helping returning community members with rides and warm hand-offs from prison to Modesto; housing referrals and short-term housing for some participants, social skills, employment, family #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 8 of 12 reunification, educational advancement, mental health treatment, substance abuse treatment, computer literacy training and self-care. This program will awaken innate empathy for community members, trigger accountability, and help individuals learn to navigate the barriers that may have hindered them in the past, manage and remove stressors of life that cause relapse into criminal behavior and violent patterns by helping navigate life positively in the community. LAO helps stabilize social networks, establishing contacts and connections to resources for employment, healthcare, mental health treatment and family reunification. LAO will refer qualified individuals for applicable services provided by ECC. LAO also partners with Project Rebound, which is a program out of California State University, Stanislaus. This program offers special services and a supportive environment to formerly incarcerated individuals pursuing higher education upon release.

3. Organizational Capacity and Coordination
To implement Project SUCCESS, the City of Modesto – Police Department proposes the following outline of the role and organizational capacity of each involved entity:

City of Modesto – Police Department (MPD):

As the lead agency, the MPD will provide overall programmatic, financial and evaluation oversight. MPD operates under the direction of the Police Chief, Brandon Gillespie, and has the proven success to oversee large projects, including Federal and State grants. Over the last ten (10) years, MPD has received and managed millions of dollars in federal and state grant funds including the successful management of five (5) BSCC grants. A Lieutenant with prior grant management experience and 22 years in law enforcement who serves as the Assistant Division Commander of the Investigations Division, will provide general operational oversight for the School Resource Officer/Junior Cadet Program, community outreach activities and events and the proactive engagement/presence of our Crime Reduction Team and Street Gang Unit.

The department’s Senior Crime Analyst and an additional Crime Analyst will take lead on overall coordination of grant deliverables and project evaluation in close coordination with the to-be selected project evaluator and an Administrative Office Assistant III who will provide support for collection and retention of data from all partner agencies as required for the project evaluation. An Administrative Analyst II and the Public Safety #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 9 of 12 Business Services Analyst will oversee the financial reporting and documentation for all grants including Project SUCCESS, if awarded. MPD will assign a School Resource Officer (SRO) to Mark Twain Jr. High as a role model vs. disciplinarian and the individual will be selected based on experience with youth/youth programming, ability, communication skills, etc. The Officers and Sergeants from the Crime Reduction Team (CRT) and Street Gang Unit (SGU). The Officers will be selected with the needs of Cultural Diversity Severity and Language Barriers in mind.

City of Modesto – Parks, Recreation and Neighborhoods Department (PRN):

PRN will host numerous activities complimenting the SRO and CBO activities but not duplicating them. PRN has long been established in our neighborhood parks; however, with budget reductions their reach has been limited in recent years. Through Project SUCCESS, PRN is able to provide a more focused, integrative approach to ensure services are offered and accepted in the target area in coordination with all affiliated partners. PRN reaches hundreds of thousands of youth (and adults) annually through its wide array of recreation offerings. The basis for all PRN programming is promote literacy and social-emotional learning to equip youth with the ability to use the appropriate tools and skills to successfully navigate current and future challenges and opportunities. The Lead Recreation Coordinator for Project SUCCESS has been working with youth for 33+ years, targeting at-risk youth.

Boys and Girls Club of Stanislaus County (BGCSC):

For over 100 years, Boys & Girls Clubs of America (BGCA) has been involved in youth development, working with youth from disadvantaged economic, social and family circumstances. In 2013, Boys & Girls Club Stanislaus County (BGCSC) began implementing programs in the City of Modesto. Since inception, with the assistance of various grant funding and local donors, they continue to strategically add schools and locations to reach under/unserved and disparate communities in Stanislaus County.

BGCSC is well-equipped to serve in this capacity as it is an expansion of the work it has been providing Stanislaus County for nine (9) years.

El Concilio California (ECC):

ECC has provided services to families and individuals within the City of Modesto for over 20 years, providing critical services and programs to the marginalized, #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 10 of 12 economically-segregated, under/unserved, at-risk populations and diverse communities of color. Staffing consists of Therapists, Mental Health Outreach Workers, Substance Abuse Counselors, Peer Partners and more. Services consist of an integrated approach with Cognitive Behavioral Therapy; Collective Efficacy; Employment and Job Training; Focused Deterrence; Intensive Case Management; Mental Health Services; Mentoring/Credible Messengers; Street Outreach.

ECC operates under a Board and has a vast number of instructors and support staff, influencers, stakeholders and natural partnerships with like-minded agencies and organizations as part of a Community Based System and Continuum of Care and Service. ECC clients are acquired via referrals from hospitals, schools, law enforcement, their Civic Engagement Team, marketing, social media, job fairs, and more. ECC identifies successful participants and provides facilitator and leadership training for them. ECC is well-equipped to provide these new services in the target area.

Legacy Alliance Outreach (LAO):

LAO combines education and experience, from those formerly incarcerated and some never incarcerated, along with licensed clinicians and educators to implement a much needed, comprehensive reintegration program to the City of Modesto. One leader, Michael Baldwin spent 26 years in prison. During his last 18 years of incarceration, he led Restorative Justice Programs to over 10,000 inmates at 3 different locations. LAO has established working partners with Stanislaus County Parole and Probation for referrals. He is a paralegal with an A.A. degree and founded Criminal and Gang Members Anonymous (CGA). LAO closed escrow this month on a home in Modesto to house individuals specific to this program. LAO works closely with local educators and programs, including Project Rebound at CSU Stanislaus to enroll formerly incarcerated members into college. Having those who have been incarcerated and reintegrated successfully align with licensed professionals ensures a successful reintegration program. LAO has in-house partners in place to track all grant activities and budget management of the grant and in-kind funding.

4. Project Evaluation and Monitoring
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 11 of 12 Once awarded the CalVIP grant, we will seek bids from research companies to complete a formal, local evaluation plan for Project SUCCESS. Below are the current Goals and Outcomes we will evaluate for program success.

Program Goals:
 Decrease violent crime in target area and target populations  Improve police-community relationship in target area
 Reduce the fear of crime in target area
 Increase number of youth provided with alternatives to group membership  Increase number of youths educated to resist alcohol/drugs/delinquent peers  Improve mental and emotional health of youth
 Increase youth role models/mentors to help peers resist negative peer pressure  Increase number of youth peer groups with reinforcement for healthy choices  Improve attitude toward learning, improved behavior and grades in schools  Increase the number of youth graduating from high school  Decrease the amount of recidivism in prior incarcerated individuals Program Objectives and Outcome Measures:
 SRO will be implemented in Mark Twain Middle School
 Junior Cadet Program will be developed and implemented  Reach 800 youth annually through hosted community events and programs  Provide Brief Intervention Counseling, Outreach and Engagement  Min. of 60 unduplicated Youth/Transitional Aged Youth services, Year 2 & 3.  Bimonthly Youth Cafes
 Establish Alternatives to Violence (AVP) workshops
 Establish annual 8-12-week parenting courses
 76-140 youth annually in the Youth @ Work Program
 50 hours monthly of increased public contact and patrols in target area  40 presentations about social services agencies, schools, community groups and leaders on group membership (gang) issues.
 4 monthly presentations on mental health services
 80-100 individuals annually going through the reintegration program #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 12 of 12  Percentage of violent crime will decrease in target area  Percentage of positive police-community interactions will increase in target area  Percentage of mental health incidents will decrease at Mark Twain Middle School  Percentage of reoffending by prior incarcerated individuals will decrease  Percentage of the community feeling safer will increase in target area  Percentage of juvenile offender violent crime will decrease in target area All data and survey information in the measured outcomes will be provided to the consultant contracted to complete a local evaluation report for all grant components.

MPD expects to increase services focusing on the target area and target populations to ensure decrease in violent behavior and criminal offending.

Each individual program has a detailed plan of tracking its participants. The tracking process will include the participants name, age, school, demographic information, school discipline records, and criminal history. It will also include the total number of mental health related incidents documented at the school. Modesto City Schools and MPD will have data-sharing agreements in place at grant inception. All services provided and referrals made will be documented regarding the participants receiving services or referred for service. Surveys will be given at Mark Twain Middle School before the implementation of the program and through the program. The surveys will assess the level of safety the youth feel, relationship with police, and positive/negative social traits. This assessment will also be provided to schools outside the target area to act as a comparison group. These results, along with official crime statistics of the areas, will determine the success of the program.

To make sure that all participants have great futures, programs must be consistent in the services provided, offering high-yielding activities to help our youth achieve priority outcomes. Retention in the various programs will ensure an increased opportunity for positive outcomes. Outcomes are measured by organizations maintaining the programs as well as the Modesto Police Department. Case management is an integral part, with proper record keeping and documentation to ensure targeted individuals receive appropriate services. All documentation will be collected and assessed on a quarterly basis.
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STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC81522 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 815- 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
City of Modesto - Police Department

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:
$2,215,217.00

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 3
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 28
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.) City of Modesto - Police Department

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
PO BOX 642 Modesto CA 95353

PRINTED NAME OF PERSON SIGNING TITLE
Joseph P. Lopez City Manager

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

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 #14..
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020

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 City of Modesto-Police Department (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Fiscal Year 2021-22 State Budget includes funding in the amount of $209 million for the California Violence Intervention and Prevention (CalVIP) Grant Program, to be administered by the Board of State and Community Corrections (BSCC). California cities that are disproportionately impacted by violence and the community-based organizations that that serve the residents of those cities are eligible to apply for CalVIP grant funding.

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: Joseph P. Lopez
Title: City Manager
Address: 1010 10th Street, Suite 6100 Modesto, CA 95354 Phone: (209) 577-5223
Designated Financial Officer authorized to receive warrants:

Name: DeAnna Christensen
Title: Director of Finance
Address: 1010 10th Street, Suite 5200 Modesto, CA 95354 Phone: (209) 577-6387
Email: [email protected]
Project Director authorized to administer the project:

Name: Brandon Gillespie
Title: Chief of Police
Address: 600 10th Street Modesto, CA 95354
Phone: (209) 572-9501
Email: [email protected]
C. Either party may change its project representatives upon written notice to t other party. #14..
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
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.

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.
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
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 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.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

1. INVOICING AND PAYMENTS
A. 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.

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
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
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.

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 #14..
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
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.

7. PROJECT BUDGET
BSCC Budget Line Item A.

Grant Funds
B.

Match
C.

Total (A+B)

1. Salaries and Benefits $508,094 $366,157 $874,251

2. Services and Supplies $2,000 $0 $2,000

3. Health and Wellness $0 $0 $0

4. Professional Services or Public
Agency Subcontracts $158,155 $282,839 $440,994

5. Non-Governmental Organization
(NGO) Subcontracts $1,355,079 $1,565,625 $2,920,704

6. Equipment/Fixed Assets $0 $0 $0

7. Project Evaluation $155,000 $0 $155,000

8. Financial Audit $15,000 $0 $15,000

9. Other (Travel, Training, etc.) $21,889 $596 $22,485

10. Indirect Costs $0 $0 $0
TOTALS $2,215,217 $2,215,217 $4,430,434
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020

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 creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic #14..
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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 to the purchasing body pursuant to the bid. Such assignment shall be made and become effective #14..
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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) that all payments under the Contract have been made to the DVBE; and (5) the actual #14..
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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).)
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

1. GRANTEE’S GENERAL RESPONSIBILITY
A. 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.

B. 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.

C. 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
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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

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction. #14..
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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.

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 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 #14..
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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.

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.
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Grant Proposal Cover Sheet
California Violence Intervention and Prevention
(CalVIP) Grant Proposal
CalVIP Proposal Cover Sheet
Submitted by:

City of Modesto – Police Department
Grant Dollars Requested:
$2,215,217
Date Submitted:

February 9, 2022
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 1 of 12

In 2021, MPD took 76 aggravated assault reports (excluding domestic violence) within the target area. There was a large concentration (hot spot) of aggravated assaults within this area compared to the rest of the city. Crime rates are highest for individuals in their adolescence with the peak of violent crime offending occurring around 17 years of age (FBI, 2016). In 2021, MPD identified suspects in violent crimes as young as 13 with a peak at age 18. It is imperative to reach young adolescents and provide preventive measures prior to this peak in an effort to stop the onset of violent behavior. Multiple factors contribute to childhood offending, but three external factors shown to increase delinquency include poor parenting, negative school experiences, and delinquent peers (Agnew & Brezina, 2012, p 328). Within Stanislaus county, 62.1 per 1,000 children reported having experienced child abuse or neglect while the state average was 52.9 per 1,000 children (kidsdata.org). In addition, 10.2% of 7th graders in Stanislaus County reported feeling either "unsafe" or "very unsafe" at schools #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 2 of 12 (kidsdata.org). Lastly, 5.9 per 1,000 juveniles are arrested locally on a felony charge while the California rate is 3.9 per 1,000 juveniles (kidsdata.org).

Adolescents will be referred into the program with an expectation of serving a minimum of 400 youth and 100 adults per year.

Pre/adolescent children were identified as needing services and programs to prevent violent behaviors by providing positive alternatives to violence (early intervention, mentoring/credible messengers, mental health services, street outreach). We recognize #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 3 of 12 children are often exposed to crimes and/or are victims themselves who have been traumatized. Project SUCCESS will put programs in place to provide for victim needs.

Research has shown that schools with an SRO can have less assaults and weapons brought to school (College of Social Work; James & McCallion, 2013). Project SUCCESS strongly believes that building relationships and trust with law enforcement #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 4 of 12 at an early age, inclusive of families, will be key in lowering the propensity for negative behavior leading up to criminal activity. The SRO will not be in place as a disciplinary figure at the school, but as a positive role model who will implement ongoing in-class and one-on-one programming with the students to create positive interactions.

The second goal of Project SUCCESS is to provide opportunities for early intervention, education, family and mental health services in the target area of SW Modesto. These preventative measures will establish positive pathways for youth in the target area by increasing after school programs, activities, tutoring, and other proven programs effective in improving grades, increasing self-esteem and providing positive alternatives to youth residing in the target area. This objective will be accomplished in a few ways, the first of which is increasing the knowledge of social services agencies, schools, community groups and leaders on group member issues through a series of 40 presentations provided by the BGCSC in the southwest area of Modesto. #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 5 of 12 BGCSC will then implement a comprehensive program aimed at improving grades, increasing self-esteem, and providing positive alternatives for youth residing in the target area. These programs will take place in a new building BGCSC recently acquired, which is located in the target area. Participants will be referred from schools, law enforcement, marketing, and targeted outreach. Youth attendance will be tracked via proxy cards and software with their measurements involving tracking grades, surveys, grade-level advancement, graduation rates, etc. BGCSC requires a parent or assigns a mentor involved in the students’ lives to participate in the program, resulting in thousands of volunteer hours contributed by parents. Boys & Girls Clubs of America, in collaboration with Pennsylvania State University, developed Street SMART to keep youth engaged in risk-prevention activities. It is designed to encourage youth to resist the culture of social cruelty, to stand against bullying, and reject gang violence. The program is based on the understanding that helping youth avoid harm is about more than teaching youth to say “no” to peers, standing up to bullying and avoiding gangs.

Young people must learn to be aware of their own hurtful or controlling behaviors and practice positive ways of resolving differences.

Access to mental health services and other interventions will be another objective of this goal. Project SUCCESS recognizes ongoing diverse outreach strategies are critical to the success of any program. First, to address the unique challenges and barriers of the target area, ECC will utilize a series of targeted outreach strategies and tactics designed to educate, motivate, and encourage all eligible target populations and communities to take advantage of Project SUCCESS programs. In order to provide culturally appropriate messaging saturation, leverage resources, identify gaps, and ensure coordination across the target area and additional stakeholders, ECC will employ a proven collaborative framework across its outreach platform. Strategies include: 1: leveraging relationships and community resources, 2: collaboration with faith-based organizations and networks to support program outreach, 3: leverage existing campaigns and activities to reach the target community to promote Project SUCCESS education and information, 4: develop culturally responsive resource toolkits, 5: use civic engagement outreach tools, 6: develop a communications and media strategy designed to target hard-to-reach populations, 7: identify trusted community messengers as Project SUCCESS Ambassadors. ECC has an integrated and coordinated #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 6 of 12 approach to working with partners and grassroots organizations to address gaps and avoid duplication in reaching low-income, at-risk, hard-to-reach communities while allowing for appropriate messaging saturation.

The third and final goal of Project SUCCESS is to provide for a safer community by reducing crime and the fear of crime in the target area. The promotion of positive interactions with law enforcement and community members is a primary mission for Project SUCCESS. For this particular goal, the first objective is establishing professional relationships and enhancing communication, which are key. One way to do that is to have specific officers who routinely work in the target area with an engagement-first mindset. Officers from MPD’s Crime Reduction Team and the Street Gang Unit will spend 50 hours per month in the target area to engage the community and provide proactive enforcement when needed. Engagement will take many forms from presence in the target area, communicating with established trusted messengers, as well as #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 7 of 12 anyone residing in the target area, to participating in the recreation events and activities outlined in goal number one. These same officers will also assist the SRO with the programs and curriculum provided to the students participating in activities, such as the Junior Cadet Program and the BGCSC after school programs. These efforts will provide a safe space for youth in the target area to build a positive and proactive relationship with the officers serving their community which, in turn, builds trust. Additionally, these officers will be involved in providing presentations to the community on topics such as group member violence, how to stay safe, and how to report criminal activity to the police. Additionally, extra patrols will be provided by these officers to the target area when there is a violent crime in that area, when data shows an increase in crime, or at the request of the community. It is common for people to live in fear after a violent crime has occurred in their community; having known officers will be present after a violent crime has occurred can help the community feel safe and reduce the likelihood of retaliation crimes. The goal is for community members and police officers to have already established a relationship prior to this and ensure that the community is confident that the police will provide the services they need/are requesting. This further assists in building trust and police-community relations as community members will have established relationships with specific officers and therefore have a direct line of communication when reporting suspicious activity.

The second objective for this goal is to provide parole/probation reintegration services to prepare formerly incarcerated men, women and juveniles to reenter the community.

LAO will implement a reintegration program, which will fill a much-needed gap in the Modesto community. LAO recently purchased a home for this type of program and will provide housing, transportation, cultural relations workshops, job training, family reunification and more. LAO already has established a great working relationship with the Stanislaus County Parole Office and will coordinate the Incarcerated Community Reintegration Program (ICRP) as a 12-week curriculum designed to prepare formerly incarcerated men, women, and juveniles to reenter and reintegrate into society as prosocial community members. This will be accomplished by helping returning community members with rides and warm hand-offs from prison to Modesto; housing referrals and short-term housing for some participants, social skills, employment, family #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 8 of 12 reunification, educational advancement, mental health treatment, substance abuse treatment, computer literacy training and self-care. This program will awaken innate empathy for community members, trigger accountability, and help individuals learn to navigate the barriers that may have hindered them in the past, manage and remove stressors of life that cause relapse into criminal behavior and violent patterns by helping navigate life positively in the community. LAO helps stabilize social networks, establishing contacts and connections to resources for employment, healthcare, mental health treatment and family reunification. LAO will refer qualified individuals for applicable services provided by ECC. LAO also partners with Project Rebound, which is a program out of California State University, Stanislaus. This program offers special services and a supportive environment to formerly incarcerated individuals pursuing higher education upon release.

City of Modesto – Police Department (MPD):

The department’s Senior Crime Analyst and an additional Crime Analyst will take lead on overall coordination of grant deliverables and project evaluation in close coordination with the to-be selected project evaluator and an Administrative Office Assistant III who will provide support for collection and retention of data from all partner agencies as required for the project evaluation. An Administrative Analyst II and the Public Safety #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 9 of 12 Business Services Analyst will oversee the financial reporting and documentation for all grants including Project SUCCESS, if awarded. MPD will assign a School Resource Officer (SRO) to Mark Twain Jr. High as a role model vs. disciplinarian and the individual will be selected based on experience with youth/youth programming, ability, communication skills, etc. The Officers and Sergeants from the Crime Reduction Team (CRT) and Street Gang Unit (SGU). The Officers will be selected with the needs of Cultural Diversity Severity and Language Barriers in mind.

City of Modesto – Parks, Recreation and Neighborhoods Department (PRN):

Boys and Girls Club of Stanislaus County (BGCSC):

BGCSC is well-equipped to serve in this capacity as it is an expansion of the work it has been providing Stanislaus County for nine (9) years.

El Concilio California (ECC):

ECC has provided services to families and individuals within the City of Modesto for over 20 years, providing critical services and programs to the marginalized, #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 10 of 12 economically-segregated, under/unserved, at-risk populations and diverse communities of color. Staffing consists of Therapists, Mental Health Outreach Workers, Substance Abuse Counselors, Peer Partners and more. Services consist of an integrated approach with Cognitive Behavioral Therapy; Collective Efficacy; Employment and Job Training; Focused Deterrence; Intensive Case Management; Mental Health Services; Mentoring/Credible Messengers; Street Outreach.

Legacy Alliance Outreach (LAO):

4. Project Evaluation and Monitoring
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 11 of 12 Once awarded the CalVIP grant, we will seek bids from research companies to complete a formal, local evaluation plan for Project SUCCESS. Below are the current Goals and Outcomes we will evaluate for program success.

Program Goals:
 Decrease violent crime in target area and target populations  Improve police-community relationship in target area
 Reduce the fear of crime in target area
 Increase number of youth provided with alternatives to group membership  Increase number of youths educated to resist alcohol/drugs/delinquent peers  Improve mental and emotional health of youth
 Increase youth role models/mentors to help peers resist negative peer pressure  Increase number of youth peer groups with reinforcement for healthy choices  Improve attitude toward learning, improved behavior and grades in schools  Increase the number of youth graduating from high school  Decrease the amount of recidivism in prior incarcerated individuals Program Objectives and Outcome Measures:
 SRO will be implemented in Mark Twain Middle School
 Junior Cadet Program will be developed and implemented  Reach 800 youth annually through hosted community events and programs  Provide Brief Intervention Counseling, Outreach and Engagement  Min. of 60 unduplicated Youth/Transitional Aged Youth services, Year 2 & 3.  Bimonthly Youth Cafes
 Establish Alternatives to Violence (AVP) workshops
 Establish annual 8-12-week parenting courses
 76-140 youth annually in the Youth @ Work Program
 50 hours monthly of increased public contact and patrols in target area  40 presentations about social services agencies, schools, community groups and leaders on group membership (gang) issues.
 4 monthly presentations on mental health services
 80-100 individuals annually going through the reintegration program #14..
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City of Modesto – Police Department CalVIP Proposal Narrative – Project SUCCESS | Page 12 of 12  Percentage of violent crime will decrease in target area  Percentage of positive police-community interactions will increase in target area  Percentage of mental health incidents will decrease at Mark Twain Middle School  Percentage of reoffending by prior incarcerated individuals will decrease  Percentage of the community feeling safer will increase in target area  Percentage of juvenile offender violent crime will decrease in target area All data and survey information in the measured outcomes will be provided to the consultant contracted to complete a local evaluation report for all grant components.

MPD expects to increase services focusing on the target area and target populations to ensure decrease in violent behavior and criminal offending.

To make sure that all participants have great futures, programs must be consistent in the services provided, offering high-yielding activities to help our youth achieve priority outcomes. Retention in the various programs will ensure an increased opportunity for positive outcomes. Outcomes are measured by organizations maintaining the programs as well as the Modesto Police Department. Case management is an integral part, with proper record keeping and documentation to ensure targeted individuals receive appropriate services. All documentation will be collected and assessed on a quarterly basis.
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Bibliography
Agnew, R. and Brezina, T., 2012. Juvenile Delinquency: Causes and Control. 4th ed.

New York: Oxford University Press.

California Department of Finance. 2020. “E-1 Population Estimates for Cities, Counties, and the State — January 1, 2020 and 2021.” Web. 26 January 2022.

College of Social Work, University of Tennessee, 302 Henson Hall, 1618 Cumberland Avenue, Knoxville, TN 37996-3333, United States.

Federal Bureau of Investigation. 2019. “Aggravated Assaults 2019.” Web. 26 January 2022.

Federal Bureau of Investigation. 2016. “Violent Crime 2016.” 26 January 2022.

Kidsdata.org. 2022. Stanislaus County - Kidsdata.org. [online] Available at:
<https://www.kidsdata.org/region/350/stanislauscounty/results#ind=&say=&cat=6,1> [Accessed 26 January 2022]. #14..
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CalVIP Project Work Plan
(1) Goal: Strengthen community-police relationships in the micro-targeted area deemed to be at the highest risk of violence.

Objectives
(A., B., C...):

A. By the end of the grant a School Resource Officer will be in place and engaging daily with elementary and middle school students and will be running a successful Junior Cadet Program.

B. Each year of the grant Parks & Recreation staff and Police Officers and staff will host two (2) Park Play Pop-Up events in the target area.

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. Complete recruitment for School Resource
Officer position and develop internal capacity to
support/manage program

2. Develop a work plan for integrated educational,
social and interactive programming between
Modesto City Schools and the Modesto Police
Department.

3. Assist Parks & Recreation staff with community
outreach events

4. Institute quarterly performance
management/program oversight process to ensure
quality implementation
Modesto Police
Department
Modesto City Schools
Parks, Recreation and
Neighborhoods
Department

1. Year 1, Qtr 1

2. Year 1, Qtr 1

3. Year 1, Qtr 2

4. Year 1, Qtr 1

1. Year 1, Qtr 2

2. Year 1, Qtr 2

3. Year 3, Qtr 4

4. Year3, Qtr 4
(2) Goal: Provide opportunities for early intervention, education, family and mental health services in the target area.

Objectives
(A., B., C...):

A. By the end of the grant have implemented and increased the number of early education programs, mental health services and family services available to the target area.

B. Throughout the life of the grant, resources and tools will be developed and deployed as outreach support to penetrate communication barriers.

C. Trusted community messengers will be sought out and engaged to ensure program success and longevity of community outreach efforts in the target area.

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. Partner with El Concilio and implement their
numerous evidence-based Mental Health outreach
and education programs

2. Partner with Boys & Girls Club and implement
their Street SMARTS program

3. Evaluate the number of referrals and outcomes of
the implemented programs
Modesto Police
Department
El Concilio California
Boys & Girls Club of
Stanislaus

1. Year 1, Qtr 1

2. Year 1, Qtr 1

3. Year 1, Qtr 1

1. Year 3, Qtr 4

2. Year 3, Qtr 4

3. Year 3, Qtr 4
(3) Goal: Provide for a safer community by reducing crime and the fear of crime in the target area.

Objectives
(A., B., C...):

A. By the end of the grant, reduce the number of homicides, gun violence, and aggravated assaults in the target area.

B. Identify and refer at risk youth, families, and crime victims to grant-funded programs and resources C. Provide high-visibility outreach-forward police presence in the target area utilizing proven strategies from the Cure Violence Approach as well as Focused Deterrence in partnership with selected Community Based Organizations.

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. MPD’s Crime Reduction Team and Street Gang
Unit will spend 50 hours a month in the target area
and assist with outreach programs

2. Partner with Legacy Alliance Outreach and
implement their Incarcerated Community
Reintegration Program

3. Track violent crime trends within target area
Modesto Police
Department
Legacy Alliance
Outreach

1. Year 1, Qtr 1

2. Year 1, Qtr 1

3. Year 1, Qtr 1

1. Year 3, Qtr 4

2. Year 3, Qtr 4

3. Year 3, Qtr 4
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7 February 2021
Board of State and Community Corrections
c/o Kara Davis
Senior Crime Intelligence Analyst
Modesto Police Department
Via email: [email protected]
RE: City of Modesto/Police Department Response Proposal to CalVIP Project To Whom It May Concern:

As the President and CEO of El Concilio, one of the largest multi-service nonprofit agencies serving all low income, marginalize and at-risk communities in California’s Central Valley, and on behalf of the agency’s board of directors, this letter reaffirms El Concilio California’s (ECC) agreement to partner with the City of Modesto/Police Department on the proposed California Violence Intervention and Prevention (CalVIP) Grant response as submitted by the City of Modesto/Police Department.

The City of Modesto/Police Department and ECC, together, believe the program outlined within the proposal will effectively accomplish the CalVIP goals and objectives to provide for a safer community. As such, ECC agrees to participate in the CalVIP Program, and provide programs, staff, services, and training, as outlined within the proposal, to provide prevention programs to at risk youth within the Southwest area of Modesto – the identified areas of need in our community.

El Concilio is committed to be an integral part of the CalVIP project. For 54 years, El Concilio California has remained committed to providing the best services possible to the Central Valley and Stanislaus County communities through outreach, education, engagement, intervention, counseling, and referrals.

Serving over 75,000 individuals and families annually, El Concilio looks forward to working with the City of Modesto/Police Department. I wish the City of Modesto/Police Department great success with their proposal and look forward to working with you in the near future.

Should you have any questions, please do not hesitate to contact me at 209-644-2628 or [email protected].

Sincerely,
José R. Rodriguez
President & CEO
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Every Student Matters, Every Moment Counts
Dr. Sara Noguchi
Superintendent
______________________
Board of Education
Adolfo Lopez
President
Chad Brown
Vice President
John Ervin III
Board Member
Abel Maestas
Board Member
Cindy Marks
Board Member
Homero Mejía
Board Member
Charlene G. West, Ph.D.

Board Member
Modesto City Schools
426 Locust Street
Modesto, CA 95351
209.574.1500
www.mcs4kids.com
To: Board of State and Community Corrections
Re: California Violence Intervention & Prevention (CalVIP Grant) Date: January 27, 2022
This letter is being submitted to document that Modesto City Schools agrees to partner on the CalVIP grant proposal being submitted by the Modesto Police Department.

As a part of this grant, Modesto City Schools agrees to improve public health and safety by supporting effective violence reduction initiatives in our community that are disproportionately impacted by violence. We have a direct interest with the grant focusing on early prevention of our elementary and middle school students, and diversion intervention for our older high school student population.

Sincerely,
Tim Zearley
Associate Superintendent, Business Services
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Note: The top table will auto-populate based on the information entered in the sections below.

Grant Funds Match Funds Total
$508,094 $366,157 $874,251
$2,000 $0 $2,000
$0 $0 $0
$158,155 $282,839 $440,994
$1,355,079 $1,565,625 $2,920,704
$0 $0 $0
$155,000 $0 $155,000
$15,000 $0 $15,000
$21,889 $596 $22,485

10. Indirect Costs $0 $0 $0
$2,215,217 $2,215,217 $4,430,434
Required match: 100%: no less than: $2,215,217
Grant Funds Match Funds Total
$463,094 $0 $463,094
$0 $78,817 $78,817
$0 $89,338 $89,338
$0 $22,735 $22,735
$0 $71,438 $71,438
$45,000 $96,705 $141,705
$0 $7,125 $7,125
$508,094 $366,157 $874,251
1b. Salaries and Benefits Narrative:

Grant Funds Match Funds Total
$2,000 $0 $2,000
$2,000 $0 $2,000
The purchase of a dedicated DELL 2-in-1 laptop for the School Resource Officer to be able to perform job functions and stay in contact with partner agencies. 2b. Services and Supplies Narrative:
(Show as either % FTE or Hourly Rate) & Benefits
100% FTE - $339,566 for 3 yrs salary + $123,528 for 3 yrs benefits
25% FTE - $60,083 for 3 yrs salary + $18,733 for 3 yrs
benefits
TOTAL
25% FTE - $72,882 for 3 yrs salary + $16,456 for 3 yrs
benefits
10% FTE - $17,623 for 3 yrs salary + $5,111 for 3 yrs
benefits
2022 California Violence Intervention & Prevention (CalVIP) Grant - Project Budget and Budget Narrative Contract Term: July 1, 2022 - December 31, 2025
Laptop computer for School Resource Officer $2,000 purchase cost based on recent similar purchases Name of Applicant: City of Modesto - Police Department
Budget Line Item
The City of Modesto - Police Department (MPD), in partnership with Modesto City Schools, will implement a School Resource Officer (SRO) who will work full-time at a middle school in the target area, assist with the surrounding elementary schools on a monthly basis, co-host Park Play and other events and activities with partner agencies and develop and implement a Junior Cadet Program. The SRO will work to build relationships and trust with law enforcement at an early age. Additionally, for the co-hosted events and activities, MPD staff will assist with planning, set up, engagement and tear down at each Park Play Pop Up.

Department staff will manage the oversight and coordination of the CalVIP grant as well as the project evaluation. The Lieutenant will provide general operational supervision for the School Resource Officer and the Proactive Patrol/Engagement overtime operations. The Senior Crime Analyst and Crime Analyst will take lead on overall coordination of grant deliverables and project evaluation and the Administrative Office Assistant will provide support for collection and retention of data required for the project evaluation. 4 Officers and 1 Sergeant in a combined effort from the Street Gang Unit and the Crime Reduction Team will deploy to the target area for 10 hours each month with the primary focus of engaging the community to promote positive interactions between law enforcement and community members along with providing proactive enforcement when needed. In addition to being involved in presentations and community events and activities, this team will provide extra patrols in the target area after violent crime has occurred to help the community feel safe and to deter retaliation crimes.

TOTAL
1a. Salaries and Benefits
10% FTE - $53,494 for 3 yrs salary + $17,944 for 3 yrs
benefits
YEAR 1: $72.03/hr x 10 hrs/mo x 4 Officers + $93.92/hr x 10 hrs/mo x 1 Sgt. YEAR 2: $74.19/hr x 10 hrs/mo x 4
Officers + $96.74/hr x 10 hrs/mo x 1 Sgt. YEAR 3: $76.42/hr x 10 hrs/mo x 4 Officers + $99.64/hr x 10 hrs/mo x 1 Sgt.

8. Financial Audit (must not exceed $25,000)
Calculation for Expenditure

1. Salaries and Benefits

2. Services and Supplies

4. Professional Services or Public Agency Subcontracts

5. Non-Governmental Organization (NGO) Subcontracts

3. Health and Wellness (must not exceed 5% of total match funds) Lieutenant (Bob Meredith)
Proactive Patrol/Engagement OT

7. Project Evaluation (must be at least 5%, but no more than 10% of total grant funds) 2 Officers or Detectives at an avg of $74.21/hr x 4 hours per event x 4 events x 3 years

6. Equipment/Fixed Assets

9. Other (Travel, Training, etc.)
TOTAL
Description of Services or Supplies
Officer or Detective (individuals TBD)
Crime Analyst (Carlee Ruiz)
Senior Crime Analyst (Kara Davis)
Administrative Office Assistant (Letitia Waters)
Name and Title
School Resource Officer (individual TBD)
2a. Services and Supplies
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376
Description of Professional Service(s) Grant Funds Match Funds Total $0 $0
$0 $0
3b. Health and Wellness Narrative
Description of Professional Service(s) Grant Funds Match Funds Total $158,155 $147,839 $305,994
$0 $135,000 $135,000
$158,155 $282,839 $440,994
4b. Professional Services Narrative
Grant Funds Match Funds Total
$451,570 $560,464 $1,012,034
City of Modesto Parks, Recreation and Neighborhoods Department will utilize funding to provide expertise, staff support and materials for community and recreation events and activities/opportunities. Programs to be funded include 9 Saturday Sports Fest days where youth participate in sport and interactive games each week; Family Movie Nights at parks located in the target area to bring families, the Police Department and Parks, Recreation and Neighborhoods Staff together to build community and trust; Park Play Pop Up events that include social and emotional learning as well as community and trust building; and Leisure Buck Recreation Scholarships which will remove barriers for low-income families to have youth participate in positive recreation activities which provide positive environments.

Modesto City Schools will provide office space (as in-kind match) for the dedicated School Resource Officer (SRO) at a middle school in the target area during the school year for each year of the grant. This will enable the SRO to be centrally located to the target area and accessible to the youth for which most programs are being targeted.

SALARIES & BENEFITS:Director of Operations: 20%FTE at
$77,500 avg/yr x 3 yrs (50% grant, 50% in-kind match);
Program Director: 20% FTE at $46,500 avg/yr x 3 yrs (50% grant, 50% in-kind match); Site Coordinator: 100% FTE at $36,167 avg/yr x 3 yrs (10% grant, 90% in-kind match);
Youth Development Professionals: 8 part-time hourly at
$15.75/hr x 25 hrs/wk x 48 wks x 3 yrs (50% grant, 50% inkind match); Staff Development & Recruitment: 50% FTE at $46,000 avg/yr x 3 yrs (75% grant, 25% in-kind match);
Facilities Maintenance Specialist: 1 part-time hourly at $16.50/hr x 15 hrs/wk x 48 weeks x 3 yrs (100% in-kind
match). SERVICES & SUPPLIES: Volunteer Processing: 25
volunteers x $100 (100% grant); Utilities for program
building: $7,000/yr x 3 rs (100% grant); Program supplies and materials: $10,000/yr x 3 yrs (100% grant);
Software/hardware & equipment: $20,500/yr x 3 yrs (100% grant); field trip costs: $4,500/yr x 3 yrs (100% grant); Program facility costs: $4,500/month x 11 months x 3 yrs (100% in-kind match). OTHER (TRAVEL/TRAINING): Staff
development: $2,500/yr x 3 yrs (100% grant); BSCC
mandatory training: $800 (100% grant) PROJECT
EVALUATION: Required evaluation of program success:

7.5% of request [in-kind offset] FINANCIAL AUDIT: $5,000 [in-kind offset]
TOTAL
4a. Professional Services
N/A
Calculation for Expenditure
TOTAL (must not exceed 5% of Total Match Funds)
N/A
3a. Health and Wellness (must not exceed 5% of total match funds) Boys and Girls Club of Stanislaus County
Description of Subcontract
Use of facility space for School Resource Officer - $30/sq ft x 150 sq. ft. office = $4,500/mo x 30 months
Calculation for Expenditure
Public Agency subcontract - City of Modesto Parks,
Recreation and Neighborhoods Department
Public Agency subcontract - Modesto City Schools
5a. Non-Governmental Organizations (NGO) Subcontracts
Calculation for Expenditure
Family Movie Nights: 2 per year x 3 yrs. GRANT FUNDS:

4.5 hours of PT Recreation Staff x 2: $424 x 6; 4 hrs of PT Recreation Leaders (4) = $752 x 6; park cleaning = $65 x 6; Advertising = $250 x 6; Movie licensing/rental fee = $500 x6 ; Popcorn = $75 x 6; Hand sanitizer = $25 x 6. IN-KIND
MATCH: 2% of FT Recreation Coordinator = $1,830 x 6;
1% of Customer Service Staff = $695 x 6; Park Rental &
cleaning = $445 x 3 yrs.

Leisure Buck Program: GRANT FUNDS: $200 recreation
scholarship funds x 50 youth per year x 3 years;
Advertising/supplies = $200/yr x 3 yrs. IN-KIND MATCH:
1% of FT Recreation Coordinator = $915/ yr x 3 yrs; 1% of FT Recreation Supervisor = $1,287/yr x 3 yrs; 0.5% of FT Division Manager = $842/yr x 3 yrs; 4% of FT Customer
Service Staff = $5,562/yr x 3 yrs; 50 hours processing and registration = $1,671/yr x 3 yrs.

REACH Pop Up Party: 2 per year x 3 yrs. GRANT FUNDS:

PT Recreation Staff = $14,364x3yrs; FT Recreation Staff OT = $741x3yrs; Blow up rental/climbing wall/slushie
machine= $2,000x3yrs; Supplies & materials= $4,097x3yrs.

IN-KIND MATCH: FT Recreation Staff = $13,046x3yrs;
Green space rental fee: $400x3yrs; Bounce House and
Bunge Run rental fee + transportation: $1,650x3yrs;
REACH Saturday Sport Fest: 6 per year x 3 yrs. GRANT
FUNDS: PT Recreation Staff = $12,097x3yrs; FT
Recreation Staff OT = $741; Supplies & materials =
$4,297x3yrs. IN-KIND MATCH: FT Recreation Staff =
$13,046x3 yrs; Neighbhorhood Center @ Marshall Park
rental fee = $5,364x3yrs
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$514,800 $587,368 $1,102,168
$388,709 $417,793 $806,502
$1,355,079 $1,565,625 $2,920,704
Description of Equipment/Fixed Asset Grant Funds Match Funds Total $0 $0 $0
$0 $0 $0
6b. Equipment/Fixed Assets Narrative
Grant Funds Match Funds Total
$155,000 $0 $155,000
$155,000 $0 $155,000
Boys and Girls Club of Stanislaus County (BGCSC) funding will provide staff, services and training for prevention and mentoring programs to at-risk youth within the target area. the Street SMART program keeps yourh engaged in risk-prevention activities. With this funding, BGSCS plans to increase the knowledge of social services agencies, schools, community groups and leaders on gang issues through a series of presentations in the target area. Additionally, youth will be enrolled in evidence-based programs that provide homework and/or tutoring assistance, participate in high-yield learning activities; youth will also be assigned to case management. The Street SMART program will keep youth engaged in risk-prevention activities to help resist the culture of social cruelty, to stand up to bullying and to reject gang violence.

Legacy Alliance Outreach (LAO) funds will provide staff, services and training to provide new parole/probation reintegration services along with expanding services to parolees residing in the City of Modesto. LAO recently purchased a home for this program and provide housing, transportation, cultural relations workshops, job training, family reunification and more. LAO will locate individuals, mentor them, set boundaries to prevent reincarceration and transport them to their Parole Officer and services. In addition, LAO will coordinate the Incarerated Community Reintegration Program, which is a 12-week curriculum designed to prepare formerly incarcerated men, women and juveniles to reenter and reintegrate into society as prosocial community members.

El Concilio California (ECC) funding will provide outreach, education and engagement as well as mental health outreach and education inlcuding Prevention and Early Intervention (PEI). ECC will leverage relationships and communtiy resources through it's Community Engagement Specialist as well as the Civic Engagement & Leadership Development Team to create and identify trusted messengers, develop and utilize engagement and outreach tools and develop a communications and media strategy designed to reach hard-to-reach community members in the target area. ECC will utilizing funding to offer services related to mental health education, counseling and workforce/job readiness utilizing the Behavioral Health Director to oversee the Youth Group Therapist-Alterantive to Violence Program, Peer Partners and Job Readiness Director. Various therapy modalities are available through the ECC program as well as the Alternative to Violence Program which providees workshops and parenting classes. ECC will provide a workforce/job readiness program to prepare those 16-26 year of age to attain/retain employment.

SALARIES & BENEFITS GRANT FUNDS: Director: $100/hr
x 48 hrs x 4 programs/yr x 3 yrs; Facilitators (4): $30/hr x 4 facilitators x 2.5 hrs/session x 24 sessions x 4 programs/yr x 3 yrs; Clinical Staff: $150/hr x 2 hrs/session x 24 sessions x 4 programs/yr x 3 yrs.

SALARIES & BENEFITS IN-KIND MATCH: Dr. Jackie Forte
(health & wellness/educational support/training and data analysis): $150/hr x 20 hrs/month x 36 months.

SERVICES & SUPPLIES GRANT FUNDS: Program
supplies: $50/person x 20 people x 4 programs/yr x 3 yrs; Food & Beverage: $20/person x 20 people x 24 sessions x 4 programs/yr x 3 yrs; Participant incentives: $500/program x 4 programs/yr x 3 yrs; Housing rent/utilities/operating costs: $2,500/month x 36 months; Emergency Housing:
$500/month x 36 months; Participant stipends:
$1,200/month x 36 months.

SERVICES & SUPPLIES IN-KIND MATCH: Program facility
costs (rent, use, utilities, technology, rennovations,
cleaning); Housing overhead costs (maintenance and
supplies): $75/month x 36 months; Transportation costs for reintegration program needs: 3,760 miles/month x .58/mile x 36 months; Automobile insurance: $260/month x 36
months
PROJECT EVALUATION IN-KIN MATCH: Required
evaluation of project success: 7.5% of request
TOTAL
6a. Equipment/Fixed Assets
Legacy Alliance Outreach
El Concilio California
N/A
5b. Non-Governmental Organizations (NGO) Subcontracts Narrative 7a. Project Evaluation (must be at least 5%, but no more than 10% of total grant funds) Description
Outside technical assistance for implementation, monitoring and evaluation - vendor TBD via RFP TOTAL (must be at least 5%, but no more than 10% of Total Grant Funds) N/A
SALARIES & BENEFITS GRANT: Youth Group Therapist -
AVP: 1 part-time employee at $24,960/yr x 3 yrs; Peer
Partners/Ceilings Unlimited Instructor: 1 part-time employee at $31,460/yr x 3 yrs; Community Engagement Specialist: 1 part-time employee at $20,800/yr x 3 yrs. Benefits as a percentage (25%): $57,915.

SALARIES & BENEFITS IN-KIND MATCH: Behavioral
Health Director: 20% of FTE at $95,680/yr x 3yrs; Job
Readiness Director: 20% of FTE at $74,880/yr x 3 yrs; Civic Engagement & Leadership Development Team: $80,000/yr
x 3 yrs.

SERVICES & SUPPLIES GRANT:

Communications/Phones: $2,548/yr x 3 yrs = $7,644; Office Expenses: $3,000/yr x 3 yrs = $9,000; Program
Costs/Equipment/Incentives: $12,244;
Fingerprinting/Background Check: $423; Agency Audit and Legal Expenses: $5,079; Liability Insurance: $5,052;
Payroll Processing: $1,812; Indirect Costs - 10% method of calculation: $37,981
SERVICES & SUPPLIES IN-KIND MATCH: Rent and
utilities: $75,457
Calculation for Expense
TOTAL
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7b. Project Evaluation Narrative:

Grant Funds Match Funds Total
$15,000 $0 $15,000
$15,000 $0 $15,000
8b. Financial Audit Narrative:

Grant Funds Match Funds Total
$21,096 $21,096
$793 $596 $1,389
$21,889 $596 $22,485
9b. Other (Travel, Training, etc.) Narrative:

Grant Funds Match Funds Total
$0 $0 $0
$50,809
$0 $0 $0
$110,011
$0 $0 $0
10b. Indirect Costs Narrative:

N/A
9a. Other (Travel, Training, etc.)
TOTAL (must not exceed $25,000 in Grant Funds)
8a. Financial Audit (must not exceed $25,000 in Grant Funds) The City of Modesto - Police Department has conducted initial conversations with potential evaluation firms and is utilizing in-house Crime Analyst personnel to ensure the goals and objectives in this proposal are realistic and measurable. In addition, the City of Modesto - Police Department will conduct a formal RFP for project evaluation services and will select the most responsive and responsible organization for evaluation planning, oversight and reporting activities.

Regardless of which option is chosen, if the amount entered in the Grant Funds column turns red, adjust it to not exceed the maximum noted just below it: TOTAL Indirect costs may be charged to grant funds by choosing either Option 1) or 2) listed below:

If using Option 1) grant funds allocated to Indirect Costs may not exceed:

If using Option 2) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs will be charged as 5% of direct total direct project costs (excluding equipment):
1) Indirect costs will be charged as 10% of total direct salaries and wages:

Calculation for Expense
Required Financial Audit - services to be provided by
City's contract vendor (currently Hudson Henderson &
Co - Certified Public Accountants
10a. Indirect Costs
TOTAL
The City of Modesto - Police Department will send 4 people annually from it's Crime Reduction Team (CRT) to attend the annual National Gang Violence Conference put on by the California Gang Investigators Assocation - the session(s) on community building and the education on gangs will be beneficial to the CRT as they work to build relationships with the target population.

There are three mandatory CalVIP meetings, two related to project evaluation and one grantee orientation, as Sacramento is close to Modesto, there will not be a need for overnight accommodations, just per diem and potentially mieage for those without a take home vehicle.

Per Diem: $39.75/day x 3 days x 5 ppl = $596
Mileage: 0.585/mile x 75 miles x 6 trips x 3 ppl = $793 An organization independent from the applicant will perform the required financial audit. Currently, the City of Modesto's auditor is Hudson Henderson & Co - Certified Public Accountants and they have provided an estimate for this work. However, the agreement with this firm is set to expire in 2023, the City will engage in a formal procurement process to select a sucessor auditor. This selected auditor will conduct a financial audit of the BCSS CalVIP project financials to ensure compliance with local, State, and Federal laws as required by the BSCC. The audit will cover the service delivery period of the grant - July 1. 2022-June 30, 2025 with the audit report being submitted no later than December 31, 2025.

Year 3: Auditor flat fee: $15,000
Description
Gang Conferences - 4 people per year
CalVIP Mandatory meetings - Sacramento, CA
Calculation for Expense
Registration Fee: $425/person; Meals: $333/person;
Lodging: $1,000/person. $1,758/person x 4 ppl x 3 yrs
Description
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APPENDIX A: CalVIP EXECUTIVE STEERING COMMITTEE ROSTER
CalVIP Executive Steering Committee - 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 Palm Springs & Board Member, BSCC Palm Springs
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 Prevent 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
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APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC 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 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 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.)
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Provide your agency name and in the table list information for all contracted parties.

Grantee:

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 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 NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Modesto Forward Strategy – Revised Spending Plan for Phase 1 ARPA funding allocated to Parks, Recreation and Neighborhoods Department Projects CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance; amending the Fiscal Year 22/23 Capital Improvement Program and Non-Capital project budgets to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements. (Funding Source: American Rescue Plan Act Funding) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In April 2021, President Biden signed into law the American Rescue Plan Act (ARPA) a $1.9 trillion emergency relief measure intended to address the economic hardships and negative impacts caused by the COVID-19 pandemic. The bill provides $45,897,056 available to the City of Modesto to help address the local impact of COVID-19. On May 25, 2021, by Resolution 2021-194, Council approved the Pandemic Recovery Strategy, Modesto Forward, and the associated spending plan for the first allocation of ARPA funding. Funding for Park Improvements were allocated in the Modesto Forward plan in two separate key areas of focus as outlined below:
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Key Area of Focus Amount of Funding Allocated
Economic Vitality
Support for The Awesome Spot Playground $500,000
Tuolumne River – Economic Development Strategy $750,000 Governance and Service Delivery
Park Deferred Maintenance $1,270,028
Total Phase 1 ARPA Funds Allocated to Park
Improvements
$2,520,028
The Treasury Department has periodically released guidance on the eligibility of funds, and released their Final Rule for the use of ARPA funds in January 2022. A summary of the allowable uses is below:

1. Public Health Response
a. Coronavirus State and Local Fiscal Recovery Funds provide resources to support the public health and safety response required due to the pandemic. Additionally, these funds can support services that address disparities in public health that have been exacerbated by the pandemic. The City is able to use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources.

2. Address Negative Economic Impacts
a. To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include:
i. Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn.
ii. Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend. Similarly impacted sectors within a local area are also eligible for support

3. Supporting the Hardest-Hit Communities and Families
a. Support with investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity;
b. Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services like tutoring or afterschool programs as well as services to address social, emotional, and mental health needs.
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4. Replacing Lost Public Sector Revenue
a. Recipients may use these funds to replace lost revenue. The Treasury’s Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Alternatively, recipients may choose to take a standard allowance of $10 million in Revenue Replacement over the life of the program to be used on governmental services, rather than utilize the revenue loss formula for their amount of eligible funds. Because of the flexibility that using the standard allowance of $10 million offers the organization, the City of Modesto is opting to use the standard allowed rather than the revenue loss formula to help promote the ability of the organization to maximize the reach of the funds.

5. Investments in Water and Sewer Infrastructure
a. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change. Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines.

6. Investments in Broadband Infrastructure
a. Recognizing the acute need in certain communities, Treasury’s Final Rule provides that investments in broadband be made in areas that are currently unserved or underserved—in other words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3 Mbps upload.

DISCUSSION:

Based on the Final Rule released by the Treasury Department in January 2022 the Parks, Recreation and Neighborhoods Department has evaluated the previously allocated funding and prepared a revised spending plan. The detailed revised spending plan for ARPA Phase 1 funding in parks is attached to this agenda report. In addition, in an effort to ensure compliance with the Final Rule the revised ARPA Phase 1 Spending Plan outlines the estimated timeline for completion of each park improvement project and indicates that all funding should be spent well before the expenditure deadline for the funding.

The Awesome Spot Playground was originally intended to be funded through an agreement with Valley Mountain Regional Center, the non-profit fiscal agent for The Awesome Spot Playground.

However, since that time, discussion with The Awesome Spot Playground Team has resulted in a recommendation that the best use of the funding will be to place it in Capital Improvement Project (CIP) 100984 (The Awesome Spot Playground) to allow the City to purchase playground equipment and other materials for the project.

The chart below provides a summary of the detailed revised spending plan by the new ARPA funding category:
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ARPA Funding Spending Category Amount of Funding Allocated Public Health Response $210,000
Address Negative Economic Impacts $1,075,000
Investments in Water and Sewer Infrastructure $325,000
General ARPA Funding $910,028
Total ARPA Funds Allocated to Park Improvements $2,520,028 FISCAL IMPACT:

Council approval of this item would allow for the expenditure of $2,520,028 of American Rescue Plan funds for park improvements. The Fiscal Year 2022/23 Capital Improvement Program (CIP) and Non-Capital project budgets will need to be amended to fund the projects as outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Safety and Communities Committee on June 13, 2022, and recommended this item be forwarded to Council for approval with the condition that the vegetation management component not result in homeless individuals being impacted or removed.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward Strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance.

Resolution amending the Fiscal Year 2022/2023 Capital Improvement Program and Non-Capital project budgets in the amount of $2,520,028 to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements and authorizing the City Manager, or his designee to take the necessary steps to implement the provisions of this resolution.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – ARPA

2. Resolution - Budget

3. ARPA Phase 1 Spending Plan for Park Improvements
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07/12/2022/PRN/NHoux 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE PARKS, RECREATION AND NEIGHBORHOODS REVISED SPENDING PLAN IN ACCORDANCE WITH THE 2021 MODESTO

FORWARD STRATEGY FOR THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNTS OF $500,000 FOR THE AWESOME SPOT PLAYGROUND, $750,000 FOR THE TUOLUMNE RIVER – ECONOMIC DEVELOPMENT STRATEGY, AND $1,270,028 FOR PARK DEFERRED MAINTENANCE
WHEREAS, in April 2021, President Biden signed into law the American Rescue Plan Act (ARPA) a $1.9 trillion emergency relief measure intended to address the economic hardships and negative impacts caused by the COVID-19 pandemic; and
WHEREAS, the bill provides $45,897,056 available to the City of Modesto to help address the local impact of COVID-19; and
WHEREAS, on May 25, 2021, by Resolution 2021-194, Council approved the Pandemic Recovery Strategy, Modesto Forward, and the associated spending plan for the first allocation of ARPA funding; and
WHEREAS, funding for Park Improvements were allocated in the Modesto Forward plan in two separate key areas of focus: Economic Vitality and Governance and Service Delivery; and
WHEREAS, the Treasury Department has periodically released guidance on the eligibility of funds, and released their Final Rule for the use of ARPA funds in January 2022; and WHEREAS, based on the Final Rule released by the Treasury Department in January 2022 the Parks, Recreation and Neighborhoods Department has evaluated the previously allocated funding and prepared a revised spending plan; and WHEREAS, a revised spending plan for ARPA Phase 1 funding in parks detailing which category of ARPA funding each project qualifies for, is attached to this resolution, Attachment A; and
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WHEREAS, in an effort to ensure compliance with the Final Rule the revised ARPA Phase 1 Spending Plan outlines the estimated timeline for completion of each park improvement project and indicates that all funding should be spent well before the expenditure deadline for the funding; and
WHEREAS, The Awesome Spot Playground was originally intended to be funded through an agreement with Valley Mountain Regional Center, the non-profit fiscal agent for The Awesome Spot Playground, but will now be funded through the Capital Improvement Project (CIP) #100984 to allow the City to purchase playground equipment and other materials for the project; and
WHEREAS, the following chart provides a summary of the detailed revised spending plan by the new ARPA funding category; and
ARPA Funding Spending Category Amount of Funding
Allocated
Public Health Response $210,000
Address Negative Economic Impacts $1,075,000
Investments in Water and Sewer Infrastructure $325,000
General ARPA Funding $910,028
Total ARPA Funds Allocated to Park Improvements $2,520,028 WHEREAS, this item was considered by the Safety and Communities Committee on Monday, June 13, 2022; and
WHEREAS, the Committee recommended forwarding the item to Council for approval with the condition that the vegetation management component will not result in homeless individuals being impacted or removed.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward strategy for the use of American Rescue Plan Act (ARPA) funds #15..
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in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance.

NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Council of the City of Modesto that it hereby authorizes the City Manager to carry out the necessary steps to implement the strategy and revised spending plan.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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:

DIANA NAYARES-PEREZ, CMC,
City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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Attachment A:

American Rescue Plan Act (ARPA) Phase 1 Spending Plan for Park Improvements #15..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022/2023 CAPITAL

IMPROVEMENT PROGRAM AND NON-CAPITAL PROJECT BUDGETS IN THE AMOUNT OF $2,520,028 TO FUND THE PROJECTS OUTLINED IN THE ATTACHED ARPA PHASE 1 SPENDING PLAN FOR PARK IMPROVEMENTS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE THE

NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION WHEREAS, in April 2021, President Biden signed into law the American Rescue Plan Act (ARPA) a $1.9 trillion emergency relief measure intended to address the economic hardships and negative impacts caused by the COVID-19 pandemic; and
WHEREAS, the bill provides $45,897,056 available to the City of Modesto to help address the local impact of COVID-19; and
WHEREAS, on May 25, 2021, by Resolution 2021-194, Council approved the Pandemic Recovery Strategy, Modesto Forward, and the associated spending plan for the first allocation of ARPA funding; and
WHEREAS, funding for Park Improvements were allocated in the Modesto Forward plan in two separate key areas of focus: Economic Vitality and Governance and Service Delivery; and
WHEREAS, the Treasury Department has periodically released guidance on the eligibility of funds, and released their Final Rule for the use of ARPA funds in January 2022; and WHEREAS, based on the Final Rule released by the Treasury Department in January 2022 the Parks, Recreation and Neighborhoods Department has evaluated the previously allocated funding and prepared a revised spending plan; and WHEREAS, detailed revised spending plan for ARPA Phase 1 funding in parks is attached to this resolution, Attachment A; and
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WHEREAS, a budget adjustment is needed in the amount of $2,520,028 to fund all projects within Attachment A; and
WHEREAS, the City Council shall consider amending the Capital Improvement Program and Non-Capital project budget to establish the revenue and expenses in the amount of $2,520,028 to fully fund the projects within Attachment A.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby amends the Fiscal Year 2022/2023 Capital Improvement Program and Non-Capital project budgets in the amount of $2,520,028 to fund the projects outlined in the attached ARPA Phase 1 spending plan for park improvements.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANA NAYARES-PEREZ, CMC,
City Clerk
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APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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Attachment A:

American Rescue Plan Act (ARPA) Phase 1 Spending Plan for Park Improvements #15..
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REVISED ARPA State and Local Fiscal Recovery Funds (SLFRF) Phase 1 Spending Plan for Park Improvements Item # Park Improvement Description Cost
Timeline for
Completion ARPA Funding Category
1 Downey Park Parking Lot Repaving at Downey Park
(approximately 32,000 SF parking area) $250,000 Fall 2023 General ARPA Funds 2 Modesto Centre Plaza Replace Pump at MCP Fountain $75,000 Fall 2022 General ARPA Funds 3 Various Parks
Turf Reductions of about 8.5 Acres at 7 General
Fund Parks (Chrysler-0.7 AC, Creekwood-0.45
AC, Mark Twain-2.25 AC, Moran Estates-0.33
AC, Orchard-2.05 AC, Sharp-0.9 AC, E. La Loma1.7 AC) (Results in a $22k annual savings of water)
$225,000 Fall 2023

5. Infrastructure - Clean Water: Water
Conservation (EC 5.8) - Using less potable
water for landscape irrigation
4 Garrison Park Renovate Potable Well for Irrigation Use (Results in a $12k annual savings of water) $50,000 Spring 2023

5. Infrastructure - Clean Water: Water
Conservation (EC 5.8) - Using less potable
water for landscape irrigation
5 Roosevelt Park Renovate Potable Well for Irrigation Use (Results in a $14k annual savings of water) $50,000 Spring 2023

5. Infrastructure - Clean Water: Water
Conservation (EC 5.8) - Using less potable
water for landscape irrigation
6 Dryden & Creekside Golf
Course
Touchless Fixtures at On-Course Restrooms
(Creekside and Dryden) and Creekside
Clubhouse. Automatic Doors at Creekside
Clubhouse.
$50,000 Fall 2022

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
7 Dryden & Creekside Golf
Course
On Course Repairs to Restrooms at Dryden and
Creekside Golf Course and Repairs at Creekside
Clubhouse. Potential Irrigation Well
Improvements at Dryden Golf Course.
$120,000 Spring 2023 General ARPA Funds
8 Various Buildings
Building Facility Upgrades - Touchless Fixtures
at Modesto Centre Plaza, McHenry Mansion,
McHenry Museum, Neighborhood Center at
Marshall Park, Airport Neighborhood Center,
American Legion Hall, Boyscout Clubhouse,
King-Kennedy Memorial Center, Maddux Youth
Center and Senior Citizens Center. These items
are complete and funding is spent.
$46,095 Completed

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
9 Maddux Youth Center Building Facility Upgrades - Automatic Doors for ADA access at Maddux Youth Center. $31,500 Spring 2023

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
10 Modesto Centre Plaza Building Facility Upgrades - Automatic Doors for ADA access at Modesto Centre Plaza. $55,000 Spring 2023

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
11 Neighborhood Center at
Marshall Park
Building Facility Upgrades - Automatic Doors
for ADA access at Neighborhood Center at
Marshall Park.
$17,405 Spring 2023

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
12 Mary Grogan Community
Park
Building Facility Upgrades - Touchless Fixtures
at Restrooms
$10,000 Fall 2022

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
13 Modesto Centre Plaza Building Facility Upgrades - New Elevator Panels $5,000 Summer 2022 General ARPA Funds
14 Various Parks
Park Security Cameras at up to 5 Parks. Install
MPD monitored Park Cameras with 4 way
cameras and talk back feature.
$110,000 Spring 2023 General ARPA Funds
15 Various Tree Evaluation/Pruning/Removal at Various
Parks due to Safety Issues $75,000 Fall 2022 General ARPA Funds 16 Graceada Park
New fence around the pool including new
entry gates to address safety issues due to
deteriorating fencing. Approximately 320 LF of
fencing.
$100,028 Summer 2023 General ARPA Funds
Subtotal $1,270,028
Address deferred maintenance at various parks and public facilities including ways to reduce water use ($1,270,028 Total) #15..
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17 TRRP
TRRP Master Plan Update / Economic
Development Strategy Plan $175,000 Summer 2023 General ARPA Funds 18 TRRP - Legion Park Area Vegetation Management in TRRP Legion Park Area
$105,000 Fall 2022

2. Negative Economic Impacts -Strong
Healthy Communities: Demolition and
Rehabilitation of
Properties (EC 2.23) - Backlogged
Maintenance to a Park in a Qualified
Census Tract
19 TRRP - Throughout 10 Park Security Cameras in TRRP $120,000 Spring 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to a Park in a Qualified
Census Tract
20 TRRP - Legion Hall
American Legion Hall Parking Lot Replacement
(approximately 40,000 SF parking area) and
Outdoor Improvements
$350,000 Fall 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to a Park in a Qualified
Census Tract
Subtotal $750,000
21 Beyer Park Support for The Awesome Spot Playground $500,000 Fall 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to construct a playground for
a portion of the community
disproportionally impacted by the
pandemic
Subtotal $500,000
ARPA Phase 1 Projects Total $2,520,028
Tuolumne River - Economic Development Strategy intended to help improve the vitality of the River ($750,000 Total) Support for Community Amenities including The Awesome Spot Playground ($500,000 Total) #15..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 17, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Gallo Center for the Arts, City Lot 25 Parking Agreement CONTACT: Patrick Crowley, Facility Manager/Building Administration, [email protected], 209-402-6812
DESCRIPTION:

Consider approving an agreement with Gallo Center for the Arts for a two-year term, retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis. (Funding Source: Parking Services Enterprise Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiative:

Economic Vitality “retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation”; Goal G:” Make downtown Modesto a regional destination”.

BACKGROUND:

The Gallo Center for the Arts (Gallo Center) is located in the downtown core of Modesto. In the past, in order to support parking for their employees, the Gallo Center had negotiated a subagreement with American Specialty Healthcare (ASH) to use 25 parking permits during day use, and an additional five permits for evening use in the City Parking Lot #25, located at the corner of 9th and I streets. At that time, ASH had an approved parking agreement with the City of Modesto for parking permits associated with the use of the City’s Lot # 25 to support their business and employees.

On October 6, 2021, the ASH Parking Agreement, entered into on February 28, 2017, and executed on October 4, 2017, was terminated pursuant to Sections 8(c) and 8(d) of the Parking Agreement, which had anticipated 150 downtown jobs and associated parking needs.

Unfortunately, ASH was unable to meet the terms of the agreement, which resulted in the #16..
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City Council, July 12, 2022
Gallo Center for the Arts, City Lot 25 Parking Agreement

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termination of the ASH sublease to Gallo Center. Subsequently, all parking permits reverted back to the City of Modesto and ASH was no longer authorized to use Lot 25.

DISCUSSION:

Due to the reversion of the parking permits associated with Lot # 25, the City and Gallo Center management met on June 14, 2022 to discuss ongoing employee parking for the non-profit organization. The use of the City’s Lot # 25, to accommodate on a first come first serve basis 35 parking permits, was proposed with a not to exceed number of 40 parking permits at a rate of $50 each, per month. Furthermore, it is recommended that any new addition or substantive changes to the number of parking permits may be authorized by the City Manager or his designee. This proposal is recommended as a two-year agreement. Furthermore, the rate offered in the agreement matches the Council approved employee discount for transit bus drivers per Resolution 2018-557 that established a rate of $50 per month.

The agreement will include the following requirements:

1. Duration will be for two-years from date of execution

2. Permits will be annual permits paid on a quarterly basis by Gallo Center

3. Monthly Parking Permit rates will be set at a rate of $50 per month, a discount of $30 per month from the current Council-approved set rate of $80

4. Up to 40 permits may be issued each year

5. Parking spaces are not reserved or guaranteed
The Director of Public Works, authorized under Modesto Municipal Code Title 3, Article17, Section 3-2.1701 temporary use of off-street parking spaces, has exercised his authority to initiate the temporary approval of parking permits for the month of July, 2022. Final long-term use of the discounted parking permits issued to Gallo Center employees is pending formal Council approval. If approved, the agreement will align with the City’s fiscal year period, beginning July 1, 2022.

FISCAL IMPACT:

The following summarizes the fiscal impact to the Parking Fund:

1. Revenue generated through this agreement is anticipated to be up to $24,000 annually; whereas, the previous agreement subleased from ASH produced no revenue to the City.

This assumes a maximum of 40 permits are purchased for the duration of the 2-year period.

The annual parking permits, to be displayed on the dashboards of the employee’s vehicles, is covered through the Parking Services Enterprise Fund which is consistent with monthly permit holders.

The duration of this agreement will have minimal impact on the Parking Services Enterprise Fund and will generate guaranteed revenue by the Gallo Center’s employees utilizing the surface parking lot that was not previously received under the ASH agreement.

DESCRIPTION COST
Anticipated revenue generated for the 2-year term is
up to: $48,000
Program Total Est. $48,000
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City Council, July 12, 2022
Gallo Center for the Arts, City Lot 25 Parking Agreement

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

Given the timing of the agreement and required approval to align with the City’s fiscal year period, this item was not heard by a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an agreement with Gallo Center for the Arts for a two-year term retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis, 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. Agreement for discounted employee parking, Gallo Center for the Arts

3. American Specialty Healthcare Agreement

4. ASH Termination Letter, dated October 6, 2021

5. Gallo Center Letter, dated March 28, 2022

6. Gallo Center Letter, dated May 10, 2022
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AN AGREEMENT WITH GALLO CENTER FOR THE ARTS FOR A TWO-YEAR TERM RETROACTIVE TO JULY 1, 2022 THROUGH JUNE 30, 2024 FOR DISCOUNTED EMPLOYEE PARKING IN LOT 25 WITH ANNUAL PARKING PERMITS TO BE PAID ON A QUARTERLY

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

EXECUTE THE AGREEMENT
WHEREAS, the Gallo Center for the Arts is located in the downtown core of Modesto.

The Gallo Center for the Arts is operated by the non-profit organization Gallo Center. Gallo Center employs stagehands, customer service representatives, management and several others that keep the acquisition of performance shows, set-ups and teardowns for public shows; and WHEREAS, Gallo Center employees have previously had access to surface parking lot # 25 under a previous agreement with American Specialty Healthcare (ASH); and WHEREAS, the agreement with ASH terminated on October 6, 2022; and WHEREAS, Gallo Center and City of Modesto discussed a direct agreement for discounted employee parking in surface Lot # 25; and
WHEREAS, there will be 35 permits issued covering July 1, 2022 through June 30, 2023; and
WHEREAS, there will be at least 35 permits issued covering July 1, 2023 through June 30, 2024, not to exceed 40 parking permits at a rate of $50, any new additions or substantive changes to amount of parking permits may be authorized by the City Manager or his designee; and
WHEREAS, this discount will provide parking for the non-profit employees. It will also further enhance the partnership between the City and Gallo Center for the Arts; and WHEREAS, Gallo Center will pay for the parking permits on a quarterly basis. #16..
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2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a $50 monthly rate for Gallo Center for the Arts, a 501 (c)(3) Non-Profit Organization to purchase annual parking lot passes for Lot # 25.

BE IT FURTHER RESOLVED that the discount will be limited to a two year agreement from July 1, 2022 through June 30, 2024, and will be specific to the Lot # 25 surface parking lot located on the corner of 9th and I streets, and shall not extend to other lots or parking garages; that to obtain the discounted annual pass, the Gallo Center must acquire the permits from City of Modesto Finance Department; that no more than 40 permits will be issued annually unless otherwise authorized by the City Manager; and that parking spaces will not be reserved or guaranteed.

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. #16..
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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: Council members:

Noes: Council members:

Absent: Council members
ATTEST: _________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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AGREEMENT FOR DISCOUNTED EMPLOYEE PARKING

GALLO CENTER FOR THE ARTS
(Lot 25, corner of 9th and I Streets, Modesto, California) This AGREEMENT (“Agreement”), dated _______________ , 2022 for reference purposes, is by and between the City of Modesto, a municipal corporation, hereinafter referred to as “Modesto”, and the Gallo Center for the Arts, a 501(c)(3) non-profit organization, hereinafter referred to as “Gallo Center.” The Effective Date of this Agreement shall be retroactive to July 1, 2022.

Recitals
A. WHEREAS, Modesto manages public parking facilities commonly referred to as Parking Services; and
B. WHEREAS, Modesto owns the real property commonly referred to as Off-Street Parking Lot No. 25 (“Lot 25”) located on the corner of 9th and I Streets, Modesto, California 95354 and utilizes Parking Services Enterprise (“Parking Fund”) funds for operation and maintenance of the parking facilities; and
C. WHEREAS, Gallo Center and Modesto desire to enter into this Agreement whereby Gallo Center, requests to purchase discounted employee annual parking permits as set forth in this Agreement; and
D. WHEREAS, operation and maintenance of the off-street parking lot is funded in part by pay-by-space user fees; and
E. WHEREAS, Modesto and the Gallo Center have entered into a temporary use agreement, for the month of July, 2022 herewith, whereby Gallo Center will purchase discounted employee parking permits for Lot 25 from Modesto; and
F. WHEREAS, Modesto, as the lessor, will retain control over the property and the site will continue to be used for its authorized and intended purpose of an off-street parking; and G. WHEREAS, Modesto and Gallo Center desire to enter into an agreement for discounted employee parking on the terms and conditions contained herein.

Agreement
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, Modesto and the Gallo Center do hereby agree as follows:

Section 1. Discounted Employee Parking Permits. Gallo Center shall purchase the discounted employee parking permits with the terms and conditions set forth in Exhibit “A” (“Use of Permits”).
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Section 2. Term. The Term of this Agreement shall be for two (2) years commencing on July 1, 2022 (the “Commencement Date”) and expires on June 30, 2024 (the “Term”) unless this Agreement is sooner terminated as provided herein.

Section 3. Method of Payment.

3.1. Annual Permits. Each quarter, Gallo Center shall submit payment to Modesto Finance Department for the next quarter’s use of the off-street parking. Any and all Gallo Center funds received by Modesto for the use of the parking shall be deposited into the Parking Services Enterprise Fund to pay in-part for the operation and maintenance of the parking facilities.

3.2. Termination of Agreement. If this Agreement is terminated by either party, Gallo Center and Modesto shall mutually agree on when the parking lot shall return to pay-per-space by the employees. Once all Gallo Center paid time have been used, this Agreement shall terminate and Authority shall have no further liability or obligation to Modesto.

3.3. Invoices. Gallo Center shall make payment to Modesto within thirty-five (35) calendar days of receipt of an invoice. Payment shall be based on the monthly cost aggregated to a quarterly total. All invoices shall be submitted not more than once a quarter, and shall be made in writing and delivered, mailed, or emailed to Gallo Center as follows:

Gallo Center for the Arts
1000 I Street
Modesto, CA 95354
Email: [email protected]
Attention: Dan Roberts
Section 4. Termination.

4.1. Either party may terminate this Agreement in whole or in part at any time prior to completion of the use of permits specified in Exhibit “A” upon thirty (30) calendar days written notice to the other party. Upon receipt of written notice of such termination, the parties shall comply with the provisions of Section 3.3.

4.2. This Agreement shall terminate automatically upon the bankruptcy or insolvency of either party.

Section 5. Joint Venture. It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of a joint venture, co-partner or co-venturer between the parties or as constituting Gallo Center as an agent or representative of Modesto.
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Section 6. Indemnification.

6.1. Gallo Center’s Indemnification of Modesto. Gallo Center shall hold Modesto, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney’s fees, and all costs and expense, arising directly or indirectly out of any act or omission of Gallo Center, whether or not the act or omission arises from the negligence or other liability of Modesto, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Section 7. Assignment of Agreement. Gallo Center shall not assign this Agreement, or any part thereof, without prior written consent of Modesto.

Section 8. Laws and Regulations. Gallo Center shall comply with any and all laws, statutes, ordinances, rules, regulations, and procedural requirements of the Federal, State or local government, and any agency of such government which relate to or in any manner affect the performance of this Agreement.

Section 9. Notices. Any notice, communication, amendments, additions, or deletions to this Agreement including change of address of either party during the term of this Agreement which Modesto or Gallo Center shall be required or may desire to make, shall be in writing and may be personally served, mailed by prepaid, certified or registered mail or overnight courier, or transmitted by facsimile or electronic mail transmission, to the respective parties as follows:

To Modesto:

City of Modesto
1010 10th St
Modesto, CA 95354
Email: [email protected]
Attention: City Manager
To Gallo Center:

Gallo Center
1000 I Street
Modesto, CA 95354
Email: [email protected]
Attention: Dan Roberts
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Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) business day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, provided that the sender has received a confirmation of such fax or electronic transmission.

Section 10. Force Majeure. The time for performance of an obligation other than the payment of compensation under this Agreement will be extended for the period during which a party is prevented from performing by acts of God, government actions, fire or other casualty, or other force or event beyond the reasonable control of that party including, but not limited to, governmental restrictions, laws, regulation, controls, requirements decrees, mandates or order requiring individuals to “shelter in place,” “stay at home” or otherwise quarantine, or requiring businesses to close or be limited in operations.

Section 11. Waiver. Waiver of any default by either party to this Agreement shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless modified pursuant to the terms of this Agreement.

Section 12. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State, or local statutes, ordinances, or regulations the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

Section 13. Amendment. This Agreement, including any exhibits hereto, shall not be amended, except in writing signed by the parties. Any amendment or addendum to this Agreement shall expressly refer to this Agreement.

Section 14. Entire Agreement. This Agreement, with its exhibits, contains the sole and only agreement of the parties. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.

Section 15. Governing Law. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California.

Section 16. Venue/Jurisdiction. Venue for any action brought by either party to this Agreement against the other to enforce the terms and conditions thereof shall be maintained in Stanislaus County, California, in the proper court having jurisdiction. Each party irrevocably consents to the jurisdiction of each such court.

Section 17. No Third-Party Benefit. This Agreement is a contract between Modesto and Gallo Center and nothing herein is intended to create any third-party benefit. #16..
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Section 18. Number and Gender. All words used herein in the singular number shall include the plural and the present tense shall include the future and the masculine gender shall include the feminine and neutral.

Section 19. Construction. The language of each and all paragraphs, terms, and/or provisions of this Agreement shall, in all cases and for any and all purposes, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity of status of any person or persons who drafted all or a portion of this Agreement.

Section 20. Counterparts and Electronic Signatures.

20.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

20.2. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. *** Signatures contained on next page ***
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EXHIBIT “A”

USE OF PERMITS
Gallo Center shall obtain Parking Permits from Modesto for use of parking facility located on the corner of 9th and I Streets, referenced as LOT 25.

I. Annual Parking Permit: Modesto shall make available for purchase 35 parking permits and invoice Gallo Center monthly as set forth in this section.

A. Fiscal Year 2022-2023 (01 July 2022 through 30 June 2023)

1. 35 permits numbered 1001 through 1035

2. Employees will need to display permits on dashboard of vehicle

3. Parking space is not reserved

4. Parking space is not guaranteed, first-come first-served

5. Parking is at the risk of the user, Modesto does not take responsibility of fire, theft, vehicle damage or any article therein
B. Fiscal Year 2023-2024 (01 July 2023 through 30 June 2024)

1. 35 permits numbered 1031 through 1065

2. Employees will need to display permits on dashboard of vehicle

3. Parking space is not reserved

4. Parking space is not guaranteed, first-come first-served

5. Parking is at the risk of the user, Modesto does not take responsibility of fire, theft, vehicle damage or any article therein
C. Financials

1. The permit is for a single vehicle per permit and costs are:
i. Discounted employee parking permit: $600/year or $50/month per permit; ii. July 2022 will be available from City of Modesto Finance, 1010 10th Street, Suite 2100, Modesto, CA 95354, $1,750 will be due upon pick-up for the initial month
iii. Quarterly payments will be invoiced to Gallo Center

1. August 2022 and September 2022 will be invoiced to complete first quarter payment for a total of $3,500

2. Gallo Center employee discounted parking: $21,000/year, billed to Gallo Center quarterly at $5,250/quarter.
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PARKING AGREEMENT
THIS PARKING AGREEMENT (hereinafter referred to as "Agreement") is entered into this ~ day ~ 2017, by and between the CITY OF MODESTO, a municipal corporation of the State of&lJornia, {the "City") and American Specialty Healthcare, Inc. a Delaware corporation ("ASH").

Recitals
A. American Specialty Healthcare, Inc ("ASH"), located at 730 17th Street, Modesto was formed in July 2015 to expand healthcare services in the Modesto area. Their efforts have also assisted in revitalizing the downtown area around 17th and H Streets. ASH is the parent company for Central Valley Specialty Hospital, a 100-bed long-term acute care facility that opened in 2013 in downtown Modesto at 17th and H Streets. Central Valley Specialty Hospital has approximately eighty (80) employees. ASH also purchased the Medical Arts Building at 17th and G Streets from Stanislaus County in 2015 and renovated it for use as physicians' offices. Progressive Horne Health and Hospice was launched in 2016 at 1619 H Street to provide outpatient home health and hospice services. American Specialty's investment in Modesto continued in 2016 with the purchase of a 70-bed nursing home and a 62-bed site expansion to operate as Valley Subacute and Rehabilitation Center at 515 E. Orangeburg Avenue. American Specialty Healthcare has purchased a downtown building located at 948 11 lh Street to establish a corporate headquarters. This new corporate office will house approximately 181 employees. Eighty (80) positions will be transferred from other locations, and 100 will be new positions. American Specialty has expressed concern over the cost of parking for these employees, and indicated that they cannot justify locating downtown unless parking spaces were made available.

B. On February 28, 2017, the City Council approved the basic terms of for a proposed downtown parking agreement with American Specialty Healthcare, authorizing staff to prepare a parking agreement consistent with City Council Resolution 2017-85 and Council direction, and authorizing the City Manager to execute the agreement in a form approved by the City Attorney.

C. The City has determined that this parking agreement will advance the City's goals of promoting new and expanding businesses through targeted incentives is a strategic economic objective to enhance the City's revenue base.

D. Pursuant to the further terms and provisions of this Agreement, the parties agree that for a five year period, with an option to extend for an additional five years, American Specialty Healthcare will agree to retain 150 jobs at its downtown corporate headquarters location, and provide the City with an annual written report of the number of jobs and annual salary rate of the jobs retained at this location. In exchange, ASH shall be provided at no charge parking for up to 150 employees. One hundred (100) employee parking spaces will be allocated in the 11th Street Garage, and fifty (50) employee parking spaces will be allocated at the 9th/I Streets surface lot between the hours of6:00 a.m. and 6:00 p.m Monday through Friday only. #16..
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Agreement
Section 1. Purpose of this Agreement. The purpose of this Parking Agreement is to effectuate and implement the intents of the parties as they relate to the use of the l l 1h Street Garage and the 9th/I Streets surface lot and as authorized by Modesto City Council resolution 2017-85.

Section 2. Parking rights procedures.
a. The parking rights set forth in this Parking Agreement shall be on a first-come, firstserve basis and this Agreement shall neither guarantee nor reserve said parking spaces within the Parking Structures. Parking rights under this Agreement shall be available between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday only. b. The City shall provide ASH with 100 HID Prox cards for employee parking at the 11 lh Street Garage. ASH will pay actual cost for the HID Prox cards and the cost of replacement of any lost, stolen or damaged HID Prox cards. ASH will be allowed 50 parking spaces in City's 9th/I surface lot.
c. Each HID Prox card will be assigned to individual employees of ASH and will not be used by multiple employees or non-employees.
d. The City and ASH recognize that, from time to time, in order to accommodate the parking needs of special events, it may be necessary to temporarily move ASH employee parking to another downtown location. ASH agrees to such temporary moves. e. Parking is provided to ASH on the same basis as the City's regular parking pass program and such rules and regulations related to the use of the parking structures may be amended from time to time.
f. No leasehold or other interest in City's real property of any type is intended to be created by this Parking Agreement.

Section 3. Term. This Agreement shall be in effect for a five year period commencing on the date first written above (the "Effective Date 11 ) and ending five years from said Effective Date.

ASH shall have the option to extend this Agreement for an additional five year period so long as ASH is able to demonstrate to City's reasonable satisfaction by the delivery of payroll records and such other information as City may reasonably demand that it retains 150 jobs at the downtown corporate headquarters location, and provide the City with an annual written report of the number of jobs and annual salary rate of the jobs to be retained at this location.

Section 4. Annual Parking Payments. In consideration of this parking Agreement, ASH shall pay to City as follows:
a. Commencing upon the Effective Date of this Agreement, there shall be no charge for ASH employee parking for the first five years for up to 150 employees: 100 employees at the 11 lh Street Garage and 50 employees at the 91h/I surface lot. #16..
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Section 5. Assignment of Agreement. ASH shall not assign this Agreement or any right hereunder, nor any part thereof, whether through direct assignment, merger, sale of stock or business assets, or otherwise, without the prior written consent of City. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. Any such assignment, without such consent, shall be void and shall, at the option of the City, terminate this Agreement. This Agreement shall not, nor shall any interest therein, be assignable, as to the interest of ASH by operation of law, without prior written consent of the City.

Section 6. Indemnification. ASH shall hold the City, their agents, officers, employees, and volunteers, hannless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of ASH, whether or not the act or omission arises from the sole negligence or other liability of the City, their agents, officers, employees, and volunteers; relating to or during the performance of their obligations under this Agreement.

Section 7. Liability Insurance. ASH 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 of the City of Modesto. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in policy, notices of same shall be given to the Risk Manager of the City of Modesto by registered mail, return receipt requested, for all the following stated insurance policies.

General liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or $1,000,000 combined single limit. This insurance shall indicate on the Certificate of Insurance the following coverages and indicate the police aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.

If at any time any of said policies shall be unsatisfactory to the Risk Manager of the City of Modesto, as to form or substance or if a company issuing such policy shall be unsatisfactory to the Risk Manager of the City of Modesto, ASH shall promptly obtain a new policy, submit the same to the Risk Manager of the City of Modesto for approval and submit a certificate thereof as hereinabove provided. Upon failure of ASH 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 ASH to obtain and/or maintain any required insurance shall not relieve ASH from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of ASH concerning indemnification.

Section 8. Termination by City prior to expiration. The City shall have the right to terminate this Agreement in whole or in part, upon the occurrence of any of the following events:
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a. Filing of any petition in bankruptcy or the making of any transfer of general assignment for the benefit of creditors which has not been previously authorized by the City.
b. Except for assignments as provided in this Agreement, the discontinuance by ASH, of their business operations as ASH.
c. The failure of ASH to perform, keep, or observe any of the terms, covenants, and conditions which they are obligated to perform, keep or observe under this Agreement after the expiration of a thirty (30) day period of a written warning to correct any such deficiency.
d. ASH's failure to demonstrate to City's reasonable satisfaction that it has retained 150 jobs at its downtown Modesto headquarters
Section 9. Notices. Any notice to or other communication to City or ASH pursuant hereto shall be deemed validly given, served, or delivered upon deposit in the United States mail, registered and with proper postage and registration fee prepaid, addressed as follows:

CITY:

ASH:

City of Modesto
IO 10 10th Street
Modesto, CA 95354
Attention: Laurie A. Smith
American Specialty Healthcare, Inc
730 17th Street, Modesto
Modesto, CA 95354
Attn: Jason Winter
Or to such address as City or ASH may designate by written notice to the other party delivered in accordance with the provisions of the paragraph.

Section 10. Compliance with laws. ASH shall not do or cause to be done on or about the parking structures anything that would or does violate or conflict with any applicable law, ordinance, rule, or regulation which is now in force or effect or which may hereafter be enacted or adopted by federal, state, county or municipal authority.

Section 11. Extinguishment. ASH agrees their rights to use the garage structures under the terms of their agreement are extinguished immediately upon termination of this Agreement.

Section 12. Nonwaiver. Any waiver of any breach of covenants or conditions herein contained to be kept and performed by either party shall be effective only if in writing and shall not be deemed or considered as continuing waiver and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising their rights for any succeeding breach of either the same or other condition or covenant.
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Parkin ment in duplicate by its City Manager and attestation by its City Clerk on the day of {) ( ? 2017 and ASH has caused this Agreement to be duly executed in duplicate of the effective date.

CITY OF MODESTO
By: ~ seplii.LOJ)eZ
Interim City Manager

AMERICAN SPECIAL TY
HEALTHCARE, INC.

By: eJ<,rlts: Gurpre t : : President
:~:est: St <#---han ... --ie .... -tl:!""" op ..... e ..... z___... .............. , -- .... ~ ' -- Corporate Seal) City Clerk
By: <J3~ Bev Jensen
Risk Manager
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Gallo Center for the Arts
1000 I Street.

Modesto, CA 95354
March 28, 2022
Re: Parking Agreement for Surface Lot 25 at 9th & I Street Dear Customer,
On February 28, 2017 the City of Modesto entered into a five (5) year agreement for parking with American Specialty Healthcare, Inc. (ASH). This agreement provided employee parking permits for Lot 25 which is located at 9th and I Street. These permits were valid for use between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. We are sending this letter to inform you that the agreement with ASH for these parking permits has ended effective October 6, 2021.

It is our understanding the Gallo Center for the Arts had entered into a subcontract with ASH for several of the parking spaces located in the lot at 9th and I Street. With the end of the City’s agreement with ASH, these spaces have reverted back to the City of Modesto to utilize for public parking by customers of all downtown businesses. Realizing the Gallo Center for the Arts may still have parking needs, and before these spots are opened up to the rest of the downtown businesses, we are reaching out to provide an opportunity to the Gallo Center for the Arts to purchase monthly parking permits and retain access on a first-come-first-served basis at this same location.

As a courtesy, the City will pause any enforcement of the original hang tags for thirty (30) days from the date of this letter. Parking Enforcement will begin on all expired permits after that period. If you are interested in purchasing the parking permits, please contact our office by calling (209) 571-5140, Monday through Friday, between the hours of 8:30 a.m. to 4:30 p.m.

We are committed to delivering excellent customer service and count on citizens like you to help us achieve that goal. If you have further questions or need additional information, please contact us at (209) 571-5140.

Sincerely,
City of Modesto
Citation Processing Division

FINANCE DEPARTMENT
Citation Processing Division
P.O. Box 3063
Modesto, California 95353
209.571-5140
Modestogov.com
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Gallo Center for the Arts
1000 I Street.

Modesto, CA 95354
May 10, 2022
Re: Parking Agreement for Surface Lot 25 at 9th & I Street Dear Customer,
Effective October 6, 2021 the City of Modesto’s five (5) year agreement for parking with American Specialty Healthcare, Inc. (ASH) came to an end. This agreement provided employee parking permits for Lot 25 which is located at 9th and I Street. These permits were valid for use between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday.

After discussions with the Gallo Center for the Arts, the City has agreed to extend the deadline to purchase parking permits for this lot to May 24, 2022. After this date, the original hang tags will no longer be honored, and a monthly pass must be displayed or pay by the hour if choosing not to obtain a pass. If you are interested in purchasing the parking permits, please contact our office by calling (209) 571-5140, Monday through Friday, between the hours of 8:30 a.m. to 4:30 p.m.

Sincerely,
City of Modesto
Citation Processing Division

FINANCE DEPARTMENT
Citation Processing Division
P.O. Box 3063
Modesto, California 95353
209.571-5140
Modestogov.com
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
July 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: First Amendment to the Agreement with Dixon Resources Unlimited as a Consultant for Downtown Parking Infrastructure Implementation Plan; Task 2 and Task 3
CONTACT: Patrick Crowley, Facility Manager/Building Administration, [email protected], 209-402-6812
DESCRIPTION:

Consider approving the First Amendment to the Agreement for Consulting Services to Dixon Resources Unlimited, (DIXON) San Diego, CA for City of Modesto Downtown Parking Infrastructure Implementation Plan, increasing the scope of services to include Task 2 and Task 3, to increase the agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021. (Funding Source: Parking Fund and allocation from American Rescue Plan Act)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiative:

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 City of Modesto Public Works Department, Parking Services is responsible for maintaining Downtown Parking Infrastructure within the City of Modesto. On July 1, 2020, by Resolution 2020- 071, Council approved an agreement to transition parking enforcement of the downtown area from Modesto Police Department to Public Works. The focus on improving parking management and enhancing customer service identified the need to obtain consultant services to assist in developing a Parking Management Implementation Plan.

On October 25, 2021, the Purchasing Division issued an Informal Agreement (INF)22-06 for Downtown Parking Infrastructure Implementation Plan under nine category codes1. Prospective 1 1. Consulting Services_91800

2. Accounting/Auditing/Budget Consulting _91804
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bidders were notified online and via email of the bid opportunity. Twenty-six companies chose to download the Request for Proposal (RFP) document.

On November 12, 2021, one company chose to respond, which was not a local vendor. An evaluation committee comprised of Community and Economic Development (CEDD), City Manager’s Office (CMO), Finance, and Public Works evaluated the single proposal, obtained reference checks and determined the response from DIXON to be responsive and responsible to the RFP.

Through the issuance of an RFP and Specification No. INF 22-06, Parking Services will be able to better outline the parking infrastructure and technology recommendations and strategies for Downtown Modesto based on current and anticipated parking program needs. The recommendations are built upon results from past studies and findings identified as follows:
 Parking System Assessment (2006)
 Downtown Parking Strategy Memorandum (2014)
 Downtown Modesto Implementation Plan (2017)
 Downtown Master Plan (2020)
DISCUSSION:

On February 1, 2022, the City Manager authorized and executed an Agreement with DIXON to review the aforementioned plans and assessments, to identify potential gaps in parking services and infrastructure, and to make initial recommendations regarding infrastructure opportunities that will benefit the businesses and visitors of the Downtown area.

DIXON followed a methodology of guiding principles that focused on sustainability, equity, adaptability, and prioritized customer service and ease-of-use. After diligently working with the internal and external stakeholders, DIXON recommends several immediate priorities. These initial priorities are noted below:
 Adjusting the staffing model, weighing full-time versus part-time positions to reduce turn-over and increase consistency in enforcement efforts  Modernize outdated Parking Access Revenue Control Systems (PARCS) in several garages
 Upgrade or replace Pay Stations in the surface lots with modern technology  Improve wayfinding, lighting, signage for an improved customer parking experience  Simplify Parking Management process by implementing efficiencies such as automated permitting, consolidated vendor and webpage improvements, and more Based on the findings identified in the initial steps as noted above, staff recommends proceeding with the creation of a Parking Master Plan and Implementation Strategy through detailed data collection, expanded stakeholder outreach, and identification of specific

3. Administrative Consulting _91806

4. Governmental Consulting _91858

5. Organizational Development Consulting _91883

6. Miscellaneous Services, No. 1 (Not Otherwise Classified) _96100

7. Administrative Services, All Kinds (Incl. Clerical, Secretarial Services, Etc.) _96102

8. Zoning, Land Use Studies _96194

9. Miscellaneous Services, No. 2 (Not Otherwise Classified) _96200 #17..
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technology and infrastructure that will not only modernize the City’s Downtown parking system, but will create a system that keeps pace with future industry improvements and developing methods to maximize the City’s ongoing investment.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the first amendment to the agreement with DIXON for Consulting Services for the City of Modesto Downtown Parking Infrastructure Implementation Plan.

FISCAL IMPACT:

The following summarizes the funds expended to complete Task 1 as noted above, and captures the costs associated with completing Tasks 2 and 3 respectively.

TASK TASK DESCRIPTION COST
1 (Completed)
Review of prior studies, identify gaps, & recommend
infrastructure improvements (45 days) $26,970
Task 1 Total Cost $26,970
2 (pending)
Parking master plan and implementation strategy
data collection, stakeholder outreach
develop parking master plan / implementation
strategy (6-month duration)
$11,935
(monthly)
Task 2 Total Cost Est. $71,610
3 (pending)
Execute implementation strategy (12-month duration) $7,900 (monthly)
Task 3 Total Cost Est. $94,800
10% Contingency (Task 2,3) $16,641
Program Total Est. $210,021
The initial amount of $26,970 has been funded from the Fiscal Year 2021-22 Parking Fund. It is recommended that the additional funding needed to complete the project in the amount of $183,051 would be funded through the Parking Fund and the City’s allocation of American Rescue Plan Act, pending authorization through Council action for the second distribution of these funds.
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COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on June 27, 2022, and was recommended for forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment to the Agreement with Dixon Resources Unlimited (DIXON) as a Consultant for Downtown Parking Infrastructure Implementation Plan; Task 2 and Task 3, increase the agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021, and authorizing the City Manager, or his designee, to execute the First Amendment to the Agreement.

Approved by:

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

1. Resolution

2. RFP No. INF 22-06

3. Dixon - First Amendment to Agreement

4. Dixon - Original Signed Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT

WITH DIXON RESOURCES UNLIMITED (DIXON) AS A CONSULTANT FOR DOWNTOWN PARKING INFRASTRUCTURE IMPLEMENTATION PLAN; TASK 2 AND TASK 3, INCREASE THE AGREEMENT AMOUNT BY $183,051 INCLUDING A 10% CONTINGENCY, FROM $26,970 FOR A NEW ESTIMATED TOTAL NOT TO EXCEED AMOUNT OF $210,021, AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT
WHEREAS, the City of Modesto Public Works Department, Parking Services is responsible for maintaining Downtown Parking Infrastructure within the City of Modesto, the focus on improving parking management and enhancing customer service identified the need to obtain consultant services to assist in developing a Parking Implementation Management Plan, and WHEREAS, on February 1, 2022, the City Manager authorized and executed an Agreement with DIXON to review the aforementioned plans and assessments, to identify potential gaps in parking services and infrastructure, and to make initial recommendations regarding infrastructure opportunities that will benefit the businesses and visitors of the Downtown area, and
WHEREAS, staff recommends proceeding with the creation of a Parking Master Plan and Implementation Strategy through detailed data collection, expanded stakeholder outreach, and identification of specific technology and infrastructure that will not only modernize the City’s Downtown parking system, but will create a system that keeps pace with future industry improvements and developing methods to maximize the City’s ongoing investment, and WHEREAS, a first amendment to the current agreement is necessary to cover the increasing of the scope of services to include Task 2 and Task 3. #17..
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Agreement with DIXON as a Consultant for Downtown Parking Infrastructure Implementation Plan; Task 2 and Task 3, increase the agreement by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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: ______________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO AGREEMENT

FOR CONSULTANT SERVICES WITH DIXON RESOURCES UNLIMITED
This First Amendment (“Amendment”) is made to the Agreement entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and Dixon Resources Unlimited, a California Corporation (hereinafter “Consultant”) entered into by the parties on 1ST day of February, 2022, (the “Agreement”), hereinafter referred to as “Original Agreement.”

RECITALS
This First Amendment to Original Agreement for Consultant Services related to the Downtown Parking Infrastructure Implementation Plan is made with regard to the following recitals:

WHEREAS, City and Consultant would like to modify the scope of services to include tasks 2 and 3 as detailed in Exhibit A; and
WHEREAS, City and Consultant desire to amend the Original Agreement for additional services by increasing the previously approved amount from $27,000 to $210,021, including a 10% contingency.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services related to the Downtown Parking Infrastructure Implementation Plan and this First Amendment to Original Agreement, the parties agree as follows:

1. Section 1, Scope of Services, is deleted and replace in it entirety as follows:
“Consultant shall undertake and complete the preparation of the scope of services as set forth and described in the documents attached hereto and referred to as Tasks 1, 2 & 3 within Exhibit “A” or “project”. The Consultant shall perform the services as described in #17..
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Tasks 1, 2 & 3 (Exhibit A), in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

2. Section 3, Paragraph 1, “Compensation”, is deleted and replaced in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $210,021 as full remuneration for performing all services and furnishing all staffing and materials called for in Tasks 1, 2 & 3 (Exhibit A) and for performance by Consultant of all its duties and obligations under this Amendment.”

3. Except as modified and amended by this First Amendment to Original Agreement, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment to Agreement for Consultant Services in by its City Manager and attestation by its City Clerk on the ________ day of ___________, 2022, and Dixon Resources Unlimited, A California corporation, has caused this Agreement to be duly executed as of the Effective Date.

CITY OF MODESTO, Company Name
A municipal corporation
By:__________________________ By:___________ _____________________ JOSEPH P. LOPEZ (Signature)
City Manager
By:____Julie Dixon, President___________
(Name & Title)
ATTEST: Date:______5/3/2022__________________
By:______________________ By:_________________________________ DIANE NAYARES-PEREZ, CMC (Signature)
City Clerk
_________________________________
(SEAL) (Name & Title)
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Date:_______________________________
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ
City Attorney
By:_____________________________
JOE F. RODRIGUEZ
Risk Manager
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 20, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Compost Facility Flexible Pricing Pilot Program Extension CONTACT: Rosene Salmo, Integrated Waste Program Manager [email protected] (209) 577-5453
DESCRIPTION:

Consider approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee. (Funding Source: Compost Fund) STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s 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 City of Modesto Compost Facility began operation in January 1997. The Compost Facility’s primary and state mandated purpose is to process the City’s diverted yard waste, paper waste and food waste materials into a reusable soil amendment product (compost), thus keeping these materials from entering the landfill and lowering the disposal rate. A secondary purpose of the Facility is to then market and sell the finished compost to farmers, landscapers and backyard gardeners, which in turn helps keep the Facility sustainable. Compost is also donated to community gardens and landscape projects, parks, schools, churches, and has been used in our own City projects. Annually, the Facility receives approximately 50,000 tons of raw compostable waste materials and processes it into nearly 25,000 tons of compost.

In 2017-2018, SCS Engineers, Inc. was hired to conduct a comprehensive review of the City’s solid waste system, including the compost facility and its operations. Several findings and recommendations were made pertaining to compost. One of the findings discussed the changes in state law that made organic recycling and composting mandatory, and the demands it would have on the facility operationally and financially. However, there was no elaboration on what the #18..
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impacts of this new influx of material would be, or what would happen to the quality of compost or the market conditions. The Compost Facility is now experiencing the following conditions that impact the demand for the City’s compost:
•State Regulations AB1826 and SB1383 have mandated recycling of organics resulting in a 75% diversion of organics materials out of landfills and into composting facilities.

This new supply of material is estimated to be in excess of 20 million tons statewide annually. This new supply is expected to create an overabundance of product inventory both locally and nationwide. The market becoming saturated makes pricing and material quality key factors for moving the product. •This new supply of incoming organics material is heavily contaminated with glass, plastic bags/film, foil, and hard plastics. An increase in public education and enforcement will help to address some of the problem over time, but expensive machinery and manual labor are needed to separate out the contamination. Until that becomes financially feasible, these contaminating materials are ending up in the final product, which has limited the sales dramatically as the eligible use applications such as for parks, sport fields and nut farming has diminished. Some product can be spread on City land, but the City is truly limited as to what it can do with the finished product if it is contaminated. This limits the permitted space available at the facility to continue to receive and process City, residential, and commercial material.

Due to the above conditions and free market competition, compost bulk purchases have been inconsistent with sales off by as much as 50%. This creates an oversupply of contaminated product at the facility which can lead to operation permit violations.

On April 2, 2019, by Resolution No. 2019-140, Council approved a flexible pricing pilot program for one year. On June 2, 2020, by Resolution 2020-248 Council approved a flexible pricing pilot program for two years to determine the effectiveness of the program regarding the oversupply of product by making it more financially enticing to move product. With the flexible pricing, compost supervisory staff has been able to lower the price of the product as necessary to move it in order to create room to continue processing the city and residential/commercial green waste and organic material to stay in compliance with State law.

While the outbound finished product sales are inconsistent, the facility continues to receive inquiries from private companies and other cities about bringing the City their organics for processing as required by SB1383. The changing State’s regulations now require jurisdictions to compost. Finding a site that is fully permitted, with appropriate capacity, and is willing to take more material is at a premium.

DISCUSSION:

Since the Flexible Sales Pricing Pilot Program was approved in April 2019, the Compost Facility recorded approximately 15 bulk-sale customers (purchases over 100 tons) receiving as much as 50% off the lowest posted rates noted in the table below. The result was the annual average bulk purchases (tons) increased by over 100% in 2019, 2020 and 2021 in comparison to 2018 sales. The ability to move product is a critical component of our composting operations and permit regulations. It is evident that having the ability to negotiate pricing and offer competitive rates has been a benefit to the Compost Facility and its operations during this pilot program. #18..
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FISCAL IMPACT:

The continuation of the flexible pricing program would target the 40+ yard pricing category, as this constitutes the large commercial customers who purchase compost in bulk, up to several thousand yards of material at a time. Due to SB 1383 compost procurement and purchasing requirements, the lower bulk pricing will attract cities and jurisdictions to contract with the compost facility to purchase more compost to satisfy their compost procurement requirements.

Current product sales pricing is as follows:
1-4 yards $17.59 (+tax) per yard
4-39 yards 9.22 (+tax) per yard
40+ yards $7.08 (+tax) per yard or $12.04 (+tax) per ton Under the flexible pricing, the Integrated Waste Program Manager would be able to advertise and offer discounted pricing such as seasonal or oversupply specials up to 75% off in order to move the product to keep the Compost Facility in state permit compliance and allow room for incoming product processing.

The compost budget includes revenue from compost sales. All revenue generated as a result of the flexible pricing pilot program would help to balance the Compost Fund budget.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Finance Committee on June 27, 2022, and the Committee recommended forwarding to Council for approval.

CEQA/NEPA REQUIREMENTS:

This is an administrative action and therefore does not require environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee.

Approved by:

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

1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022 -

RESOLUTION APPROVING THE EXTENSION OF THE COMPOST

FACILITY FLEXIBLE SALES PRICING PILOT PROGRAM APPROVED ON APRIL 2, 2019, AND EXTEND FOR ONE ADDITIONAL YEAR EFFECTIVE AUGUST 1, 2022 THROUGH JULY 31, 2023 WITH THE OPTION TO EXTEND

FOR TWO ADDITIONAL YEARS AT THE DISCRETION OF THE CITY

MANAGER, OR HIS DESIGNEE
WHEREAS, the City of Modesto Compost Facility began operation in January 1997 due to the City’s waste being comprised of a high level of compostable materials and the City being designated as a City of Trees, and the Compost Facility would provide a way for the City to handle its own green waste and forestry materials; and WHEREAS, the City also implemented a two-can residential garbage and recycling collection program which provided a green can for all residential waste; and WHEREAS, over time the green can functionality has expanded to include all yard waste, paper waste and food waste; and
WHEREAS, the Compost Facility’s primary and state mandated purpose is to process the City’s diverted yard waste, paper waste, and food waste materials into a reusable soil amendment, thus keeping materials from the landfill and lowering our disposal rate; and
WHEREAS, compost is also donated to community gardens and landscape projects, parks, schools, churches, and for use in our own City projects; and WHEREAS, annually the Facility receives approximately 50,000 tons of raw compostable waste materials and processes it into about 25,000 tons of compost; and WHEREAS, in Fiscal Year 2017-2018 SCS Engineers, Inc. was hired to conduct a comprehensive review of the City’s solid waste system, including the compost facility #18..
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and its operations; and
WHEREAS, one of the findings discussed the changes in state law that made organic recycling and composting mandatory, and the demands that would have on the facility operationally and financially, but there was no discussion on what the impacts of the new influx of materials would be, or what would happened to the quality of the compost or the market conditions; and
WHEREAS, AB1826 and SB1383 mandate recycling of organics resulting in a 75% diversion of organics materials out of landfills and into composting facilities, yet there are no laws mandating the public or private sectors purchase the finished product; and
WHEREAS, the new supply of material is estimated to be in excess of 20 million tons annually which creates an overabundance of product inventory statewide and the competition makes pricing and materials quality key factors for moving the product; and WHEREAS, the new supply of incoming organics material is heavily contaminated with glass, plastics, and trash; and
WHEREAS, an increase in public education and enforcement will help over time, but expensive machinery and labor-intensive efforts are needed long term to separate out the contamination; and
WHEREAS, due to the finished compost product contamination levels, bulk compost sales to orchard farmers and park applications have dissipated and created an oversupply of product at the facility and storing the material can lead to permit violations; and
WHEREAS, this product needs to be moved in order to continue processing incoming material, and while some of the product can be spread on City land, due to #18..
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glass contamination it is not feasible to use it in City parks or sports fields; and WHEREAS, on April 2, 2019, by Resolution No. 2019-140, Council approved a flexible pricing pilot program for one year to help with the oversupply of product and to determine its effectiveness in moving product, and on June 2, 2020, by Resolution 2020-248 Council approved a flexible pricing pilot program for two years to determine the effectiveness of the program regarding the oversupply of product by making it more financially enticing to move product; and
WHEREAS, under the flexible pricing pilot program, the Integrated Waste Program Manager was able to advertise and offer discounted pricing such as seasonal or oversupply specials up to 75% off the product as necessary to make room on the site to try and stay in compliance with state law; and
WHEREAS, since the Flexible Sales Pricing Pilot Program was approved, the Compost Facility recorded approximately 15 bulk-sale customers (purchases over 100 tons) receiving as much as 50% off; and
WHEREAS, the bulk purchases (tons) increased over 100% in years 2019, 2020 and 2021 in comparison to 2018 sales; and
WHEREAS, the ability to move finished product offsite is a critical component of the City’s composting operations and permit regulations, and the pilot showed it was evident that having the ability to negotiate pricing and offer competitive rates was a benefit to the facility; and
WHEREAS, staff would like to further extend the pilot program for two more years offering up to 75% specials for seasonal and oversupply demands to try to keep the Compost Facility in permit compliance and add room for incoming raw material processing.
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NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 wherein the Integrated Waste Program Manager would be able to advertise and offer discounted pricing such as, seasonal or oversupply specials up to 75% off of the compost product for sale.

BE IT FURTHER RESOLVED, that staff has the option to extend the program for two additional years at the discretion of the City Manager, or his designee.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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Footnote:
1 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PRC&division=30.&title=&part=2.&cha pter=2.&article=7.
2 https://calrecycle.ca.gov/HomeHazWaste/grants

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: July 7, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Resolution to Apply for all CalRecycle Household Hazardous Waste Grants CONTACT: Rosene Salmo, Solid Waste Integrated Waste Manager, [email protected] 209-577-5453
DESCRIPTION:

Consider authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015-271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available. (Funding Source: Grant Revenue if received will be deposited into 4891 Solid Waste Fund) 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 Household Hazardous Waste (HHW) grants are primarily competitive grants made available by the California Department of Resources Recycling and Recovery (CalRecycle) per Public Resources Code, Division 30, Part 7, Article 3.5, Section 472001 to help local governments establish or expand HHW collection programs. California cities, counties, and local agencies, including qualifying Tribal Entities, with direct responsibility for HHW management are eligible to apply.

In August of 2015, by Resolution 2015-271, Council approved the submittal of grant applications to CalRecycle for the Household Hazardous Waste Program. Under this resolution, Solid Waste was awarded Household Hazardous Waste Discretionary Grant Cycle 252 (HD25) and Household Hazardous Waste Discretionary Grant Cycle 272 (HD27), utilizing granting funds for #19..
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City Council, July 12, 2022
Resolution to Apply for all CalRecycle Household Hazardous Waste Grants Page 2 of 2 special Household Hazardous Waste collection events. The resolution expired in 2020 and needs to be rescinded and a new resolution adopted.

DISCUSSION:

The State of California collects fees which provide funds to cities and counties for establishing and maintaining solid waste and various recycling programs. CalRecycle is offering a new grant cycle HD39 for the Household Hazardous Waste Grant.

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. With grant funds for HD39- the City will apply to offer Citizens of Modesto promotional collection events of Household Hazardous Waste and provide education on the way to properly recycle, reduce, reuse, and dispose of household hazardous waste materials. This authorization is effective for five years from the date of Council adoption
FISCAL IMPACT:

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.

This action will allow staff to continue applying for CalRecycle Used Oil Competitive Grants as the opportunities arise.

COMMITTEE RECOMMENDATION:

This item was heard on June 27, 2022 by the Finance Committee where the Committee recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015-271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available.

Approved by:

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

1. Resolution

2. Solid Waste 10-year Grant Revenue Chart
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AUTHORIZING STAFF TO APPLY FOR ALL CALRECYCLE HOUSEHOLD HAZARDOUS WASTE GRANTS, RESCINDING RESOLUTION NO. 2015-271, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN

GRANT APPLICATIONS AND RELATED FORMS, ACCEPT GRANT AWARDS, AND

AMEND THE BUDGET AS AVAILABLE
WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto authorizes the submittal of application(s) to CalRecycle for all Household Hazardous Waste Grants for which the City of Modesto is eligible.

BE IT FURTHER RESOLVED that the City Manager or his designee, is hereby authorized to sign all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project, and amend the budget as available.

BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption of this resolution.

BE IT FURTHER RESOLVED by the Council of the City of Modesto the Resolution No. 2015-271 is hereby rescinded.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ______________________________
JOSE M. SANCHEZ, City Attorney
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2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
SB1383 Local Assistance Grant $310,078.00
Tire Amnesty Grant $25,950.00
Beverage Container Recycling Grant $92,250.00
Tire Amnesty Grant $22,230.00 $24,975.00 $24,975.00
City/County Payment Program $54,463.00 $52,919.00 $53,096.00 $53,070.00 $54,672.00 $54,352.00 Waste Tire Clean-Up Grant $23,379.00 $27,822.00 $27,979.00 $29,844.00 Household Hazardous Waste Discretionary Grant $50,000.00 $48,200.00 $50,000.00 Waste Tire Enforcement Grant $50,000.00 $40,000.00 $47,000.00 $38,615.00 $33,616.00 $30,711.00 $32,864.00 $26,686.00 $31,976.00 $34,989.00 Used Oil Payment Program $57,397.00 $57,968.00 $57,248.00 $57,469.00 $57,809.00 $57,913.00 $58,930.00 $57,762.00 $23,943.00 $29,016.00 $-
$50,000.00
$100,000.00
$150,000.00
$200,000.00
$250,000.00
$300,000.00
$350,000.00
Solid Waste Grants - Attachment A
Awarded Amount
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with Wastewater Solids for Digester Cleaning Services CONTACT: Ben Koehler, Chief Plant Operator, [email protected] (209) 342-4502 DESCRIPTION:

Consider approving the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years. (Funding Source: Wastewater 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:

The City’s Sutter Treatment Plant utilizes a Digester Gas Treatment System. There are two operational anaerobic digesters that are used to stabilize wastewater solids. Only one digester is in service at a time and are both rotated annually. After a rotation, the digester contents need to be removed and screened prior to discharge in to the biological solids drying beds for drying.

On June 13, 2017, by Resolution 2017-235, Council authorized the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids Management Company (Wastewater Solids), Yachats, for an estimated annual cost of $36,350 and total cost over five years of $181,750.

On November 14, 2017, by Resolution 2017-447, Council approved the payment of Invoice 1019-17, from Wastewater Solids Management Company of Yachats, OR, in the amount of $41,700 for additional cleaning of Digester outside of contracted amount.

The annual agreement no. 120959 with Wastewater Solids Management is set to expire on June 12, 2022.
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City Council, July 12, 2022
Agreement with Wastewater Solids for Digester Cleaning Services

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Modesto City CouncilJuly 12, 2022

Modesto City Council
July 12, 2022