Agenda packet — Finance Committee, December 14, 2022

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www.modestogov.com
AGENDA
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Wednesday, December 14, 2022 at 3:00 PM
*Roll Call: David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
Alternates: Eric Alvarez, Jeremiah Williams, Chris Ricci, Sue Zwahlen * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
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PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 1:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Members or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Members has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee Member.

Consent

1. Consider approving the recommended Budget Adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion approving the recommended Budget Adjustments to Fiscal Year 2022- 23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.

BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent

2. Consider approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000 and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000 and forwarding to Council for approval.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

3. Consider accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with - 4 -
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bidding requirements and forwarding to Council for approval. (Funding Source:

Various Funds)
 Motion accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements and forwarding to Council for approval.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

4. Consider approving the purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA doing business as (dba) eCivis in the amount of $295,685 over five years and forwarding to Council for approval. (Funding Source: Information Technology Fund)
 Motion approving the purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA dba eCivis in the amount of $295,685 over five years and forwarding to Council for approval.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected]

NEW BUSINESS

5. Consider adopting the 2023-2024 State and Federal Legislative Priorities and forwarding to Council for approval. (Funding Source: Not Applicable)  Motion adopting the City of Modesto 2023-2024 State and Federal Legislative Priorities and forwarding to Council for approval.

CITY MANAGER; Andrew Gonzales, 209-571-5809, [email protected]

6. Consider approving a First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services to a new total amount of $215,000, and Van Scoyoc Associates for Federal Advocacy Services to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023, and forwarding to Council for approval. (Funding Source: General Fund, Water Fund, and Surface Transportation Fund)
 Motion approving the First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services by $35,000 from $180,000 to a new total amount of $215,000, and Van Scoyoc Associates for Federal Advocacy Services by $52,500 from $270,000 to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023; and forwarding to Council for approval.

CITY MANAGER; Andrew Gonzalez, 209-571-5809, [email protected]

7. Consider approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year and forwarding to Council for approval. (Funding Source:

American Rescue Plan Act Funds)
 Motion approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year and forwarding to Council for approval.

PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] - 5 -
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ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

FINANCE COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 14, 2022
Date: November 18, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – December 2022 CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving the recommended Budget Adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Each month staff presents a variety of budget adjustments requiring the approval of the City Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.

This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they are included as an attachment to this report (Exhibit A). As in past reports, adjustments are segregated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.

Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or Budget Manager consistent with the recent change in authority levels that was approved by Council with the passing of the Fiscal Year 2019-20 Operating Budget via Resolution No. 2019-305.
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Finance Committee, December 14, 2022
Monthly Budget Adjustment Report – December 2022

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DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A.

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2022-23.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the recommended Budget Adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Exhibit A – Budget Adjustments Requiring Council Approval

2. Exhibit B – Staff Approved Budget Adjustments
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Finance Committee, December 14, 2022
Monthly Budget Adjustment Report

EXHIBIT A
FISCAL YEAR 2022-23

COMMUNITY AND ECONOMIC DEVELOPMENT
 A budget adjustment in the amount of $100,000 is necessary in the Capital Grants – CIP Projects Fund (3140) to recognize revenue and establish the expense budget for the California Automated Permit Processing (CalAPP) Program grant from the California Energy Commission. The funding will be used to implement an online, automated permitting platform that assists in verifying code compliance and issuing permits in real time for solar energy systems.
 A budget adjustment in the amount of $225,000 is needed to account for the Homeowner Rehabilitation Loans that are being converted to Grants in the Revolving Loan Fund (1155). This program is designed to eliminate health and safety hazards in residential properties for qualifying low-income households, and each loan has met the affordability covenant. The Homeowner Rehabilitation Program is funded through the Community Block Grant Revolving Loan Fund.

FINANCE DEPARTMENT
 A budget adjustment of $70,396 is necessary to modify Direct Charge Agreement (DCA) FIN-STO-01. 40% of a Senior Buyer will be allocated to Jefferson Stores. 50% of the Assistant Buyer time, after removing 350 hours for DCA FIN-PUR-03, will be allocated to Jefferson Stores. 60% of the Stores Supervisor will be allocated to Jefferson Stores.  A budget adjustment of $32,171 is necessary to modify Direct Charge Agreement FINPUR-09. Supervisory support for oversight of Litt Stores will use an estimated 7.5% of the Purchasing Manager position.
 A budget adjustment of $10,137 is necessary to establish Direct Charge Agreement FINPUR-15. Supervisory support for oversight of Jefferson Stores will use an estimated

7.5% of the Purchasing Manager position.
 A budget adjustment of $14,270 is necessary to modify Direct Charge Agreement FINPUR-03. The Assistant Buyer and Senior Buyer are housed in a difference cost center and this adjustment will remove them from the agreement.  A budget adjustment of $14,270 is necessary to establish Direct Charge Agreement FINPUR-16. The Assistant Buyer and Senior Buyer will provide review of the Construction Contracts for the Construction Administration to ensure all of the required approvals and procurement procedures are followed. Post PlanetBid items including bids and amendments. Handle all change orders that get posted into Oracle, and manage each encumbrance process for review and approval.
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Monthly Budget Adjustment Report

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INFORMATION TECHNOLOGY
 A budget adjustment in the amount of $55,000 is needed in the Public Educational Government (PEG) Fund 1321 for the second-floor upgrades related to broadcasting for public meetings. The increase in the budget will be covered by the current Fund 1321 reserves.

PARKS, RECREATION AND NEIGHBORHOODS
 A budget adjustment in the amount of $1,692,931 is necessary in the JPA TRRP Special Revenue Fund – CIP (6710) to recognize the revenue related to the American Legion Hall insurance claim and increase expenses in Project 101425 – American Legion Fire Remediation to pay for outstanding expenses. As additional projects are identified, a portion of the revenue will be moved to those projects. Due to the urgent need to pay for invoices related to clean-up, a budget adjustment in the amount of $50,000 was completed on the City Manager’s authority. This adjustment will increase the budget by an additional $1,642,931 for a total of $1,692,931.

PUBLIC WORKS
 The following adjustments are being made from the various city Fleet Replacement subfunds to the Fleet Replacement Fund (5409). This action is being done to reimburse the Fleet Replacement Fund (5409) for vehicle purchases that had been made as required by fund accounting rules in FY 22-23 for the activity through September 2022. Below is a table showing the net effect in each sub-fund as a result of the various adjustments.

Fund Fund Name Net Impact
of
Adjustments
4109 Water Fleet Replacement Fund $125,692
4899 Solid Waste Fleet Replacement $121,435
Total Transfer Outs $247,127
5409 Transfer In – Fleet Management Fleet Replacement $247,127 Total Transfer Ins $247,127
A budget adjustment is necessary to establish a transfer in the amount of $125,692 from the Water Fleet Replacement Fund to Fleet Replacement Fund for purchase of (2) ¾ Ton Extended Cab Utility Trucks.

A budget adjustment is necessary to establish a transfer in the amount of $121,435 from the Solid Waste Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) loader claw.
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Monthly Budget Adjustment Report

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UTILITIES
 A budget adjustment in the amount of $1,670,000 is necessary in the Water CIP Fund (4180) to create and establish the expense budget for the Bret Harte Strengthen & Replace Water Mains Project (101450). This project will improve system reliability and upgrade existing infrastructure to meet City Standard Specifications.  A budget adjustment in the amount of $145,042 is necessary in the Wastewater Fund (4210) to increase the expense budget for the Roosevelt Park Cross Connection Project (100793) to cover expenses associated with staff time and consultant services. #1..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-061 DD 0100 General Fund 14410 - CED - Planning Budget Only - Salary Adjustment - Decrease Exp $ - (76,365) $ $ (76,365)
AT-061 DD 0100 General Fund 14410 - CED - Planning Budget Only - Benefit Adjustment - Decrease Exp $ - (32,728) $ $ (32,728)
AT-061 DD 0100 General Fund 14410 - CED - Planning Professional Services Exp $ - 109,093 $ $ 109,093 AT-065 DD 0100 General Fund 14220 - CED - Neighborhood
Preservation
Budget Only - Salary Adjustment
- Decrease Exp $ - (34,999) $ $ (34,999)
AT-065 DD 0100 General Fund 14220 - CED - Neighborhood
Preservation
Budget Only - Benefit
Adjustment - Decrease Exp $ - (15,000) $ $ (15,000)
AT-065 DD 0100 General Fund 14220 - CED - Neighborhood
Preservation Professional Services Exp $ - 49,999 $ $ 49,999 AT-067 DD 0100 General Fund 14210 - CED - Building Safety Budget Only - Salary Adjustment - Decrease Exp $ - (9,835) $ $ (9,835)
AT-067 DD 0100 General Fund 14210 - CED - Building Safety Budget Only - Benefit Adjustment - Decrease Exp $ - (4,215) $ $ (4,215)
AT-067 DD 0100 General Fund 70100 - Transfer Out - General Fund Transfer Out from Fund 0100 TO $ - 14,050 $ $ 14,050 AT-069 BM 0100 General Fund 18610 - MFD - Facilities & Fleet Transfer to Fund 0180 TO $ 93,580 11,180 $ $ 104,760 AT-069 BM 0100 General Fund 18610 - MFD - Facilities & Fleet Repair and Maintenance Services - Real Prop Exp $ 209,221 (11,180) $ $ 198,041 Total Changes for Fund 0100 $ 302,801 $ - $ 302,801
AT-069 BM 0180 Fire Dept Unrestricted Non-Cap 101234 - MFD - Fire Station 5 Remodel Transfer from fund 0100 TI $ 93,580 11,180 $ $ 104,760 AT-069 BM 0180 Fire Dept Unrestricted Non-Cap 101234 - MFD - Fire Station 5 Remodel
Appr C - Repair and
Maintenance Real Property Exp $ 207,080 11,180 $ $ 218,260 Total Changes for Fund 0180 $ 300,660 $ 22,360 $ 323,020 AT-046 BM 1130 CDBG Direct Program Grants 14010 - Housing Urban Develop (HUD) Funds 54500- Services City Forces Exp $ (9,000) 9,000 $ $ - A budget adjustment is needed to correct the budget for 1130-14020-54500, bringing the balance of the account to $0.

AT-053 CM 1130 CDBG Direct Program Grants 71130 - Transfer Out 73170 - Transfer Out to 3170 TO $ 150,000 49,500 $ $ 199,500 A budget adjustment is needed to cleanup the transfers currently budgeted in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments.

AT-056 BM 1130 CDBG Direct Program Grants 101446 - CDBG DST 2023-2025 54500 - Svcs City Forces Exp $ - 20,000 $ $ 20,000 AT-056 BM 1130 CDBG Direct Program Grants 101446 - CDBG DST 2023-2025 42030 - Federal Revenue Rev $ - 20,000 $ $ 20,000 AT-062 BM 1130 CDBG Direct Program Grants CDBG Direct Program Grants Business Expenses Exp $ (500) 500 $ $ - AT-062 BM 1130 CDBG Direct Program Grants CDBG Direct Program Grants 54500 - Svcs City Forces Exp $ (1,570) 1,570 $ $ - AT-068 CM 1130 CDBG Direct Program Grants 101256 - CDBG CARES Act AUC - Direct Grants Exp $ 10,473 (473) $ $ 10,000 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1438 STANCO Respi9te Exp $ 450,000 (5,103) $ $ 444,897 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1439 AD SA Red Shield Exp $ 10,000 (10,000) $ $ - AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1454 AD CASA Stan City Exp $ 5,000 (3,554) $ $ 1,446 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1455 AD CCC Safe Hs Exp $ 5,000 (2,895) $ $ 2,105 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1456 AD USF Daily Brd Exp $ 5,000 (3,507) $ $ 1,493 A budget adjustment of $109,093 is necessary to move salary savings from vacancies to Professional Services in order to pay for Planning Division consulting contracts.

A budget adjustment is needed to reduce the budget for these accountings strings.

Encumbrances were removed, resulting in a negative balance budgeted for these expenses.

A budget adjustment in the amount of $49,999 is necessary as the Neighborhood Preservation Division has not been able to fill its vacant Supervisor position. This fund transfer will allow the Unit to use consultant services until the position is filled.

A budget adjustment in the amount of $14,050 is needed in the Professional Services Task of Project 101328. On August 9, 2022, Council approved an amendment on Resolution No. 2022-334 to the contract increasing payment to $89,050 to accomplish a larger scope. The increase in scope is funded by the balance of the GoBiz Type 1 Grant ($30,500) funds and approximately $14,050 in General Fund Community Economic Development (CED) FY2022-23 Salary and Benefit Savings.

A budget adjustment is needed to release unspent funds in the amount of $25,859 in order to meet contract obligations as approved on Resolution 2022-061. Projects were overbudget by $10,450. There is no impact to the general fund.

A budget adjustment in the amount of $11,180 is needed in the Station 5 Remodel to reduce the general fund budget in 18610-MFD Facilities and Fleet and increase the transfer from this cost center to project 101234-Station 5 Remodel. This adjustment is necessary to cover a shortfall in staff charges for the inspection and administration of the project.

A budget adjustment in the amount of $20,000 is needed in the CDBG Fund (1130) to budget the activity delivery expenses related to the ARPA DST Project. #1..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1457 AD Lords Closet Next Exp $ 5,000 (328) $ $ 4,672
AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task CDBG Cares CV-2 Exp $ 494,148 15,409 $ $ 509,557 AT-073 CM 1130 CDBG Direct Program Grants 101296 - First Tee Transfer Out to Fund 3170 TO $ 150,000 49,500 $ $ 199,500 A budget adjustment is needed to cleanup the transfer currently budgeted, in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments. This project is fully funded by CDBG funding.

Total Changes for Fund 1130 $ 1,273,551 $ 139,619 $ 1,413,170 AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Aces Rehab AD Exp $ 5,000 (3,691) $ $ 1,309
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Aces Rehab Exp $ 43,000 (4,346) $ $ 38,654
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Ber RHB AD Exp $ 5,000 (4,405) $ $ 595
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Ber Rhb AUC Exp $ 43,000 (3,585) $ $ 39,415
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR STANCO 615 Rehab Exp $ 48,150 (10,712) $ $ 37,438
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR DTS Jobs AUC Exp $ 700,000 11,054 $ $ 711,054
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR STANCO AD 615 Exp $ - 718 $ $ 718
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Ber AD AUC Exp $ 19,275 14,967 $ $ 34,242
AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1385 AD Outreach CHS AUC Exp $ 5,000 (1,789) $
AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1386 HP From AD AUC Exp $ 10,000 (3,435) $ AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1388 STR STANCO AUC Exp $ 133,594 (13,594) $ AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1387 RRH DTS AD Exp $ 50,000 (2,360) $ $ 47,640 AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1388 STR DTS Jobs AUC Exp $ 711,054 21,178 $ $ 732,232 Total Changes for Fund 1180 $ 1,773,073 $ - $ 1,643,297 AT-067 DD 1340 Grants - Operation Block Grants 101328 - CED - Cannabis Equity Grants for Local Jurisdictions AUC - Professional Services Exp $ 75,000 14,050 $ $ 89,050 AT-067 DD 1340 Grants - Operation Block Grants 14998 - CED - Non Capital Projects Transfer In from Fund 1340 TI $ - 14,050 $ $ 14,050 Total Changes for Fund 1340 $ 75,000 $ 28,100 $ 103,100 A budget adjustment in the amount of $14,050 is needed in the Professional Services Task of Project 101328. On August 9, 2022, Council approved an amendment on Resolution No. 2022-334 to the contract increasing payment to $89,050 to accomplish a larger scope. The increase in scope is funded by the balance of the GoBiz Type 1 Grant ($30,500) funds and approximately $14,050 in General Fund Community Economic Development (CED) FY2022-23 Salary and Benefit Savings.

A budget adjustment is necessary to reallocate unspent funds in the amount of $21,178 in order to meet contract obligations as approved on Resolution 2022-058 and 2022-061. There is no impact to the General Fund and no impact to the overall project budget.

A budget adjustment is needed to reallocate unspent funds in the amount of $26,739 in order to meet contract obligations as approved on Resolution 2022-058 and 2022- 061. There is no impact to the General Fund and no impact to the overall project budget.
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-049 BM 1341 Grants - Operation Reimbursed City/County Payment Program FY20-21 Interest Revenue Rev $ - 165 $ $ 165 A budget adjustment in the amount of $165 is necessary to increase interest revenue budget in order to balance the expense budget and close the project.

AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 CA Recycle- PW Rev $ - 50,000 $ $ 50,000 AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 Appr C - Advertising Exp $ - 4,758 $ $ 4,758 AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 Appr C - Professional Services Exp $ - 37,800 $ $ 37,800 AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 Appr C - Services City Forces Exp $ - 7,442 $ $ 7,442 AT-071 BM 1341 Grants-Operations Grants
Reimbursed
100963-FEMA AFG SitStat
Grant
Appr. Unit A - Salaries and
Wages Exp $ 4,000 (4,000) $ $ -
AT-071 BM 1341 Grants-Operations Grants
Reimbursed
100963-FEMA AFG SitStat
Grant
Appr. Unit C - Business
Expenses Exp $ 44,655 4,000 $ $ 48,655
Total Changes for Fund 1341 $ 48,655 $ 100,165 $ 148,820 AT-042 BM 1342 Police Grants 101437 - 2022-23 Ramus
Foundation Grant
47031 - Misc.

Donations/Contributions Rev $ - 17,000 $ $ 17,000
AT-042 BM 1342 Police Grants 101437 - 2022-23 Ramus
Foundation Grant AU C - Marketing Services Exp $ - 5,000 $ $ 5,000 AT-042 BM 1342 Police Grants 101437 - 2022-23 Ramus
Foundation Grant AUC - Video Equipment Exp $ - 12,000 $ $ 12,000 AT-054 BM 1342 Police Grants 101444-2023 BHRS Party Intergov - Misc. Grants Rev $ - 10,000 $ $ 10,000 AT-054 BM 1342 Police Grants 101444-2023 BHRS Party Police Overtime Exp $ - 10,000 $ $ 10,000 AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Intergov - State - Office of Traffic Safety Rev $ - 42,500 $ $ 42,500
AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Police Overtime Exp $ - 30,000 $ $ 30,000 AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Tools and Field Supplies < $5,000 Exp $ - 10,000 $ $ 10,000
AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Training Expenses Exp $ - 2,500 $ $ 2,500 AT-072 CM 1342 Police Grants Transfer Out to Project 101448 Transfer Out to Project 101448 TO $ - 50,000 $ $ 50,000 AT-072 CM 1342 Police Grants 101282-20-21-SLESF Tools & Field Supplies Exp $ 530,077 (50,000) $ $ 480,077 Total Changes for Fund 1342 $ 530,077 $ 139,000 $ 669,077 AT-072 CM 1390 1390 - ARPA Funds 101448 - RTCC Construction Eng./Design/Admin Exp $ - 50,000 $ $ 50,000 AT-072 CM 1390 1390 - ARPA Funds Transfer in from fund 1342 Transfer in from fund 1342 TI $ - 50,000 $ $ 50,000 Total Changes for Fund 1390 $ - $ 100,000 $ 100,000
AT-044 BM 1380 Non-Capital Parks Fund (NonGrant)
100880 - Fund
Development/Special Projects
Non-Intergov Misc.

Donations/Contribution Rev $ 1,000 1,500 $ $ 2,500
AT-044 BM 1380 Non-Capital Parks Fund (NonGrant)
100880 - Fund
Development/Special Projects Arts in Public Places - 10395 Exp $ 500 1,500 $ $ 2,000 Total Changes for Fund 1380 $ 1,500 $ 3,000 $ 4,500
AT-040 BM 3130 Parks Fund 73130 - Transfer Out Fund 3130 73460 - Transfer Out to Fund 3460 TO $ - $ 8 $ 8
A budget adjustment is needed to re-establish the transfer out from Fund 3130 to Project 100779. The transfer while it lapses each year in Oracle needs to be reestablished annually. The total remaining transfer budget available is $46,102.01.

However, this project is being finally closed in October 2022. Only $8.00 is needed to balance the project therefore that amount is being included in the budget adjustment.

A budget adjustment is the amount of $50,000 is necessary as The City of Modesto has received a grant from the State of California for the Household Hazardous Waste Discretionary Grant Cycle 39 (HD39). This grant will provide funding for staff time and event costs to provide 6 Household Hazardous Waste Collection Event throughout the City of Modesto for residents to bring material and recycle it properly.

A budget adjustment in the amount of $10,000 is needed to budget the 2023 BHRS Party Grant revenue and expenses.

A budget adjustment in the amount of $42,500 is needed in the Police Grants fund (1342) to budget revenue and expenditures related to the 2023 OTS Pedestrian/Bike Grant in project 101442 - 2023OTS PED/BIKE.

A budget adjustment is needed to reallocate funds from Appr. Unit A to Appr. Unit C so that the project can be closed. The expenditures in this project were tied to Appr.

Unit C therefore the budget for Appr. Unit A needs to be reduced to $0. Once the adjustment is completed, the project will be closed.

A budget adjustment in the amount of $50,000 is needed to create budget for the RTCC Construction. Funds will be used for consultant services in the areas of engineering, electrical and architectural design to develop the construction drawings to prepare to go out for bid for construction. 50K funds will be transferred from project 101284 2020-21 SLESF.

A budget adjustment in the amount of $17,000 is needed to budget the revenue and expense related to the 2022/23 Ramus Foundation Grant awarded to the City of Modesto Police Department.

A budget adjustment in the amount of $1,500 is necessary to recognize funds at the Stanislaus Community Foundation for Arts in Public Places. The funds will be used to pay for a donation to Downtown Modesto Partnership for DOMO Walls 2022. #1..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-048 BM 3130 Parks Fund 101380 - Parks Security
Cameras Miscellaneous Revenue Rev $ 34,000 (17,000) $ $ 17,000 AT-048 BM 3130 Parks Fund 101380 - Parks Security
Cameras Appr. Unit C - TRRP Neece Dr. Exp $ 14,000 (7,000) $ $ 7,000 AT-048 BM 3130 Parks Fund 101380 - Parks Security
Cameras Appr. Unit C - Ustach Park Exp $ 20,000 (10,000) $ $ 10,000 Total Changes for Fund 3130 $ 68,000 $ (33,992) $ 34,008 AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Intergov State LTF Current Year Rev $ 155,776 2,101 $ $ 157,877 AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade City Construction Forces Exp $ 27,512 (437) $ AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Eng./Design/Admin Exp $ 119,573 (1,224) $
AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Contingency CIP Exp $ 21,005 652 $
AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Construction Admin Exp $ 272,199 3,110 $ $ 275,309 AT-043 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Intergov State LTF Current Year Rev $ 157,877 251 $ AT-043 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Contingency CIP Exp $ 21,657 251 $ $ 21,908 Total Changes for Fund 3140 $ 775,599 $ 4,704 $ 455,094 AT-060 BM 3160 Capital Grants - Streets CIP
Projects 101042 - Paradise Road ATP Construction Exp $ 3,041,247 (45,100) $ $ 2,996,147 AT-060 BM 3160 Capital Grants - Streets CIP
Projects 101042 - Paradise Road ATP Consultant Charges Exp $ - 45,100 $ $ 45,100 Total Changes for Fund 3160 $ 3,041,247 $ - $ 3,041,247 AT-053 CM 3170 CIP CDBG Direct Program
Grants 63170 - Transfer In 61130 - Transfer In from 1130 TI $ 674,464 49,500 $ $ 723,964 A budget adjustment is needed to cleanup the transfers currently budgeted in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments.

AT-070 BM 3170 Capital Grants HUD CIP
Projects
100866 - Senor Playground
2014 Contingency - CIP Exp $ 71,800 (15,000) $ $ 56,800 AT-070 BM 3170 Capital Grants HUD CIP
Projects
100866 - Senor Playground
2014
Eng./Design/Admin - CDBG AD
1253 Exp $ 55,000 (19,000) $ $ 36,000
AT-070 BM 3170 Capital Grants HUD CIP
Projects
100866 - Senor Playground
2014 Construction Administration Exp $ 89,710 34,000 $ $ 123,710 AT-073 CM 3170 Capital Grants HUD CIP
Projects 101296 - First Tee Transfer In from Fund 1130 TI $ 674,464 49,500 $ $ 723,964 A budget adjustment is needed to cleanup the transfer currently budgeted, in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments. This project is fully funded by CDBG funding.

Total Changes for Fund 3170 $ 1,565,438 $ 99,000 $ 1,664,438 AT-047 BM 3410 Streets Capital Facility Fee 100614 - SR 132 W.

Expressway Construction Administration ML Exp $ 50,000 (49,787) $ $ 213 AT-047 BM 3410 Streets Capital Facility Fee 100614 - SR 132 W.

Expressway Land Acquisition DEMO Exp $ 4,243,851 (171,994) $ $ 4,071,857 AT-047 BM 3410 Streets Capital Facility Fee 100614 - SR 132 W.

Expressway Land Acquisition CFF Exp $ 485,276 221,781 $ $ 707,057 Total Changes for Fund 3410 $ 4,779,127 $ - $ 4,779,127 AT-058 BM 4210 Wastewater Fund 101439 - Screw Pump
Replacement-3&4
AUC -
Engineering/Design/Administrati
on
Exp $ - 25,000 $ $ 25,000
A budget adjustment in the amount of $25,000 is needed in the Wastewater Fund (4210), project 101439 - "Screw Pump Replacement-3&4" to budget Engineering/Design/Administration costs related to this project.

A budget adjustment is needed to move $34,000 from the Contingency - CIP and Eng./Design/Admin tasks to the Construction Administration task on project 100866.

The adjustment is only reallocating current budget to cover the remaining work on the project.

A budget adjustment is necessary to reduce the revenue and expense budget for Project 101380. As part of the FY 22-23 Non-Capital project budget adoption, the project was inadvertently increase. The project has received all revenue and will not receive any additional revenue therefore the revenue and expense budget needs to be corrected.

A budget adjustment is necessary to move funds from the CCF and EDA task to the CTGY and CA task. In addition, the CTGY and CA tasks are being increased to account for remaining staff time and change orders on the project.

A budget adjustment is necessary in the amount of $251 to increase the contingency line to pay out the final progress payment for the project.

A budget adjustment is needed to reallocate funds from the Construction Measure L task to a newly created Consultant Charges for Land Acquisition. The new task is being created to track expenses related to the Associated Right of Way Services (ARWS) On Call Right of Way (ROW) services agreement. There is no net change to the budget and the funding source remains Local Control Measure L Funds.

A budget adjustment is necessary to reallocate funds within the SR 132 project PS&E phase for the 5th Amendment to the CPSI Agreement. The tasks were created with anticipation to use with grants as local match funds. The funds while tied to other tasks are earmarked as local CFF funds.
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-059 BM 4210 Wastewater Fund 101094 - West Trunk
Rehabilitation Construction Exp $ 6,000,000 (630,000) $ $ 5,370,000 AT-059 BM 4210 Wastewater Fund 101094 - West Trunk
Rehabilitation Contingency Exp $ 480,000 (70,000) $ $ 410,000 AT-059 BM 4210 Wastewater Fund 101094 - West Trunk
Rehabilitation
Engineering/Design/Administrati
on Exp $ 600,000 700,000 $ $ 1,300,000
Total Changes for Fund 4210 $ 7,080,000 $ 25,000 $ 7,105,000 AT-057 BM 4180 Water Fund CIP 101403 - Well 312 Treatment and Flushing Construction Exp $ 970,000 (49,500) $ $ 920,500 AT-057 BM 4180 Water Fund CIP 101403 - Well 312 Treatment and Flushing Contingency Exp $ 97,000 (5,500) $ $ 91,500 AT-057 BM 4180 Water Fund CIP 101403 - Well 312 Treatment and Flushing
Engineering/Design/Administrati
on Exp $ 114,000 55,000 $ $ 169,000
Total Changes for Fund 4180 $ 1,181,000 $ - $ 1,181,000 AT-063 BM 5110 Stores Fund 52120-Central Stores Building Services ISF Expense Exp $ 27,397 (10,791) $ $ 16,606 A budget adjustment in the amount of $10,791 is needed to reduce the building services ISF Expense in the Inventory Purchases Fund (5110) and reduce Building Services ISF Revenue in the Building Services Fund (5800). Starting November 2022, some services provided by the Building Services to the Jefferson Corp Yard will be provided by the Jefferson Stores instead and a reduction in ISF Expense and Revenue budget is needed.

Total Changes for Fund 5110 $ 27,397 $ (10,791) $ 16,606 AT-074 BM 5400 Fleet Management Fund 100451 - Fleet Maintenance Facility Construction Exp $ 4,232,095 (168,147) $ $ 4,063,948 AT-074 BM 5400 Fleet Management Fund 100451 - Fleet Maintenance Facility Construction Administration Exp $ 712,488 168,147 $ $ 880,635 Total Changes for Fund 5400 $ 4,944,583 $ - $ 4,944,583 AT-063 BM 5800 Building Services Fund 12531-Building Services Building Services Revenues Rev $ 2,294,393 (10,791) $ $ 2,283,602 A budget adjustment in the amount of $10,791 is needed to reduce the building services ISF Expense in the Inventory Purchases Fund (5110) and reduce Building Services ISF Revenue in the Building Services Fund (5800). Starting November 2022, some services provided by the Building Services to the Jefferson Corp Yard will be provided by the Jefferson Stores instead and a reduction in ISF Expense and Revenue budget is needed.

Total Changes for Fund 5800 $ 2,294,393 $ (10,791) $ 2,283,602 AT-052 BM 5810 10th Street Place Building
Services
52310 - PW-City 10th St. Place
JPA Operations
42405-Intergov - Local City of
Modesto Contribution Rev $ 1,300,606 5,130 $ $ 1,305,736 AT-052 BM 5810 10th Street Place Building
Services
52310 - PW-City 10th St. Place
JPA Operations
48021 - Office Space Rental
Income Rev $ 11,289 (5,130) $ $ 6,159
Total Changes for Fund 5810 $ 1,311,895 $ - $ 1,311,895 AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101061-Carpenter Rd.

Area Soccer
42201 - Intergov-State-Natural
Resources Agency Rev $ 1,000,000 (1,000,000) $ $ -
AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101135-TRRP River
Pavilion
42201 - Intergov-State-Natural
Resources Agency Rev $ 500,000 (500,000) $
AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101061-Carpenter Rd.

Area Soccer
42213 - Intergov-State-California
State Parks Rev $ - 1,000,000 $ $ 1,000,000
AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101135-TRRP River
Pavilion
42213 - Intergov-State-California
State Parks Rev $ - 500,000 $ $ 500,000
AT-064 CM 6710 JPA-TRRP Special Revenue
Fund 101425-ALH Fire Remediation 47020-Refunds, Damages and Cost Recovery Rev $ - 50,000 $ $ 50,000 A budget adjustment is needed to recognize part of the anticipated revenue from the A budget adjustment is necessary to reduce the revenue in FY 22-23 related to the lease agreement with Stanislaus County. The County leases are ended sooner than 12/31/2022. The revenue is being reduced and re-allocated through the City Allocation for the 10th Street Building ISF. The August monthly had originally amended the budget with the assumption that the lease would stay in place until December. As the lease is ending sooner, the ISF model needs to be adjusted.

A budget adjustment in the amount of $55,000 is needed in the Water CIP Fund (4180), project 101403-"Well 312 Treatment and Flushlines" to move budget among the Construction, Contingency, and Eng./Design/Admin tasks to pay for consultant charges in the Eng./Design/Admin task.

A budget adjustment in the amount of $700,000 is needed in the Wastewater Fund (4210), project 101094-"West Trunk Rehabilitation" to move budget among the Construction, Contingency, and Eng./Design/Admin tasks to pay for consultant charges in the Eng./Design/Admin task.

A budget adjustment is necessary to move funds from the Natural Resources Agency account to the California State Parks account. When the projects were originally budgeted, the City did not have a designated California State Parks revenue account as this is a passthrough from the Natural Resources Agency. As additional grant funds are received tied to State Parks an account was created. The adjustment is simply moving the budget to the new account. These is no change in budget overall to the projects.

A budget adjustment is needed to reallocate funds from the Construction task to the Construction Administration task within Project 100451. There are expenditures on the Construction task that are outside of the contractor payments that need to be moved to construction administration. The construction task budget will cover expenditures related to PO 179108.
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-064 CM 6710 JPA-TRRP Special Revenue
Fund 101425-ALH Fire Remediation Professional Services Exp $ 95,000 50,000 $ $ 145,000 Total Changes for Fund 6710 $ 1,595,000 $ 100,000 $ 1,695,000 AT-052 BM Various Various Various 58025 - ISF - JPA City Allocation Exp $ 1,300,606 5,131 $ $ 1,305,737 A budget adjustment is necessary to reduce the revenue in FY 22-23 related to the lease agreement with Stanislaus County. The County leases are ended sooner than 12/31/2022. The revenue is being reduced and re-allocated through the City Allocation for the 10th Street Building ISF. The August monthly had originally amended the budget with the assumption that the lease would stay in place until December. As the lease is ending sooner, the ISF model needs to be adjusted.

Total Changes for Fund Various $ 1,300,606 $ 5,131 $ 1,305,737 A budget adjustment is needed to recognize part of the anticipated revenue from the American Legion Hall insurance claim and to process payment for Belfor. #1..
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CITY OF MODESTO

FINANCE COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 14, 2022
Date: November 4, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Allison Van Guilder, Deputy City Manager
DeAnna Christensen, Director of Finance
SUBJECT: The Table Group Agreement with Neil Sullivan LLC CONTACT: Cynthia Kline, Purchasing Manager, [email protected], (209) 577-5412 DESCRIPTION:

Consider approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000 and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Service Delivery and Strategies under Goal J: Build a High-Performance Organization.

BACKGROUND:

Table Group is a consultant firm that provides highly qualified and experienced professionals to deliver the Lencioni organizational management content and methods. The Lencioni content consists of principles derived from the works of Patrick Lencioni focusing on overall organization health, communication, and leadership development.

Table Group creates tailored content for each organization it works with to address the specific operational roots of politics and confusion in the context of real issues and behaviors impacting the workgroup. It provides specialized tools for making better, faster decisions, while achieving greater buy-in from the entire team. Through the workshops provided by Table Group, consultants will work with a leadership team to:
 Gain a thorough understanding of the expectations and challenges in building and maintaining a cohesive team.
 Address the effectiveness of the team’s meetings and their contributions to the overall success of the group.
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Finance Committee, August 22, 2022
The Table Group Agreement with Neil Sullivan LLC

Page 2 of 3 ends

 Review and validate the organization’s direction and ensure alignment exists among the team by addressing the six critical questions required for organizational clarity.  Discuss the critical importance of effective internal communications and identify any necessary changes to create alignment throughout the organization.  Identify a roadmap for the team to ensure a successful transformation to a healthy organization.
 Create a team playbook for leading the organization going forward.

The workshops, that are designed by Table Group, are intended to introduce, and provide practical experience of the concepts and methodologies outlined above. The workshops are high energy, practical and created to drive team cohesion and organizational clarity.

In August 2018, the City retained the use of Table Group consultant services to engage in multiple organizational health and team effectiveness sessions for the City Executive Leadership team and the Modesto Police Department Command staff. The focus of these sessions for the Executive Team and Command staff was to ensure the Leadership Team operates more cohesively, integrates the new members of the Team, and creates the focus and alignment required for the Modesto City Executive Team and Command staff to achieve its targets and objectives for the organization.

DISCUSSION:

With new Executive Leadership team members over the couple of years, there is value to ensure we continue to engage in these consulting services to continue to develop a cohesive team and continue to align our objectives for the organization. Additionally, the goal is to expand these sessions to our management teams across all City departments.

This three-year agreement would provide multiple day engagements with both the executive and City department management teams to continue to develop a high-performance organization which focuses on aligned goals and objectives.

In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for the executive team and management engagement services to Neil Sullivan LLC conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services focused on specialized expertise on how to strengthen the leadership, teamwork, and organizational health for executive teams and all levels of management.

FISCAL IMPACT:

For the services already rendered over the last few years since 2018, the City has expended $49,852 from the General Fund. The overall funding for this new proposal executive team and management engagement services will be absorbed as part of their Fiscal Year 22-23 adopted budget. The cost will be allocated based on the departments who will be utilizing these services which range from the General Fund, Utility Funds, Surface Transportation Funds and Parks Funds. Each engagement will cost $13,000 which includes a 56% discount and various material fees and travel costs to facilitate this engagement. #2..
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Finance Committee, August 22, 2022
The Table Group Agreement with Neil Sullivan LLC

Page 3 of 3 ends

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000 and forwarding to Council for approval.

Approved by:

Allison Van Guilder, Deputy City Manager
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Agreement – Neil Sullivan LLC

2. Exhibit A – Proposal

3. Exhibit B – Cost Proposal
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Neil Sullivan LLC, Concord, California, a California corporation, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:

A. The City has determined that executive team and management engagement services should be provided for the City to continue to develop a cohesive team and continue to align our objectives for the organization.

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

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

1. SCOPE OF SERVICES.

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

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

City hereby gives Consultant notice to proceed with the preparation of the services in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the services and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $150,000 over a three-year period as full remuneration for performing all services and furnishing all staffing and materials called for and defined in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

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

All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, and billable rates for all work completed, and detailed receipts for any out-of-pocket, reimbursable costs paid by Consultant in connection with work performed on this project. Only expenses listed in Exhibit B are recoverable. 4. OBLIGATIONS OF CONSULTANT.
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Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Neil Sullivan, Principal Consultant, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that one-hundred percent (100%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person, unless otherwise agreed upon by the City.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City.

No reproduction in any form of any copyrighted, confidential, or proprietary information provided by Consultant is permitted without prior written permission. No reports shall be #2..
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used by the Consultant for purposes other than this contract without the express prior written consent of City.

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

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

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person #2..
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having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
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Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement.

Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #2..
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It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.
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FOR Consultant:

Name: Table Group
Address: 2125 Ygnacio Valley Road Suite 200,
Walnut Creek, CA 94598
Attention: Neil Sullivan
Phone: ( 925 ) 876-5856
FOR CITY:

Name: Joseph P. Lopez
Address: 1010 10th Street Place Suite 5200
Phone: (209 ) 577-5224

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property #2..
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damage or $1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations.
(c)Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided.

Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under #2..
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this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement #2..
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by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination. In the event that the City terminates this Agreement without cause and for any reason other than an Act of God, the City shall pay a termination fee to the Contractor equal to a specified percentage of: $130,000 minus the total compensation previously paid to Consultant under this Agreement. If termination occurs during the first year of this Agreement, the applicable percentage shall be 80%, if termination occurs during the second year of this Agreement, the applicable percentage shall be 50%, and if termination occurs during the third year of this Agreement, the applicable percentage shall be 20%.
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of 30,000 minus the
Termination by City for Change of Consultant's Tax Status If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this Agreement by giving written notice to Consultant. The termination date shall be the effective date of the notice.

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

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination (To be modified, based upon the Cancellation Option selected by the City) If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to #2..
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City as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant
agreements or contracts for materials;
b. The Agreement price allocable to the portion of the
Work properly performed or goods supplied to the work
site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any act or omission of Consultant whether or not the act or omission arises from the sole negligence #2..
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or other liability of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance. The total aggregate amount Consultant may be liable for under this Agreement shall not exceed $1,000,000.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California, by one arbitrator, except as otherwise specified in this Agreement.

The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and #2..
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the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

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

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the #2..
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reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party.

This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

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

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder.

All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been #2..
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incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

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

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license. #2..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- ___, adopted by the Council of the City of Modesto on the day of , 2023, and CONSULTANT has caused this agreement to be duly executed in duplicate as of the Effective Date.
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Neil Sullivan
Senior Principal Consultant
p 925.876.5856
e [email protected]
www.tablegroup.com
Proposal For
Consulting Services
FOR

CITY OF MODESTO
Organizational Health Program
Modesto CA
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Page | 2 The Source for Organizational Health The Table Group, Inc. Confidential and Proprietary Information Contents Page
Executive Summary
Engagement Implementation
Content Menu
Schedule of Fees | Offsite Dates
Signature Page
3 3
4 7
8 #2..
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Page | 3 The Source for Organizational Health The Table Group, Inc. Confidential and Proprietary Information Executive Summary
Table Group’s concepts and methodologies will be used to help the City of Modesto’s City Management and Departmental Leadership Teams work more collaboratively and lead the City into its important future. The City of Modesto has certainly achieved significant milestones throughout its storied history, as well as overcoming numerous challenges during the past years due to the pandemic. Table Group works alongside the Leadership of significant entities, such as the City of Modesto, to help them become more effective, thus tremendously impacting their Regions. The City of Modesto is at an important moment in its history, and it is imperative that extreme clarity and excellent communication exist within the City Management Team, as well as with the Leadership Teams of all Departments for the City to achieve its goals and objectives.

The objectives for the City of Modesto Organizational Health Program include:

1. Introduce Table Group’s concepts and methodologies to various City of Modesto Directors and Department Leadership Teams.

2. Work with various Directors to select from Content Menu to build a specific Program for their Department Leadership Team.

3. Facilitate Table Group Sessions with various Department Leadership Teams to help increase their Cohesion and Clarity as a Team and Department.

4. Interact with various Directors to help them leverage Table Group’s concepts and methodologies within their Departments on a continual basis.

The ultimate objective of the program is for various City of Modesto Department Leadership Teams to operate even more cohesively and effectively in developing and driving their goals and objectives within their Departments. This work is conducted with both Directors individually, and the Department Leadership Team collectively, to help equip the Department in leveraging the asset of Organizational Health as a competitive advantage.

Engagement Implementation
Below is an expanded overview of the possible activities to be conducted as part of this Proposal with various City of Modesto Departments. Using methods and tools developed by The Table Group under the leadership of New York Times best-selling author Patrick Lencioni, we will be offering the following services:

1. City of Modesto Department Leadership Team Session – we will leverage our experience and expertise in working with 1000’s of Organizations to facilitate various City of Modesto Department Leadership Team Sessions. Actions may include:
a. Advance Preparation Meeting – conducting an Advance Preparation session with key leadership to identify the high-level objectives, schedule, components, and agenda for the Session.
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Page | 4 The Source for Organizational Health The Table Group, Inc. Confidential and Proprietary Information b. Session Materials Preparation – based upon the planned Agenda, Objectives, and Activities for the Session, we will prepare all required advance materials. c. Session Facilitation – conduct the City Department Session(s) during the course of the selected date(s). Assuring we are tracking to the Agenda and accomplishing the agreed to Objectives for the session. Incorporating both the Concepts of healthy, highperformance Leadership Teams and the Tools to drive Focus, Clarity, and Action as outcomes.
d. Session Deliverables – we will provide summary notes from the Session, including all Topics discussed, Concepts and Tools introduced, Decisions made, and Action Items.

Additionally, we will provide PDF pictures of any flipcharts utilized during the session.

City of Modesto | Content Menu
The following is a high-level overview of the topics, exercises, team assignments and outcomes that can be selected for the primary body-of-work during a City of Modesto Departmental Leadership Team Session. This is for informational purposes only and a subset of these topics will be selected by the Department Director the specific Agenda, based upon the Team’s requirements and available time.

Section Topics Outcomes
Introduction • Organizational Health Model
• Competitive Advantage of Teams
Outcomes
• Team Assessment Results & Discussion
Discipline 1
Build a Cohesive
Team
Five Behaviors
Of a Cohesive Team
Trust
• Role of the Leader
• Vulnerability Based Trust
• Fundamental Attribution Error
Outcomes
• Experience vulnerability-based (v. predictivebased) trust by revealing own/listening to other’s personalities and behavioural patterns.
• Team members begin establishing a foundation
for establishing/rebuilding trust on the team.

Conflict
• Role of the Leader
• Conflict Continuum
• Conflict Norms Discussion
Outcomes
• Team establishes their own conflict style
• Team agrees on conflict norms
Commitment
• Role of the Leader
• Commitment Norms Discussion
Outcomes
• Team agrees on commitment norms
• Team agrees on Thematic Goal
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Page | 5 The Source for Organizational Health The Table Group, Inc. Confidential and Proprietary Information Accountability
• Role of the Leader
• Peer-to-Peer Accountability
• Benchmarking Accountability
Results
• Team # 1 Discussion
Outcomes
• Members experience how to give/receive
behavioral-based business feedback
• Members publicly commit and affirm permission
on a specific behavioural-based area of
feedback.

Discipline 2
Create Clarity
Six Critical Questions Introduction*

1. Why do we exist?

2. How do we behave?

3. What do we do?

4. How will we succeed?

5. What is most important, right
now?

6. Who does what?
Outcomes
• Playbook containing agreed upon work
• Introduce Purpose
• Establishment of a Thematic Goal – the # 1
priority for the next 6 – 18 months.
• Explore upon desired behaviors (core values)
Agreement on roles to achieve the Thematic
Goal.

Discipline 3
Over-Communicate
Clarity
Cascading Messages
Outcomes

1. What did we discuss?

2. What did we decide?

3. What can’t we say (outside of the team)?

4. By when will we communicate?
Discipline 4
Reinforce Clarity
Meeting Structure
Outcomes
• The team will be introduced to a new meeting
structure. Better outcomes, increased closure,
clarity and attention to results.

Transition Model
Internal Processing
William Bridges Model
• Endings
• Neutral Zone
• New Beginnings
Outcomes

1. Purpose – “Why are we doing this?”

2. Picture – “What will it look like?”

3. Plan – “How will we get there?

4. Part – “What is my role?”
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Page | 6 The Source for Organizational Health The Table Group, Inc. Confidential and Proprietary Information Ideal Team Player
Selecting Team Players
• Humble
• Hungry
• Smart
Outcomes
• The understanding and application of Ideal Team
Player concepts and tools within the Executive
Team and Organization.

Three Signs of a
Miserable Job
Employee Engagement Equipping

1. Anonymity

2. Irrelevance

3. Immeasurement
Outcomes
• Leaders and Managers understand what their
employees require to be highly engaged in the
Company.

The Six Types of
Working Genius
Types of Geniuses

1. Wonder

2. Invention

3. Discernment

4. Galvanizing

5. Enablement

6. Tenacity
Outcomes

1. What Are My Two Working Geniuses?

2. What Are My Two Working Frustrations?

3. What Are My Two Working Competencies?

4. What Are Our Team’s Strengths /
Weaknesses?

5. How Do We Leverage / Mitigate Them?
Next Level
Leadership Teams
Preparing the Next Level
• Five Behaviors of a Cohesive
Team
• Leveraging Clarity Statements
• Leading Their Teams
Outcomes
• Discussing and preparing for introduction of
Table Group’s concepts and tools to Next Level
Leadership Teams.

Company Roll Out
Cascading Over-Communication
• The Cohesion Journey
• The Clarity Statements
• Organizational Application
Outcomes
• Executive Leadership has the opportunity to
introduce the Cohesion / Clarity journey via a
Company-wide Roll Out, augmented by Table
Group Consultants.

Executive Equipping
Transference
• The Motive
• Ongoing Executive Access
• Quarterly Team Check-Ins
Outcomes
• Equipping the Executive Leader to drive
Organizational Health throughout the entity and
remaining available to the Executive for any
desired assistance.
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Page | 8 The Source for Organizational Health The Table Group, Inc. Confidential and Proprietary Information Both parties below agree to the terms set forth above:
_______________________________________________________________________ City of Modesto Representative Date
_______________________________________________________________________ Neil Sullivan Date
Please Note:

Table Group engagements are contracted by independent, licensed Table Group Consultants under their individual corporate entities. This engagement will be contracted by:

Neil Sullivan, LLC
5075 St. Celestine Ct.

Concord, CA 94521
925-876-5856
EIN: 82-2233433
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Page | 7 The Source for Organizational Health The Table Group, Inc. Confidential and Proprietary Information City of Modesto Schedule of Fees | Dates
City of Modesto Organizational Health Program
EST. DATES
2022-2025
Consulting Fees:

Table Group Standard 1-Day Session Engagement Fee
City of Modesto Discount (56%)
Revised City of Modesto 1-Day Session Engagement Fee:
$23,250.00
($10,250.00)
$13,000.00
Materials Fees

1. Participant Offsite Handout Binder

2. Team Assessments & Reports
a. Table Group Team Assessment
b. Myers Briggs Type Indicator or Similar Assessement

3. Tailored In-Depth Offsite Notes (Post-Session)

4. Tailored 2-page Playbook (Post Session)
Administrative Fee
Date Change Fee
$200.00
/Person
$500/Offsite
$5,000.00, if
incurred.

Contract Minimum | A minimum of ten (10) 1Day Sessions are required within the Contract to secure City of Modesto Discounted Pricing.

Expenses | Travel for Consultants is billed separately including: meals, ground transportation, hotel, airfare, etc. Expenses related to additional contractual requirements will be added to client cost and invoiced.

Billing | Balance of Engagement Fee and remaining expenses for Offsites will be invoiced as delivered unless otherwise specified. . All rates quoted in $US.

Date Change Policy
Cancellation or date change for any reason within 45 calendar days scheduled Date will incur a $5,000.00 Date Change Fee, plus any incurred expenses associated with that session. This cancellation policy represents the reasonable estimate of lost fees due to the client reserving a specific date(s). #2..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

December 14, 2022
Date: November 7, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Fiscal Year 22-23 Vehicle Replacements and Additions CONTACT: Cynthia Kline, Purchasing Manager, [email protected], 209-577-5412 DESCRIPTION:

Consider accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

These items support the City of Modesto 2020-2025 Strategic Plan Focus of Governance and Service Delivery under goal H: Achieve Financial Sustainability.

BACKGROUND:

Every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs. Following this process, a Fleet Replacement List is submitted to Council and is approved as part of a new fiscal year’s Fleet Replacement Budget.

Once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life. These funds are specifically designated for the replacement of City vehicles and equipment.

Throughout the fiscal year, new vehicles need to be added to the City’s Fleet inventory due to the operational needs for the City departments. When these vehicles are added, they will be added to the Fleet Replacement and Addition list to prepare for future replacement.

DISCUSSION:

Currently 67 vehicles are scheduled to be replaced under the new Fiscal Year 22-23 Fleet Replacement and Additions list; this does not include emergency replacements for vehicles that #3..
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Finance Committee, December 14, 2022
Fiscal Year 22-23 Vehicle Replacements and Additions

Page 2 of 3 ends

have been involved in accidents and are unable to be repaired or the cost of repairs exceed the value of the vehicle.

When bids are received the Purchasing and Fleet Divisions will review submitted bids to ensure that all specifications have been met. Purchasing will send an Intent to Award letter to vendors notifying who will be awarded the bid pending Council approval, based on providing the lowest responsive and responsible bid.

Awarded vendors are unable to order the vehicle and place into production until a purchase order is received, which can take 3-4 months depending on the submittal deadlines to upload for OnBase. When the purchase order is emailed to the awarded vendor and the vehicle is placed into production it can take up to a year for the vehicle to be delivered.

The use of cooperative Agreements streamlines the procurement process by developing Request for Bids (RFBs) for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allow government agencies to offer exceptional products from nationally acclaimed vendors.

The COVID-19 pandemic and inflation has greatly impacted the purchase of vehicles for the City of Modesto, the lack of semiconductor computer chips, increase in steel surcharges and limited production from manufacturers has resulted in increased pricing and current year chassis limitations.

Approving the Fleet Replacement and Additions list at Finance Committee will significantly decrease the timeline of providing a purchase order to an awarded vendor after the bid event or cooperative Agreement has been reviewed and will decrease the possibility of prices increasing due to delays in ordering the vehicles.

FISCAL IMPACT:

The following FY 22-23 Vehicle Replacement and Additions are anticipated to be bid or the use of cooperative Agreement will be utilized within the next twelve months:

Funding Source Vehicle Count Estimated Budget Amount
American Rescue Funding 3 $ 88,000.00
Fleet Replacement Fund 56 $ 5,630,375.00
General Fund 2 $ 115,000.00
Solid Waste 1 $ 50,000.00
Surface Transportation Fund 3 $ 650,000.00
Traffic Safety Fund 2 $ 55,000.00
Grand Total 67 $ 6,588,375.00
Staff is presenting this report of upcoming Vehicle Replacements and Additions to the Finance Committee prior to seeking Council approval for award of bids. #3..
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RECOMMENDED COMMITTEE ACTION
Staff Recommendation:

Motion accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements and forwarding to Council for approval.

Approved by:

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

1. FY 22-23 Fleet Replacement and Additions List
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# Fiscal Year
Estimated
Budget Amount
Replacement or New
Addition Description of Unit Vehicle Use
1 22-23 $24,195 Replacement MOTORCYCLE TRAFFIC PD Traffic 2 22-23 $24,195 Replacement MOTORCYCLE TRAFFIC PD Traffic 3 22-23 $50,000 Replacement SUV FULL SIZE PD Training/Admin 4 22-23 $50,000 Replacement SEDAN PATROL PD Patrol
5 22-23 $50,000 Replacement SUV PATROL PD Patrol
6 22-23 $50,000 Replacement SUV PATROL PD Patrol
7 22-23 $50,000 Replacement SUV PATROL PD Patrol
8 22-23 $50,000 Replacement SUV PATROL PD Patrol
9 22-23 $50,000 Replacement SUV PATROL PD Patrol
10 22-23 $50,000 Replacement SUV PATROL PD Patrol
11 22-23 $50,000 Replacement SUV PATROL PD Patrol
12 22-23 $50,000 Replacement SUV PATROL PD Patrol
13 22-23 $50,000 Replacement SUV PATROL PD Patrol
14 22-23 $40,000 Replacement TRK 1/2 TON PU C/C MID SIZE PD Maintenance 15 22-23 $35,000 Replacement TRK 1/2 TON PU FULL SIZE EXT CAB Building Service 16 22-23 $38,000 Replacement TRK 1/2 TON PU FULL SIZE CREW CAB Park Maintenance 17 22-23 $40,000 Replacement TRK 3/4 TON EXT CAB Street Crew Maint. 18 22-23 $68,785 Replacement TRK 3/4 ton ext cab w/ goose neck Horse Trailer, Special 19 22-23 $38,000 Replacement TRK 3/4 TON FULL SIZE REG CABConcrete Maint. 20 22-23 $55,000 Replacement VAN 3/4 TON UTILITY Building Service 21 22-23 $65,000 Replacement VAN 1 TON CUTAWAY W/ LIFT GATE Building Service 22 22-23 $60,000 Replacement TRK 1 TON FLATBED/CREW/CAB Tree Maintenance 23 22-23 $160,000 Replacement TRK 1 TON PAINT/ STENCIL Street Striping 24 22-23 $130,000 Replacement TRK 14.5 W/UTILITY Street Striping 25 22-23 $130,000 Replacement TRK 14.5 CREW CAB UTILITY Street Maintenance 26 22-23 $250,000 Replacement TRK 33.0 W/ AIR COMP & SERVICE BODY Utility Water Maint. 27 22-23 $250,000 Replacement TRK 33.0 W/ AIR COMP & SERVICE BODY Utility Water Maint. 28 22-23 $250,000 Replacement TRK 33.0 W/ AIR COMP & SERVICE BODY Utility Water Maint. 29 22-23 $205,000 Replacement TRK 33.0 W/AERIAL BUCKET Forestry Maint. 30 22-23 $200,000 Replacement TRK 52.0 14 YD DUMP Concrete Maint. 31 22-23 $510,000 Replacement TRK 60.0 VACUUM 3 AXLE Storm water maint. 32 22-23 $510,000 Replacement TRK 60.0 VACUUM 3 AXLE Storm water maint. 33 22-23 $250,000 Replacement TRK 66.0 PACKER 3 AXLE Green Waste Disp. 34 22-23 $250,000 Replacement TRK 66.0 PACKER 3 AXLE Green Waste Disp. 35 22-23 $250,000 Replacement TRK 66.0 PACKER 3 AXLE Green Waste Disp. 36 22-23 $16,000 Replacement UTIL VEH 3-4 WHEEL ELECTRIC Parking Enforcement 37 22-23 $8,300 Replacement TRK CONCRETE PUSH Sidewalk Maint.

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# Fiscal Year
Estimated
Budget Amount
Replacement or New
Addition Description of Unit Vehicle Use
38 22-23 $8,300 Replacement TRK CONCRETE PUSH Sidewalk Maint. 39 22-23 $7,200 Replacement GRINDER - CONCRETE Sidewalk Maint. 40 22-23 $7,200 Replacement GRINDER - CONCRETE Sidewalk Maint. 41 22-23 $2,200 Replacement COMPACTOR VIBRA-PLATE Concrete Maint. 42 22-23 $2,200 Replacement COMPACTOR VIBRA-PLATE Concrete Maint. 43 22-23 $7,800 Replacement ROLLER WACKER Concrete Maint. 44 22-23 $40,000 Replacement FORKLIFT 6000LB Compost Ops. 45 22-23 $107,000 Replacement LOADER W/CLAW ATTACHMENT Green Waste Disp. 46 22-23 $107,000 Replacement LOADER W/CLAW ATTACHMENT Green Waste Disp. 47 22-23 $210,000 Replacement TRACTOR 4X4 Wastewater Ops. 48 22-23 $250,000 Replacement TRACTOR Airport Operations 49 22-23 $85,000 Replacement TRACTOR PD Training Center 50 22-23 $150,000 Replacement ROLLER VIBRATOR 4TON Streets Maint. 51 22-23 $18,000 Replacement LIGHT TOWER 4000 WATT Wastewater Ops. 52 22-23 $120,000 Replacement TRAILER MOUNTED VACUUM SYSTEM Utility Water Maint. 53 22-23 $22,000 Replacement TRAILER MOUNTED 325GAL STEAM CLEANER Parking Garage 54 22-23 $42,000 Replacement TRAILER PUMP MOUNTED 4" Wastewater Ops. 55 22-23 $28,000 Replacement TRAILER BACKHOE W/AIR (59844)(40083) Water Systems 56 22-23 $9,000 Replacement TRAILER, FLATBED WITH RAMPSCompost Ops. 58 22-23 $40,000 Addition SUV Fire Admin.
59 22-23 $100,000 Addition Thermoplastic Kettles/Trailer Street Striping 60 22-23 $27,500 Addition Radar Trailer Traffic Safety
61 22-23 $27,500 Addition Radar Trailer Traffic Safety
62 22-23 $500,000 Addition Street Sweeper Street Maintenance 63 22-23 $50,000 Addition TRK 1 TON FULL SIZE REGULAR CAB Blight 64 22-23 $18,000 Addition TRAILER, DUMPING Blight
65 22-23 $50,000 Addition TRK, HALF TON FULL SIZE Blight 69 22-23 $20,000 Addition Dumping trailer Blight
70 22-23 $75,000 Addition Mower, Zero Turn PD Training
71 22-23 $50,000 Addition Trailer, tanker Street Maint.

Total $6,588,375

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CITY OF MODESTO

FINANCE COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 14, 2022
Date: November 14, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Grant Management Software Subscription Agreement CONTACT: Cynthia Kline, Purchasing Manager, [email protected], 209-577-5412 DESCRIPTION:

Consider approving the purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA doing business as (dba) eCivis in the amount of $295,685 over five years and forwarding to Council for approval. (Funding Source: Information Technology Fund)
STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

City departments actively pursue new grant applications to receive funding from federal, state, and local agencies. City staff utilizes resources through government newsletters they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and other 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 available grants.

The City receives total grant awards ranging from $80 to $100 million annually from various state and federal grant agencies. This annual amount does not include the additional funding of $45.9 million in American Rescue Act funding received due to the fiscal impacts generated from COVID19. City staff utilizes a variety of existing software tools to manage grant compliance requirements defined under these grants, but none of these tools are centralized under one software. #4..
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Finance Committee, December 14, 2022
Grant Management Software Subscription Agreement

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Under Administrative Directive 7.2 Grant Management policy, this policy defines the grant management process and steps to establish better controls on local match requirements, including potential future costs which could be required as part of a grant agreement. The Finance Department prepares and presents to Council a bi-monthly informational report on both grant applications and awards authorized by the Director of Finance, the City Manager and Council.

The Finance Department has established internal grant application forms to manage the types of grants being applied for and are used to ensure local match requirements will be managed within our current budget. Preparing this report is a manual process that involves collecting, tracking and preparing a list of all grants application and awards to share with the public and City Council.

DISCUSSION:

The Finance Department coordinated with all City departments involved in the grant process to develop an evaluation team to determine what grant management software tools are available for local governments. This evaluation team conducted several demos to determine if there was a software tool that would address some of the inefficiencies in our current processes. Based on this review, there was one grant management software which was highly recommended by several local governments (City of Tracy, City of Los Angeles, City of Raleigh) of smaller, similar and larger size to Modesto called eCivis.

The eCivis solution has been serving local governments for over 20 years and serves over 400 local governments across the nation. They work closely with local governments and grant agencies to ensure their software addresses the needs of grant compliance and focuses on public sector government. Some key areas of benefits for the City of Modesto in utilizing this software include the following:
 Captures the full lifecycle of grants from the application to close-out of grant  Includes support to identify grants for City departments to apply for  Imports financial data from the City’s Enterprise Resource System (ERP) to manage the programmatic and fiscal grant data into one centralized system  Centralizes and automates key grant tasks for the full post grant award  Report capabilities to pull a list of grant applications and awards for all City departments  Establishes a platform to share this centralized grant data through our public website On November 19, 2019, Region 4 Education Service Center, Houston TX issued Request for Proposals (RFP) 19019 for an Educational Grant Management Solution on their public bidding website and various newspapers and daily business journals. On February 5, 2020, proposals were awarded for this state contract through OMNIA partners. Three hundred and one (301) companies downloaded the RFP. Nine (9) proposals were received and based on the Proposal Selection Committee and criteria outlines in the RFP, three (3) companies were awarded this contract and eCivis were ranked as one of top scorer for this contract Grant Management Solution.

The recommendations provided by their Selection Committee was aligned with the same information gathered from the City evaluation team.

OMNIA Partners is the cooperative purchasing organization that with his extensive scope of competitively-solicited local government contracts from world-class suppliers streamlines the purchasing process and helps local government agencies achieve their procurement needs and still ensure the competitive bidding requirements are met. All local government purchasing cooperative contracts from OMNIA Partners have been competitively solicited by a lead public agency and meet the public cooperative standards.
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Finance Committee, December 14, 2022
Grant Management Software Subscription Agreement

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Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-

3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. By utilizing this government agencies bidding process, the City is complying with the requirements defined under this code.

FISCAL IMPACT:

The City will allocate first year funding based on allocating funds to all City departments through the Information Technology Internal Service fund model. This cost would be allocated to all City departments based on grant applications and awards established under each department. Based on the Fiscal Year 2021-22 grant activity, the allocation of this cost is estimated below but this allocation is subject to change due to the grant activity every fiscal year. This agreement does include a 5% increase each year throughout the five year agreement.

Funding Source Estimated Allocation
Airport 2%
Capital Improvement Fund 45%
General Fund 33%
Housing Urban Development 5%
Parking Fund 2%
Solid Waste 10%
Utility Funds 3%
Total 100%
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA dba eCivis in the amount of $295,685 over five years and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
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Finance Committee, December 14, 2022
Grant Management Software Subscription Agreement

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Attachments:

1. Quote
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CITY OF MODESTO

FINANCE COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 14, 2022
Date: October 7, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Andrew Gonzales, Public Relations and Legislative Affairs Manager SUBJECT: 2023-2024 Legislative Priorities
CONTACT: Andrew Gonzales, Public Relations and Legislative Affairs Manager, [email protected], 209-571-5809
DESCRIPTION:

Consider adopting the 2023-2024 State and Federal Legislative Priorities and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This project supports the City’s (2020-2025) Strategic Plan Initiatives: Achieve long-term financial stability: Pursue new and alternative revenue sources.

BACKGROUND:

The state and federal governments allocate millions of dollars to municipalities for programs and support through appropriations and grant opportunities. State and federal governments also pass legislation that imposes regulations on municipalities that impact operations and potentially cost the city valuable resources to comply. Municipalities need to proactively engage with the legislature by taking positions, providing testimony, monitoring legislation, and employing strategic advocacy to receive funds and support. To help the City of Modesto become more active in the creation of legislation, the adoption of legislative priorities invites state and federal policymakers to engage and be partners in our Strategic Plan goals.

These legislative priorities include input and consultation from each department and make clear the fiscal or policy assistance needed to implement different department programs. This legislative platform is a tool for the City of Modesto to protect and promote the City’s interests on priority programs, legislative proposals, and other regulatory issues by providing a framework that summarizes the City’s position on policy issues, without precluding the consideration of additional legislative and budget issues that arise during legislative sessions. #5..
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Finance Committee, November 9, 2022
2023-2024 State and Federal Legislative Priorities

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The 2023 and 2024 legislative sessions at both the state and federal levels will see significant changes. The City of Modesto will have two (2) new congressional representatives as well as a new State Assemblymember and State Senator. A change in control of congress could mean the end of member-directed spending, also known as earmarks, at the federal level. If that happens, the City will need to find other avenues to attract federal dollars to fund the various policy initiatives the City will be pursuing. Finally, a hotly contested presidential race in 2024 could produce legislative opportunities and hurdles that the City must be ready to address.

DISCUSSION:

By educating and informing the State and Federal Legislature, and the Executive Branch for the state and the nation, and employing the legislative strategy outlined above, the City of Modesto would be positioned to receive additional state and federal funds and favorable legislation.

Existing federal laws such as the CARES Act, the Infrastructure Investment and Jobs Act, and the Inflation Reduction Act create funding streams and programs that the City can and will be pursuing outside of the appropriations process should member-directed spending be eliminated or amended by a future congress. Many of these legislative priorities are designed to take advantage of these existing laws and make our grant applications more competitive when funding becomes available. Should member-directed spending continue in the new congress, the City is well positioned with quality projects and appropriations requests.

Although some programs listed in these priorities have already identified the fiscal need to be implemented, some are still in the early phases of planning and discussion. These other programs are important to include because they communicate to legislators what our future goals include and could be used to create future legislation and funding opportunities. These conversations allow staff to work directly with appropriators to create sound projects and public policy to meet the goals of the City’s Strategic Plan.

Finally, the legislative priorities listed here span a 2-year period as opposed to a single year to match both the state and federal legislative calendars. For example, the 118th Congress will run from January 2023- January 2025.

FISCAL IMPACT:

Not Applicable. There is no direct fiscal impact associated with the adoption of the 2020 State and Federal Legislative Platform.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion adopting the City of Modesto 2023-2024 State and Federal Legislative Priorities and forwarding to Council for approval.
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Finance Committee, November 9, 2022
2023-2024 State and Federal Legislative Priorities

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Approved by:

Andrew Gonzalez, Public Relations and Legislative
Affairs Manager
Joseph P. Lopez, City Manager
Attachments:

1. 2023-2024 State and Federal Legislative Priorities
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CITY OF MODESTO
LEGISLATIVE PRIORITIES 2023-2024
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The City of Modesto is the 19th largest city in the State of California, and we are dedicated to preserving a great quality of life, improving economic vitality, and maintaining organizational excellence for our diverse 220,000 residents. To achieve this, the City works collaboratively with State and Federal stakeholders to help advance the priorities of Modesto.

Using the City of Modesto Strategic Plan as a guide, the following priorities seek to use the legislative process to make significant progress on our strategic plan goals. Quality of life, economic vitality, and governance and service delivery are all represented in this document.

More than just a laundry list of projects that we are seeking funding for today, these priorities are aspirational and forward-looking, and represent the desire from each City department to continually make Modesto a better place to live, work, and play.

The City of Modesto hopes that our elected leaders share in our priorities and we seek to work collaboratively to tackle to most urgent issues of our time.
• Ending and preventing homelessness by addressing the root causes. • Providing the best training and alternative police response models to ensure the right law enforcement tool for the job.
• Making Modesto MoBeautiful so our city is an attractive place for businesses and communities to thrive. • Investing in safe, efficient, and reliable infrastructure. • Driving economic vitality and making our Downtown a true entertainment destination for residents and guests. • Achieve financial stability and maintain a high-performance organization to deliver the greatest services to our residents.

Join us in helping to make Modesto the great American city that we all know it can and should be.

Sincerely,
Joseph P. Lopez
City Manager
Message from the
City Manager
Joseph P. Lopez
City Manager
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City of Modesto
Strategic Plan
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Quality of Life
The QUALITY OF LIFE Area of Focus tasks the City to engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto. To meet the needs of this area of focus, the City has identified 4 goals; Improve Community Safety, Increase Beautification Efforts, Develop a Homelessness and Housing plan, and Provide Safe, Efficient, and Reliable Infrastructure. The following is a list of projects and initiatives the City will be seeking legislative, regulatory, and financial assistance to achieve the goals of the Quality of Life Focus.

Community Safety
Alternative Police Response Models
Emergency Operations
Public Safety Technology and Equipment
RR Grade Crossings
Beautification Efforts
Urban Forestry
HWY 99
Illegal Dumping
Tuolumne River Development and Conservation
Park and Facility deferred Maintenance
Park and Recreation Amenity Improvements
Homelessness and Housing Plan
Camp2Home
Downtown Streets Team
Project HomeKey
Safe, Efficient and Reliable Infrastructure
Energy Efficient Upgrades and Infrastructure
Traffic Flow
Water Infrastructure
Broadband Infrastructure
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Quality of Life
Community Safety
Alternative Police Response Models
Our Modesto Police Department Officers are often sent out to calls involving domestic disputes, residents experiencing homelessness, or people suffering a mental health crisis. The mere presence of a uniformed officer, with a gun and a badge, can be enough to evoke fear and anxiety in those during these emotional and scary moments. Civilians and non-sworn professionals are often better tools to deal with these situations and can lead to better outcomes for those involved. Utilizing these alternative response models can also free up sworn officers for much more serious public safety concerns.

Programs
CHAT
HEART
Park Rangers
SOLUTION - The City of Modesto has already launched the CHAT and Park Ranger programs. They are currently funded till 2026 with the use of one-time dollars from the American Rescue Plan Act.

These funds also do not fund these programs for 24-hour operations. The City is seeking $8 million to fund the Mental Health Crisis and Response System (MCERT) which includes the CHAT, HEART, and Park Ranger Programs.

Emergency Operations
In a major natural disaster or large-scale public emergency, we rely on our police and fire departments to get us through safely. We need our public safety professionals to have the best equipment and the highest levels of training.

Programs
Emergency Operations Center (EOC)
Emergency Vehicle Operations Center (EVOC)
Incident Management Command Vehicle
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Quality of Life
Community Safety
Public Safety Technology and Equipment
Either by legislative mandate or a desire for greater efficiency technology is representing a greater share of police and fire response needs.

There are also tools and equipment that can lead to crime and fire prevention that saves lives, property, and valuable staff time.

Programs
Federally Mandated Radio Encryption
UAV Network
Heavy Equipment for Fire Fuel Elimination
SOLUTION - The US Justice Department has mandated that police departments encrypt their radio communications to preserve the secrecy of the public when their names and addresses are broadcast on the system. New radio and communications equipment will need to be purchased to meet the new regulations. The City will be requesting $700,000 in federal assistance to fund the purchase of this new equipment.

SOLUTION - The City of Modesto is an urban city set in a rural landscape. We are surrounded and filled with trees, fields, and open spaces. These open spaces are often fuel for wildfires that can spread to homes and businesses. The City will be requesting $1.5 million in federal and state assistance to fund the purchase of heavy earth-moving equipment as part of its preemptive fire prevention efforts.

Railroad Crossings
Programs
Quiet Zones
Railroad Crossing Elimination
SOLUTION - In a half-mile stretch adjacent to the downtown district and the proposed transit-oriented community, there are 5 rail crossings.

The railroad runs approximately 20 times per day. That means that per FRA regulations, Union Pacific must sound their horns 400 times per day in our thriving downtown district. The at-grade crossings also present a public safety hazard. The City of Modesto will be requesting $5 million in state and federal assistance to make safety improvements to 6 grade crossings between 8th and 9th Street that eliminate the need for the trains to use their horns when crossing.
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Quality of Life
Beautification Efforts
Parks and Recreation
Once considered a jewel of Modesto, the City’s parks have fallen into disrepair due to constant budget cuts and neglect. The City’s parks and facilities have over $100 million in deferred maintenance that only grows the longer it is ignored. The City has an aggressive plan to not only preserve but expand the park and recreation offerings here in the City and to restore the system to its former glory.

Programs
Awesome Spot
Boy and Girls Club Golf Course
John Thurman Soccer Field
Mancini Bowl
Mancini Park
Surveillance Cameras
Tuolumne River Regional Park
Turf Replacement
SOLUTION - In this era of widespread focus on inclusion, the City of Modesto is a proud partner with the community and local businesses in creating the Awesome Spot Playground. This is a once-in-a-generation opportunity to expand recreational opportunities to families with children of all ability levels. It is anticipated that this playground will serve, much more than just the City of Modesto, and it will become a regional hub for recreational access. The City is seeking $3 million in state and federal assistance to close the funding gap.

SOLUTION - The Tuolumne River Regional Park Gateway Parcel has been designed to provide community experiences in a beautiful outdoor setting. The proposed project would take this undeveloped land under the 9th street bridge and adjacent to the Tuolumne River and create a space where amazing community events could be planned. The proposed renovation would include a park access road, parking, trails, an events plaza, picnic areas, an amphitheater, security lighting, security cameras, landscape and irrigation, and various other site amenities. The total estimated project cost is anticipated to be approximately $5 million.
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Quality of Life
Beautification Efforts
Other Beautification Efforts
As part of the City’s strategic plan, investments in beautification efforts include updating blight abatement codes, evaluating waste removal policies, developing a solid waste plan increasing the availability of bulky item pick up, and creating a comprehensive tree maintenance program. Modesto can be MoBeautiful.

Programs
Bulky Item Drop off Events
Hwy 99 MoBeautiful
Urban Forestry
Solution- Our first bulky item drop-off day, in collaboration with Cal Trans, was a massive success.

Nearly 55 tons of bulky items, trash, mattresses, and e-waste were collected. 336 vehicles including trailers and U-haul trucks were serviced and after staying out an additional 2 1/2 hours, 70 vehicles were turned away. There is a great need for this
service and the success of this event needs to be
replicated. The City will be seeking $1 million to
hold regular bulky item drop-off events.
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Quality of Life
Homeless and Housing Plan
Homelessness
Homelessness is an epidemic that has impacted nearly every community in California. California has the highest number of unaccompanied youth, veterans, and chronically homeless in the United State.

The City’s strategic plan calls for the city to implement a comprehensive action plan that reduces encampments, identifies supportive services, and identifies permanent housing opportunities. The issue of Homelessness is not unique to Modesto, but our plan to deal with it has been unique and robust.

Programs
Camp2Home
Downtown Streets Team
Project HomeKey
Solution- The Traveler’s Hotel in central Modesto on 9th street is an older motel in the city. It has been identified as a potential project Homekey location. The City is seeking $5 million for the purchase and renovation of the Travelers Hotel to be converted into permanent supportive homeless housing.

Solution- The City of Modesto launched the Camp2Home initiative in January 2021 focused on expanding our Homeless Engagement Assessment and Response Team (HEART), supporting our shelters with additional capacity and funding, offering a robust job training and employment pipeline, and providing subsidized housing to individuals experiencing homelessness. The City is seeking $1 million to expand these service opportunities for our homeless populations. #5..
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Quality of Life
Safe, Efficient, Reliable Infrastructure
Infrastructure
As part of the City’s strategic plan to ensure safe, efficient, and reliable infrastructure a proactive approach to community investments, maintenance, and sustainability efforts is called for.

Programs
Solar and Energy Efficiency Upgrades at all City Facilities Zero Emission Fleet, Equipment, and Charging Stations
County Island Infrastructure
Traffic Flow Improvements
Water Infrastructure
Stop the Water Grab
Solution- Stop the Water Grab! Water grab proponents are using their versions of faulty science to justify the increase in river flows from the Stanislaus, Tuolumne, and Merced Rivers into the Sacramento River Delta. Water grab proponents are partnering with Southern California water agencies, in the name of saving spawning steelhead trout and salmon, which require “cool waters” which are located in the dams, to help entice fish to spawn. This requirement forces irrigation districts to keep less water behind their dams for fish flow and prevents them from storing water for irrigation purposes. This is why Modesto, Turlock, Oakdale, South San Joaquin, and Merced Irrigation Districts are opposed to this plan.

Solution- In January of 2020, the City Council accepted the Modesto Traffic Signal System Master Plan which analyzes the city’s traffic signal operation and proposed future modifications system-wide.

The Master Plan details specific Intelligent Transportation System (ITS) elements that the city should use to upgrade and implement within our traffic signal system infrastructure. These upgrades will serve to improve air quality, traffic flow, and pedestrian safety for residents and visitors of our city. The four corridors identified in the project scope, Briggsmore Avenue, Standiford Avenue/Sylvan Avenue, Oakdale Road, and Pelandale Avenue, provide vital connections throughout the city, and are a vital piece of our Master Plan. The City is seeking $16 million for the ITS Implementation Four Corridors Project. #5..
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Economic Vitality
The Economic Vitality Area of Focus seeks to retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation. The stated goals to achieve economic vitality include driving the success of a vibrant and economically sustainable business climate, building and promoting a recognizable and desirable identity for the City of Modesto, and making downtown Modesto a regional destination.

Drive Economic Vitality
Stanislaus 2030
Utility, License, & Tax Assistance for Business
Broadband Infrastructure
Make Downtown a Destination
Quiet Zones
Downtown Revitalization and Development
Transit Center Development
Solution: Business License/Mill Tax Assistance
Program- In the wake of the pandemic, some businesses
have struggled to recover, and some have fallen behind on their business licensing and taxes. Helping business cover these expenses not only keep businesses open
and saves jobs, but also helps the City recover
the lost revenue the taxes and fees would have
generated. The City is seeking $700,000 to fund
a Business License/Mill Tax Assistance Program.
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Governance and
Service Delivery
The Governance and Service Delivery Area of Focus tasks the City to build community trust through responsive, transparent, and efficient service delivery. The stated goals to achieve greater governance and service delivery include achieving long-term financial sustainability, promoting trust and engagement between the community and the city, and building a high-performing organization.

Achieve Financial Sustainability
Utility Billing Assistance Program
Unfunded Mandates
Funding Fairness Formulas
Regulatory Burdens
High-Performance Organization
Information Technology Infrastructure
First Responder Physical and Mental Wellness
Streamline Project Review
Solution: Utility Billing Assistance Program - During the pandemic, many utility customers were unable to pay their bills due to a loss of their job or income. The State of California also called for a prohibition of utility shutoffs during this time. Numerous state and federal programs were developed to assist utility customers in paying their past-due bills, but even with this assistance, many customers are still behind.

With the end of the state and federal programs, the City has resumed shut-offs of utility customers for failure to pay. The City is seeking $1.5 million to fund a Utility Assistance Program for the City utility customers. This program would not only prevent future utility customer shutoffs but would also help the City recover lost revenue from services that have already been provided.
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CITY OF MODESTO

FINANCE COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 14, 2022
Date: October 24, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Andrew Gonzales, Public Relations and Legislative Affairs Manager SUBJECT: First Amendments to Agreements with Townsend Public Affairs and Van Scoyoc Associates
CONTACT: Andrew Gonzales, Public Relations and Legislative Affairs Manager, [email protected], 209-571-5809
DESCRIPTION:

Consider approving a First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services to a new total amount of $215,000, and Van Scoyoc Associates for Federal Advocacy Services to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023, and forwarding to Council for approval. (Funding Source: General Fund, Water Fund, and Surface Transportation Funds) STRATEGIC PLAN ELEMENT:

This project supports the City’s (2020-2025) Strategic Plan Initiatives: Achieve long-term financial stability: Pursue new and alternative revenue sources.

BACKGROUND:

Local government agencies rely on the expertise of state and federal government consultants to represent their respective government agencies in Sacramento and Washington DC. This service includes legislative monitoring and analysis, state budget advocacy, monitoring grant opportunities, and advocacy. State and federal advocacy services also provide support with identifying legislation and agency policies that may affect cities and reflect how the proposed policy or legislation may supplement or hinder the progress of an existing initiative or issue. The consultants work with the legislature or corresponding offices to recommend amendments to policies that reflect the City’s interests and priorities. #6..
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Finance Committee, December 14, 2022
First Amendments to Agreements with Townsend Public Affairs and Van Scoyoc Associates

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The current contracts with Townsend Public Affairs and Van Scoyoc Associates were executed on April 28, 2020, for two years with an optional one-year extension. That extension was executed in April of 2022. The current contracts are set to expire on April 27, 2023.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue two formal Request for Proposals (RFP) for consultants to perform state and federal advocacy services on behalf of the City. In August 2019, the Purchasing Division issued RFP Nos. 1819-65 and 1819-66.

Prospective proposers were notified online and via email of the opportunity. On September 3, 2019, proposals were formally opened by the City Clerk’s Office, and the City received four (4) responsive and responsible proposals for both RFP’s; none of the proposals were from local vendors.

Based on the recommendations provided by an interdepartmental committee, the award for state advocacy services is recommended to Townsend Public Affairs, for an annual amount not to exceed $60,000, and the award for federal advocacy services is recommended to Van Scoyoc and Associates for an annual amount not to exceed $90,000. Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures.

The scope of work will primarily include support for the City by securing additional funding and favorable legislation. Interdepartmental staff will meet with the consultants on a monthly basis, and as issues arise to help ensure that staff is aware and can provide policy direction regarding support or opposition. The consultants will also provide support with the following:
 Identifying funding opportunities and providing support to the city in securing these funds;
 Providing support with creating a comprehensive legislative strategy that is designed to help city departments leverage support from the State and Federal governments;  Providing a detailed analysis of government activity on issues that affect the City, and offer recommendations for the City; and
 Arranging meetings and advising staff and council through meetings with key legislators and government departments to help position the City for funding opportunities, favorable legislation, or support with defeating unfavorable legislation.

The month of April is in the middle of the state legislative calendar and is not an ideal time to change lobbying firms. It could leave our legislative priorities without representation at a very crucial moment in the appropriations process. By extending the contract to the end of November 2023, a new lobbying contract could begin before the next legislative session in 2024.

During this extension, the City will be able to do a thorough evaluation and RFP process and plan for a potential next lobbying contract and implementation of the City’s legislative priorities.

FISCAL IMPACT:
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First Amendments to Agreements with Townsend Public Affairs and Van Scoyoc Associates

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The cost of $87,500 will be absorbed within the General Fund, Water Fund, and Surface Transportation Funds. Funds shall be budgeted accordingly, and the following accounts shall be charged for the associated activity related to the accounts:

Fund Name Distribution Amount
General Fund $60,177
Surface Transportation Fund $4,846
Water Fund $22,477
Total All Funds Budget $87,500
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services by $35,000 from $180,000 to a new total amount of $215,000, and Van Scoyoc Associates for Federal Advocacy Services by $52,500 from $270,000 to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023; and forwarding to Council for approval.

Approved by:

Andrew Gonzalez, Public Relations and Legislative
Affairs Manager
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment- Townsend

2. First Amendment- Van Scoyoc

3. Original Executed Agreement – Townsend

4. Original Executed Agreement – Van Scoyoc

5. Original Resolution– Townsend- 2020-189

6. Original Resolution– Van Scoyoc- 2020-190
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1 FIRST AMENDMENT TO AGREEMENT

WITH TOWNSEND PUBLIC AFFAIRS
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 Townsend Public Affairs, a California Corporation (hereinafter “Contractor”) entered into by the parties on the 28th day of April, 2020, (the “Agreement”), hereinafter referred to as “Original Agreement.”

RECITALS
This First Amendment is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an agreement for State Advocacy Services on the 28th day of April, 2020 (the “original Agreement”).

WHEREAS, CITY and CONTRACTOR desire to amend the agreement to extend the term of the agreement, and
WHEREAS, CITY and CONTRACTOR desire to increase compensation.

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

1. TERM OF AGREEMENT, Section 2, paragraph 1, shall be replaced in its entirety with the following:

This agreement is effective as of the date first written above and will continue in effect through November 28, 2023; and

2. COMPENSATION, Section 3, shall be replaced in its entirety with the following:
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2 Consultant agrees to accept a sum not to exceed $215,000 over the term of the agreement as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit A of the Original Agreement and for performance by Consultant of all of its duties and obligation under this agreement; and

3. Except as modified and amended by this FIRST AMENDMENT to 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 Agreement for State Advocacy Services by its City Manager and attestation by its City Clerk on the ________ day of ___________, 2023, and Townsend Public Affairs has caused this First Amendment to be duly executed. #6..
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1 FIRST AMENDMENT TO AGREEMENT
WITH VAN SCOYOC ASSOCIATES, INC.

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 Van Scoyoc Associates, Inc., a Washington DC Corporation (hereinafter “Contractor”) entered into by the parties on the 28th day of April, 2020, (the “Agreement”), hereinafter referred to as “Original Agreement.”

RECITALS
This First Amendment is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an agreement for Federal Advocacy Services on the 28th day of April, 2020 (the “original Agreement”).

WHEREAS, CITY and CONTRACTOR desire to amend the agreement to extend the term of the agreement, and
WHEREAS, CITY and CONTRACTOR desire to increase compensation.

1. TERM OF AGREEMENT, Section 2, paragraph 1, shall be replaced in its entirety with the following:

This agreement is effective as of the date first written above and will continue in effect through November 28, 2023; and

2. COMPENSATION, Section 3, shall be replaced in its entirety with the following:
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2 Consultant agrees to accept a sum not to exceed $322,500 over the term of the agreement as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit A of the Original Agreement and for performance by Consultant of all of its duties and obligation under this agreement; and

3. Except as modified and amended by this FIRST AMENDMENT to 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 Agreement for Federal Advocacy Services by its City Manager and attestation by its City Clerk on the ________ day of ___________, 2023, and Van Scoyoc Associates, Inc. has caused this First Amendment to be duly executed. #6..
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04/25/2020/CMO/EGarcia/Item 3 1 2020-189

MODESTO CITY COUNCIL
RESOLUTION NO. 2020-189

RESOLUTION APPROVING THE AWARD OF PROPOSALS AND

AGREEMENT FOR CONSULTANT SUPPORT WITH STATE ADVOCACY

SERVICES TO TOWNSEND PUBLIC AFFAIRS FOR A TWO-YEAR
AGREEMENT WITH ONE 1-YEAR EXTENSION FOR AN ANNUAL COST
NOT TO EXCEED $60,000, AND FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $180,000, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the state government allocates several million dollars for cities for programs and support with policy adoption on an annual basis, and WHEREAS, local government agencies rely on the expertise of state and federal government consultants to represent their respective government agencies in Sacramento and Washington DC, and
WHEREAS, best practices show that cities and organizations alike need to proactively engage with legislature by taking positions, providing testimony, monitoring legislation, and employing strategic advocacy to receive favorable legislation and funding, and
WHEREAS, state advocacy services provide support with identifying legislation and agency policies that may affect cities and reflect how the proposed policy or legislation may supplement or hinder the progress of initiatives or issues, and WHEREAS, the City most recently had an agreement with Pillsbury, Winthrop, Shaw, Pittman, LLP for federal advocacy services through 2016, as approved by Resolution 2014-245, and
WHEREAS, in light of the increasing local demands on cities related to such challenges as COVID-19 (Coronavirus), homelessness, deferred maintenance of critical #6..
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04/25/2020/CMO/EGarcia/Item 3 2 2020-189
infrastructure, emission standards, orders to reduce water usage, and others, the City is seeking to re-establish an agreement for state advocacy services, and WHEREAS, the City Manager authorized the Purchasing Manager to issue formal Request for Proposals (RFP) for consultants to perform state advocacy services on behalf of the City, and
WHEREAS, on September 3, 2019, proposals were formally opened by the City Clerk’s Office, and the City received 4 responsive and responsible proposals for this RFP, none of which were from local vendors, and
WHEREAS, scope of work will primarily include support for the City to secure additional funding and favorable legislation through the following methods:
• Identifying funding opportunities and providing support to the City in securing these funds;
• Providing support with creating a comprehensive legislative strategy that is designed to help City departments leverage support from the State and Federal governments;
• Providing detailed analysis of government activity on issues that affect the City, and offer recommendations for the City; and
• Arranging meetings and advising staff and Council through meetings with key legislators and government departments to help position the City for funding opportunities, favorable legislation, or support with defeating unfavorable legislation,
WHEREAS, based on the recommendations provided by an interdepartmental evaluation committee, the award of the RFP for state advocacy services is recommended to be awarded to Townsend Public Affairs, for an annual amount not to exceed $60,000, and
WHEREAS, the City intends to enter into a two-year agreement with one 1-year extension for total cost not-to-exceed $180,000.
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04/28/2020/CMO/EGarcia/Item 3 1 2020-190

MODESTO CITY COUNCIL
RESOLUTION NO. 2020-190

RESOLUTION APPROVING THE AWARD OF PROPOSALS AND

AGREEMENT FOR CONSULTANT SUPPORT WITH FEDERAL ADVOCACY

SERVICES TO VAN SCOYOC AND ASSOCIATES FOR A TWO-YEAR
AGREEMENT WITH ONE 1-YEAR EXTENSION FOR AN ANNUAL COST
NOT TO EXCEED $90,000, AND FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $270,000, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the federal government allocates several million dollars for cities for programs and support with policy adoption on an annual basis, and WHEREAS, local government agencies rely on the expertise of state and federal government consultants to represent their respective government agencies in Sacramento and Washington DC, and
WHEREAS, best practices show that cities and organizations alike need to proactively engage with legislature by taking positions, providing testimony, monitoring legislation, and employing strategic advocacy to receive favorable legislation and funding, and
WHEREAS, federal advocacy services provide support with identifying legislation and agency policies that may affect cities to and reflect how the proposed policy or legislation may supplement or hinder the progress of an existing initiative or issue, and
WHEREAS, the City most recently had an agreement with Pillsbury, Winthrop, Shaw, Pittman, LLP for federal advocacy services through 2016, as approved by Resolution 2014-245, and
WHEREAS, in light of the increasing local demands on cities related to such challenges as COVID-19 (Coronavirus), homelessness, deferred maintenance of critical #6..
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04/28/2020/CMO/EGarcia/Item 3 2 2020-190
infrastructure, emission standards, orders to reduce water usage, and others, the City is seeking to re-establish an agreement for federal advocacy services, and WHEREAS, the City Manager authorized the Purchasing Manager to issue formal Request for Proposals (RFP) for consultants to perform federal advocacy services on behalf of the City, and
WHEREAS, on September 3, 2019, proposals were formally opened by the City Clerk’s Office, and the City received 4 responsive and responsible proposals for this RFP, none of which were from local vendors, and
WHEREAS, scope of work will primarily include support for the City to secure additional funding and favorable legislation through the following methods:
• Identifying funding opportunities and providing support to the City in securing these funds;
• Providing support with creating a comprehensive legislative strategy that is designed to help City departments leverage support from the State and Federal governments;
• Providing detailed analysis of government activity on issues that affect the City, and offer recommendations for the City; and
• Arranging meetings and advising staff and Council through meetings with key legislators and government departments to help position the City for funding opportunities, favorable legislation, or support with defeating unfavorable legislation,
WHEREAS, based on the recommendations provided by an interdepartmental committee, the award of the RFP for federal advocacy services is recommended to be awarded to Van Scoyoc and Associates, for an annual amount not to exceed $90,000, and WHEREAS, the City intends to enter into a two-year agreement with one 1-year extension for total cost not-to-exceed $270,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of proposals and agreement for consultant support with #6..
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CITY OF MODESTO

FINANCE COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 14, 2022
Date: November 21, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Multifamily Dwelling Bulky Item Pickup Pilot Program CONTACT: Myriah Hill, Recycling Program Coordinator, [email protected], 209-577- 5495
DESCRIPTION:

Consider approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiative: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.” BACKGROUND:

In 2019, the City of Modesto conducted citywide community surveys, which identified blight as one of the most pressing issues for residents. In the same year, the City adopted the 2020-2025 Blight Abatement Strategy, developed though collaboration with community members, local partnerships, other agencies, and internal City departments.1 The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and further action to minimize and mitigate blight.

In 2022, the Public Works Department requested an allocation from the American Rescue Plan Act2 (ARPA) funding to fund the development and implementation of a Bulky Item Pickup Program expanded to serve multifamily dwellings. On July 12, 2022, by Resolution 2022-327, 1 https://www.modestogov.com/DocumentCenter/View/18350/Blight-Abatement-Strategy-Printable-PDF 2 American Rescue Plan Act
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Council approved as part of the second allocation of the City’s Pandemic Recovery Strategy, Modesto Forward, to “improve the development of affordable housing, spur tourism and economic recovery, and address gaps in service.”
DISCUSSION:

The Blight Abatement Strategy identified the Bulky Item Pickup Program as one area that the City could enhance existing programs to better serve residents and prevent blight. The Bulky Item Pickup Program currently provides residential single-family dwelling customers up to two collections annually of items too large to dispose of in their garbage container. Bulky items include indoor and outdoor furniture, appliances, mattresses, exercise equipment, water heaters, air conditioners, and other large items.3 The City also expanded this program to include self-haul in 2020, wherein residents can request a voucher and transport their own bulky items to a transfer station without waiting for an appointment. The residential program is funded by an allocation in the residential garbage base rate that covers the cost of bulky items and illegal dumping.

Under the current program, residents who live in multifamily housing such as apartment complexes and duplexes that have solid waste service with dumpsters do not receive a Bulky Item Pickup. Dumpster service is charged as a commercial account for solid waste services and thus, does not include the bulky item and illegal dumping allocation.

Since 2019, the City has received feedback from members of the public, community organizations, and the Blight Abatement Advisory Committee that the Bulky Item Pickup Program should be expanded to include multifamily dwellings. By making it easier for more people to dispose of bulky items legally and efficiently, the City hopes to decrease incidence of illegal dumping near multifamily dwellings and in common dumping spots in the public right of way.

City staff solicited input from community members, property owners, property managers, tenants, solid waste haulers, and research on other cities’ programs through surveys, direct calls, and in-person and virtual workshops. With this input, City staff developed the following guidelines for a pilot Multifamily Dwelling Bulky Item Pickup Program:
 Appointments must be made by account holder- tenants can contact their property owners or property managers to request an appointment, but only the account holder can contact solid waste haulers to set appointment
 Bulky items must be placed in the street adjacent to the property after 6pm the day before appointment- property owners can contact the City if they deem that location unsafe, but collection will only occur on private property with an allowance from the City  Property owner is responsible for adherence with the program- including, acceptable and unacceptable items, time and location of placement, and illegal dumping as a result of improper use of the program
 Multifamily Dwelling Bulky Item Pickup Program appointments will be scheduled the first week of the month- to accommodate turn over from apartment complexes and to separate the cost of this expanded program from residential collection, multifamily appointments will only be made during the first week of the month 3 A full list of items acceptable and unacceptable items for the Bulky Item Pickup Program is located here:
https://www.modestogov.com/373
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Multifamily Dwelling Bulky Item Pickup Pilot Program

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Following the adoption of this program, the City will launch a coordinated and multilingual outreach and education program to publicize it. Outreach and education efforts will include:
 Brochures that detail the Multifamily Dwelling Bulky Item Pickup Program, including how to schedule appointments and what are acceptable items
 Door hangers and flyers specifically concerning bulky item programs and fines for illegal dumping
 In-person outreach at properties where residents can ask questions and receive more personalized information
 Visit properties that make appointments for the first year to ensure compliance FISCAL IMPACT:

The cost of this program is fully funded by a $180,000 allocation from ARPA under Resolution 2022-327. ARPA funds cover the information gathering that the City has already done to develop the program and the outreach and education that will occur during the one-year pilot.

The cost of collection and disposal is also included in this previous allocation.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
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Finance CommitteeDecember 14, 2022

Finance Committee
December 14, 2022