Stanislaus 2030 focused on five promising areas and organized into workgroups to dive deeper into the critical shifts needed around each subject area, including bioproducts and the circular economy, talent development, small business and entrepreneurship, non-skill barriers to jobs and training, and governance. Findings and strategic recommendations from these workgroups were included in the Stanislaus 2030 Investment Blueprint, which was published and presented to the larger community and the Stanislaus County Board of Supervisors in November 2022.
DISCUSSION:
To deliver on the Stanislaus 2030 Investment Blueprint, the creation of a neutral project management intermediary is essential and recommended. The Stanislaus 2030 Intermediary will lead and drive economic and workforce initiatives identified in the Stanislaus 2030 Investment Blueprint across various actors, institutions, and interests. Based on experience in other regions executing comparable efforts, the role will enable key functions to advance collective action and accountability among partners.
To achieve impact, Stanislaus 2030 will require distributed leadership and the participation of multiple organizations in the delivery of projects and programs. The Stanislaus 2030 team will not serve as the lead implementer of most projects but will offer centralized coordination and facilitate the necessary research, planning, partnership coordination, and resource development to drive the collective agenda forward. The Stanislaus 2030 team will engage in direct program delivery and project execution only in instances where an appropriate lead organization or neutral convenor does not currently exist.
Stanislaus 2030 will leverage and align existing resources and support the development of partner capacity to implement projects and deliver programming. Stanislaus 2030 prioritized projects for year one:
A. Talent Development
▪ Launch and coordinate new Manufacturing Talent-to-Industry Exchange to ensure access and pathways to quality manufacturing jobs in Stanislaus County. ▪ Support, align, and track progress of partners seeking to Upskill Ag Workforce, including Central Valley Opportunity Center and local institutions of higher education.
B. Childcare Expansion
▪ Establish necessary partnerships to develop a collaborative childcare service delivery strategy at scale, including coordination with Stanislaus County Office of Education Children and Families Division, Stanislaus County Workforce Development, and community-based organizations.
▪ Facilitate the design and launch of in-home childcare business pilot. ▪ Research and test viability of other promising practices to increase childcare slots, including childcare cooperatives and incentives for employers to offer or expand childcare options as a benefit to their employees.
C. Small Business & Entrepreneurship
▪ Commission a report to understand the flow of capital to small businesses, unmet demand for capital, and other gaps to inform development of strategies to improve capital access, such as supporting community development financial institutions (CDFIs).
▪ Facilitate the design and launch of a financial mentoring pilot that matches small business owners with technical support and expertise to improve financial stability. #9..
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▪ In coordination with municipal partners, research, explore, and advance promising business supports to catalyze small business growth, including local procurement models and streamlined permitting processes.
▪ Funded by Stanislaus Community Foundation, a consortium of financial partners (i.e. banks, Community Development Financial Institutions, and community development corporation) will explore impact investing and develop a pilot loan program potentially focused on small business.
A key finding from the Stanislaus 2030 Investment Blueprint is, based on the composition of families in the County, jobs with an hourly wage of $28.58 would offer enough opportunity for those workers to achieve self-sufficiency and economic mobility. The implementation of the Stanislaus 2030 deliverable will prompt partnerships, projects, and further analysis to help improve the availability and accessibility of jobs that pay a minimum of $28.58 – offering families enough opportunity for workers to achieve economic mobility.
To help achieve the deliverables, Stanislaus 2030 is requesting American Rescue Act Funding (ARPA) funding in the amount of $75,000 annually for the next 3 years for a total of $225,000 for the implementation of the Investment Blueprint. The City’s ARPA spending plan includes $1 million for small business support and expansion, of which approximately $610,000 is remaining that the City has committed for the implementation of the Stanislaus 2030 deliverables. Stanislaus 2030 annual operating budget for three years is listed in the table below.
Funding Sources Year One Year Two Year Three
Stanislaus County Seed Investment $200,000 $200,000 $200,000 Other Public and Private Funding
(to be confirmed) $115,000 $160,000 $175,000
City of Modesto ARPA Funds $75,000 $75,000 $75,000
Totals per year $390,000 $435,000 $450,000
To help promote social mobility for low-income and disadvantaged youth, Digital Nest, with support from the Stanislaus Community Foundation, has approached the City of Modesto for a request in the amount of $50,000 annually and $150,000 throughout a three-year contract term from the City’s allotment of American Rescue Plan Act funds. Digital Nest is a tech center based out of Salinas, California. Since 2014, Digital Nest has welcomed thousands of youths from working-class, farmworker communities in an effort to help youth develop technical and professional skills needed to join the workforce. The center focuses on technology and empowerment through three main programs, Digital Arts & Technology, Web & Information Technology, and People Projects & Leadership. Curriculum focuses on the following:
Level 1 – Youth drop-in, co-working, and career development. Level 2 – Open enrollment job training program. Approximately 258 non unique members, annually participate in NEST programming at this higher level of engagement.
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Level 3 – Career technical education (CTE) program, aka “Linked Pathways.” High school and community college students participate in specialized career training at each site.
Level B—bizzNEST Learn & Earn Program. 15-18 unique trainees, employed annually at 25%-50% FTE, earning $15-$18 per hour. "B" stands for bizzNEST, an in-house media creation service. In bizzNEST, members apply their advanced training through paid work on web, video, and graphic design projects for real, paying clients.
Since the initial launch in 2014, Digital Nest has expanded their operations to Watsonville, Gilroy, and Stockton. Digital Nest is in the final stages of securing their Modesto location in downtown and have a projected timeline to open enrollment in Fall 2023. They also anticipate hiring staff, conducting a soft launch, and beginning to do community outreach in Summer 2023.
Digital Nest is requesting ARPA funding in the amount of $50,000 annually for the next 3 years for a total of $150,000 from the ARPA budget line item dedicated to Stanislaus 2030. The City’s ARPA spending plan includes $1 million for small business support and expansion, of which approximately $610,000 is remaining that the City has committed for the implementation of the Stanislaus 2030 deliverables. The Digital Nest annual operating budget is $575,000 and they have already acquired funding from other sources in the amount of $525,000 with support from the Stanislaus Community Foundation.
The table below reflects the $50,000 requested contribution from the City of Modesto under the Government/Education line item, which makes up less than 10% of their annual operating budget.
Sources of Revenue Years 1-3 (Annual Allocation) Year 4+ Individuals/Fundraising $175,000 $175,000
Foundations $75,000 $200,000
Corporate $50,000 $50,000
Government/Education $50,000 $0
Anonymous Major Donor $200,000 $100,000
Program Revenue $25,000 $75,000
Totals per year $575,000 $600,000
Digital Nest has confirmed that funding from the City of Modesto will not be requested after the initial three-year contract. Digital Nest has a sustainability plan to fund their operation through increases to their program revenue, fundraising and foundation contributions following their initial three-year plan. They have demonstrated the ability to sustain their operations with their offices in Watsonville and Salinas where additional funding from the host jurisdiction was not requested following the initial three-year period.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which 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 his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate #9..
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with the desired quality.” For these two proposed agreements, the desired expansion of the two nonprofits would not be feasible without the financial support from other private and public partners.
FISCAL IMPACT:
The cost of the agreement with Stanislaus 2030 is not to exceed $75,000 annually and $225,000 for the three-year term. The cost of the agreement with Digital Nest is not to exceed $50,000 annually and $150,000 for the three-year term. Both agreements are using American Rescue Plan Act tranche one funds allocated to Small Business Attraction, Retention, and Expansion.
The remaining allocation for this category is $610,000 and after the award there will be $460,000 remaining Sufficient funds are currently budgeted in this account. There is no impact to the General Fund.
COMMITTEE RECOMMENDATION:
On June 5, 2023, the Economic Development Committee approved this item and forwarded to council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Agreement with The Stanislaus Community Foundation for the implementation of the Stanislaus 2030 Investment Blueprint for a total amount not to exceed $225,000 over three years and approving an Agreement with Digital Nest to provide Technical and Professional Skills to underserved youth for a total amount not to exceed $150,000 over three years and authorizing the City Manager or his designee to execute the Agreements.
Approved by:
Jessica Hill,
Interim Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution Funding Stanislaus 2030 and Digital Nest
2. Agreement with Digital Nest
3. Agreement with Stanislaus 2030
4. Stanislaus 2030 Investment Blueprint
5. Digital Nest Overview
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07/11/2023/CED/JHill/Item # 1 2023-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING AN AGREEMENT WITH THE STANISLAUS
COMMUNITY FOUNDATION FOR THE IMPLEMENTATION OF THE
STANISLAUS 2030 INVESTMENT BLUEPRINT FOR A TOTAL AMOUNT NOT TO EXCEED $225,000 OVER THREE YEARS AND APPROVING AN
AGREEMENT WITH DIGITAL NEST TO PROVIDE TECHNICAL AND
PROFESSIONAL SKILLS TO UNDERSERVED YOUTH FOR A TOTAL
AMOUNT NOT TO EXCEED $150,000 OVER THREE YEARS AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
THE AGREEMENTS
WHEREAS, at the heart of Stanislaus 2030 economic development study, were two essential questions: how a more resilient economy for more residents to experience financial well-being be built and how can industry and small business growth in the next decade and beyond be supported; and
WHEREAS, the Stanislaus 2030 effort was co-led by local business leaders, higher education and government partners alongside labor and community-based organizations, Stanislaus 2030 articulates a concrete plan for community members to achieve economic mobility by building an economy that is diverse, inclusive, connected, vibrant, and sustainable; and
WHEREAS, the study includes a comprehensive market assessment and governance report developed by advisors from the Brookings Institution, from Washington DC. Stanislaus 2030 used frameworks for both drivers of resilient economies (talent, innovation, traded sectors) and analyzed the enablers of economic vibrancy (infrastructure and governance); and
WHEREAS, to deliver on the Stanislaus 2030 Investment Blueprint, the creation of a neutral project management intermediary is essential and recommended; and WHEREAS, the Stanislaus 2030 Intermediary will lead and drive economic and #9..
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workforce initiatives identified in the Stanislaus 2030 Investment Blueprint across various actors, institutions, and interests; and
WHEREAS, to achieve the desired impact, Stanislaus 2030 will require distributed leadership and the participation of multiple organizations in the delivery of projects and programs; and
WHEREAS, Stanislaus 2030 prioritized projects for year one; Talent Development, Childcare Expansion, Small Business and Entrepreneurship; and WHEREAS, a key finding from the Stanislaus 2030 Investment Blueprint is, based on the composition of families in the County, jobs with an hourly wage of $28.58 would offer enough opportunity for those workers to achieve self-sufficiency and economic mobility; and
WHEREAS, to help achieve the deliverables, Stanislaus 2030 is requesting ARPA funding in the amount of $75,000 annually for the next 3 years for a total of $225,000 for the implementation of the Investment Blueprint; and
WHEREAS, the City’s ARPA spending plan includes $1 million for small business support and expansion, of which approximately $610,000 is remaining that the City has committed for the implementation of the Stanislaus 2030 deliverables; and WHEREAS, to help promote social mobility for low-income and disadvantaged youth, Digital Nest, with support from the Stanislaus Community Foundation, has approached the City of Modesto for a request in the amount of $50,000 annually and $150,000 throughout a three-year contract term from the City’s allotment of American Rescue Plan Act funds; and
WHEREAS, Digital Nest is a tech center based out of Salinas, California. Since 2014, Digital Nest has welcomed thousands of youths from working-class, farmworker #9..
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communities in an effort to help youth develop technical and professional skills needed to join the workforce; and
WHEREAS, the center focuses on technology and empowerment through three main programs, Digital Arts & Technology, Web & Information Technology, and People Projects & Leadership; and
WHEREAS, Digital Nest has confirmed that funding from the City of Modesto will not be requested after the initial three-year contract. Digital Nest has a sustainability plan to fund their operation through increases to their program revenue, fundraising and foundation contributions following their initial three-year plan; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.”
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with Stanislaus 2030 for the implementation of the Stanislaus 2030 Investment Blueprint for a total amount not to exceed $225,000 over three years.
BE IT FURTHER RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with Digital Nest to provide Technical and Professional Skills to Underserved Youth for a total amount not to exceed $150,000 over three years.
BE IT FURTHER RESOLVED, that the City Manager or his designee to execute #9..
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the agreements, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: None
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Funding Contribution Agreement – Digital NEST
CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD
GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of ____________ 20_____ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Digital NEST, a California nonprofit corporation (“Recipient”). The City and Digital NEST shall be collectively referred to hereinafter as the “Parties”.
This Agreement is made with regard to the following recitals:
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which includes ARPA funding, to programs supporting the economic recovery initiatives; and WHEREAS, on July 11, 2023, the City Council adopted Resolution No. 2023-___, awarding a grant of One-Hundred Fifty Thousand Dollars ($150,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.
NOW THEREFORE, the City and Recipient agree as follows:
1. Term
The term of this Agreement (the “Term”) shall commence upon the effective date and shall terminate upon the Recipient’s completion of all requirements of this Agreement as identified in Exhibit A.
2. Grant Award
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A. The City shall provide Recipient with a grant of City of One-Hundred Fifty Thousand Dollars ($150,000) (the “Grant”) for the purposes and activities further specified in Exhibit A, attached hereto and incorporated by referenced (the “Activities”).
Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City.
B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.
Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.
C. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto.
D. Recipient shall expend the entirety of the Grant by no later than December 31, 2026.
Any portion of the Grant that has not been expended by December 31, 2026 shall be returned to the City no later than January 10, 2027.
3. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.
The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.
B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.
4. QUARTERLY Reporting Requirements
Recipient shall submit quarterly reports to the City on the form attached hereto as Exhibit D, and incorporated herein by reference, or on such other form as required by the City.
5. Annual Reporting Requirements
Recipient shall submit an annual report, in accordance with the requirements set forth in Exhibit C, attached hereto and incorporated herein, to the City within 180 days of the end of the Recipient’s fiscal year in a form approved by the City. The annual report shall be in addition to the reporting required by Section 4, and shall include:
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A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts); E. Any other information reasonably requested by the City.
6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.
B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.
C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.
Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.
7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City.
8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:
A. The Recipient fails to provide the Activities, or any portion of the Activities, described in Exhibit A of this Agreement or substandard performance of the Activities;
B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the Activities; C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.
D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.
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E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or t fails to provide any documentation requested by the City in accordance with the terms of this agreement;
G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach;
9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances, orders, and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq. Without limiting the foregoing, Recipient shall comply with ARPA, the regulations implements ARPA (31 CFR Part 35), any interpretative guidance issued by the United Stated Department of Treasury, and those Grant terms and conditions attached hereto as Exhibit B, and incorporated herein.
10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.
11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City.
B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any #9..
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individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement.
12. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.
The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall #9..
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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 Recipient 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 Recipient 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 Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient'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 Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the RECIPIENT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the RECIPIENT’S insurance and shall not contribute with it.
13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, #9..
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contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.
14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first-class mail to the respective Parties as follows:
To City:
City of Modesto
Attn: Jessica Hill, Interim Director of Community and Economic Development 1010 10th Street
Modesto, CA 95353
To Recipient:
Digital Nest
Attn: Executive Director
1961 Main Street, #221
Watsonville, CA 95076
15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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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 the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient 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 the Recipient. 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 the Recipient 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 the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.
The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
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work of the subcontractor to be joined. The Recipient’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.
17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and
18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.
19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.
B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.
C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
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D. Business License. Recipient will have a valid City of Modesto Business License.
E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.
F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.
G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.
IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.
CITY OF MODESTO
By: ______________________________
Joseph P. Lopez
City Manager
City of Modesto, State of California
ATTEST: ___________, City Clerk of the City of Modesto, State of California By: ______________________________
City Clerk
APPROVED AS TO FORM:
Jose M. Sanchez,
City Attorney
By: _______________________________
City Attorney
Digital Nest
By: ______________________________
Title: ______________________________
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EXHIBIT A
SCOPE OF WORK
Digital Nest
Objective
Provide technical and professional skills to underserved youth who are low-to-moderate income (LMI) eligible.
Target Goals
Assist youth become “career-ready” for tech-involved jobs by providing technical and soft skills training. Anticipated new members are as follows:
156 members - year 1 (avg. 13 new members per month)
168 members - year 2 (avg. 14 new members per month)
181 members - year 3 (avg. 15 new members per month)
Proposed Activities
Digital Nest focuses on technology and empowerment through three main programs, Digital Arts & Technology, Web & Information Technology, and People Projects & Leadership.
Curriculum focuses on the following:
Level 1 – Youth drop-in, co-working, and career development.
Level 2 – Open enrollment job training program. Approximately 258 non unique members, annually participate in NEST programming at this higher level of engagement.
Level 3 – Career technical education (CTE) program, aka “Linked Pathways.” High school and community college students participate in specialized career training at each site.
Level B—bizzNEST Learn & Earn Program. 15-18 unique trainees, employed annually at 25%-50% FTE, earning $15-$18 per hour. "B" stands for bizzNEST, an in-house media creation service. In bizzNEST, members apply their advanced training through paid work on web, video, and graphic design projects for real, paying clients.
Determine eligibility of participants in this program using the participant's household income based on HUD income guidelines.
Measurable Equitable Outcomes
1. Number of youths served for each
program year
2. Number of students with
internships
3. Demographics of students 4. Household income
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EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S. Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2026.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.
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7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.
Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
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v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of #9..
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the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S.
Department of the Treasury.”
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.
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b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
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ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.
For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.
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4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s subgrantees, contractors, subcontractors, successors, transferees, and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9. 10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient #9..
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also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. #9..
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EXHIBIT C
ANNUAL REPORTING REQUIREMENTS
Contractor shall use Exhibit C to provide an annual performance report.
The initial report will cover the period from the date the contract was executed to the following June 30, and will be due to the Recipient within 15 days after the end of the reporting period.
Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 days after the end of the 12-month period (by July 15).
Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.
The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period.
Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 calendar days after the end of the 12-month period (by July 15).
Annual Report Period Covered Due Date
1 July 1, 2023 – June 30, 2024 July 15, 2024
2 July 1, 2024 – June 30, 2025 July 15, 2025
3 July 1, 2025 – June 30, 2026 July 15, 2026
4 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:
Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.
Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.
Text in italics represents the requirements from the Reporting Guidance and is meant to serve as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to Recipient.
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EXHIBIT D
QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Contractor shall use Exhibit D to provide a quarterly project and expenditure report.
The initial report will cover the period from the date the contract was executed through the end of the quarter, and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and contractors will be required to submit the report to Recipient within 15 days after the end of the quarter.
ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity:
Project Name:
Reporting Period Start Date:
Reporting Period End Date:
Expenditure Category:
2.25 Addressing Educational Disparities: Academic, Social, and Emotional Services * ^ Please provide a brief description of the activities conducted:
Category Cumulative
Expenditures to
date ($)
Cumulative
Obligations
to date ($)
Current Period
Expenditures
Current Period
Obligations
2 Negative Economic Impacts
[PLEASE SELECT ONE]
5073284.1
PROJECT
EXPENDITURES
PROJECT STATUS
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Funding Contribution Agreement – Stanislaus Community Foundation
CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD
GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of __________ 2023 (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Stanislaus Community Foundation, a California nonprofit corporation (“Recipient”). The City and Stanislaus Community Foundation, shall be collectively referred to hereinafter as the “Parties”.
This Agreement is made with regard to the following recitals:
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which includes ARPA funding, to programs supporting the economic recovery initiatives; and WHEREAS, on July 11, 2023, the City Council adopted Resolution No. 2023-___, awarding a grant of Two-Hundred Twenty-Five Thousand Dollars ($225,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.
NOW THEREFORE, the City and Recipient agree as follows:
1. Term
The term of this Agreement (the “Term”) shall commence upon the effective date and shall terminate upon the Recipient’s completion of all requirements of this Agreement as identified in Exhibit A.
2. Grant Award
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Funding Contribution Agreement – Stanislaus Community Foundation A. The City shall provide Recipient with a grant of City of Two-Hundred Twenty-Five Thousand Dollars ($225,000) (the “Grant”) for the purposes and activities further specified in Exhibit A, attached hereto and incorporated by referenced (the “Activities”). Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City.
B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.
Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.
C. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto.
D. Recipient shall expend the entirety of the Grant by no later than December 31, 2026.
Any portion of the Grant that has not been expended by December 31, 2026 shall be returned to the City no later than January 10, 2027.
3. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.
The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.
B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.
4. QUARTERLY Reporting Requirements
Recipient shall submit quarterly reports to the City on the form attached hereto as Exhibit D, and incorporated herein by reference, or on such other form as required by the City.
5. Annual Reporting Requirements
Recipient shall submit an annual report, in accordance with the requirements set forth in Exhibit C, attached hereto and incorporated herein, to the City within 180 days of the end of the Recipient’s fiscal year in a form approved by the City. The annual report shall be in addition to the reporting required by Section 4, and shall include:
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Funding Contribution Agreement – Stanislaus Community Foundation A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts); E. Any other information reasonably requested by the City.
6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.
B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.
C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.
Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.
7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City.
8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:
A. The Recipient fails to provide the Activities, or any portion of the Activities, described in Exhibit A of this Agreement or substandard performance of the Activities;
B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the Activities; C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.
D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.
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Funding Contribution Agreement – Stanislaus Community Foundation E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or t fails to provide any documentation requested by the City in accordance with the terms of this agreement;
G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach;
9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances, orders, and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq. Without limiting the foregoing, Recipient shall comply with ARPA, the regulations implements ARPA (31 CFR Part 35), any interpretative guidance issued by the United Stated Department of Treasury, and those Grant terms and conditions attached hereto as Exhibit B, and incorporated herein.
10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.
11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City.
B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any #9..
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Funding Contribution Agreement – Stanislaus Community Foundation individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement.
12. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.
The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall #9..
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Funding Contribution Agreement – Stanislaus Community Foundation 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 Recipient 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 Recipient 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 Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient'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 Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the RECIPIENT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the RECIPIENT’S insurance and shall not contribute with it.
13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, #9..
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Funding Contribution Agreement – Stanislaus Community Foundation contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.
14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first-class mail to the respective Parties as follows:
To City:
City of Modesto
Attn: Jessica Hill, Interim Director of Community and Economic Development 1010 10th Street
Modesto, CA 95353
To Recipient:
Stanislaus Equity Partners
Attn: Executive Director
100 Sycamore Ave, Suite 200
Modesto, CA 95354
15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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Funding Contribution Agreement – Stanislaus Community Foundation 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 the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient 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 the Recipient. 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 the Recipient 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 the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.
The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
The Recipient shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and The Recipient involving the #9..
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Funding Contribution Agreement – Stanislaus Community Foundation work of the subcontractor to be joined. The Recipient’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.
17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and
18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.
19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.
B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.
C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
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Funding Contribution Agreement – Stanislaus Community Foundation D. Business License. Recipient will have a valid City of Modesto Business License.
E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.
F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.
G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.
IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.
CITY OF MODESTO
By: ______________________________
Joseph P. Lopez
City Manager
City of Modesto, State of California
ATTEST: ___________, City Clerk of the City of Modesto, State of California By: ______________________________
City Clerk
APPROVED AS TO FORM:
Jose M. Sanchez,
City Attorney
By: _______________________________
City Attorney
Stanislaus Community Foundation
By: ______________________________
Title: ______________________________
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Funding Contribution Agreement – Stanislaus Community Foundation
EXHIBIT A
SCOPE OF WORK
Stanislaus 2030 Blueprint
To deliver on the Stanislaus 2030 Investment Blueprint, the creation of a neutral project management intermediary is essential and recommended. The Stanislaus 2030 Intermediary will lead and drive economic and workforce initiatives identified in the Stanislaus 2030 Investment Blueprint across various actors, institutions, and interests. Based on experience in other regions executing comparable efforts, the role will enable key functions to advance collective action and accountability among partners.
To achieve impact, Stanislaus 2030 will require distributed leadership and the participation of multiple organizations in the delivery of projects and programs. The Stanislaus 2030 team will not serve as the lead implementer of most projects but will offer centralized coordination and facilitate the necessary research, planning, partnership coordination, and resource development to drive the collective agenda forward. The Stanislaus 2030 team will engage in direct program delivery and project execution only in instances where an appropriate lead organization or neutral convenor does not currently exist.
Stanislaus 2030 will leverage and align existing resources and support the development of partner capacity to implement projects and deliver programming. Stanislaus 2030 prioritized projects for year one:
A. Talent Development
▪ Launch and coordinate new Manufacturing Talent-to-Industry Exchange to ensure access and pathways to quality manufacturing jobs in Stanislaus County ▪ Support, align, and track progress of partners seeking to Upskill Ag Workforce, including Central Valley Opportunity Center and local institutions of higher education.
B. Childcare Expansion
▪ Establish necessary partnerships to develop a collaborative childcare service delivery strategy at scale, including coordination with Stanislaus County Office of Education Children and Families Division, Stanislaus County Workforce Development, and community-based organizations.
▪ Facilitate the design and launch of in-home childcare business pilot. ▪ Research and test viability of other promising practices to increase childcare slots, including childcare cooperatives and incentives for employers to offer or expand childcare options as a benefit to their employees
C. Small Business & Entrepreneurship
▪ Commission a report to understand the flow of capital to small businesses, unmet demand for capital, and other gaps to inform development of strategies to improve capital access, such as supporting community development financial institutions (CDFIs).
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Funding Contribution Agreement – Stanislaus Community Foundation ▪ Facilitate the design and launch of a financial mentoring pilot that matches small business owners with technical support and expertise to improve financial stability. ▪ In coordination with municipal partners, research, explore, and advance promising business supports to catalyze small business growth, including local procurement models and streamlined permitting processes.
▪ Funded by Stanislaus Community Foundation, a consortium of financial partners (i.e. banks, Community Development Financial Institutions, and community development corporation) will explore impact investing and develop a pilot loan program potentially focused on small business.
A key finding from the Stanislaus 2030 Investment Blueprint is, based on the composition of families in the County, jobs with an hourly wage of $28.58 would offer enough opportunity for those workers to achieve self-sufficiency and economic mobility. The implementation of the Stanislaus 2030 deliverable will prompt partnerships, projects, and further analysis to help improve the availability and accessibility of jobs that pay a minimum of $28.58 – offering families enough opportunity for workers to achieve economic mobility.
Measurable Equitable Outcomes
1. Increase access, availability, and cultural competence of technical assistance delivery
2. Increase number of good job placements in manufacturing occupations 3 Increase wages of participants after program complete
4. Equitable access to programs
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Funding Contribution Agreement – Stanislaus Community Foundation
EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S. Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2026.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.
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Funding Contribution Agreement – Stanislaus Community Foundation
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.
Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
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Funding Contribution Agreement – Stanislaus Community Foundation v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of #9..
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Funding Contribution Agreement – Stanislaus Community Foundation the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S.
Department of the Treasury.”
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.
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Funding Contribution Agreement – Stanislaus Community Foundation b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
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Funding Contribution Agreement – Stanislaus Community Foundation
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.
For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.
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Funding Contribution Agreement – Stanislaus Community Foundation
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s subgrantees, contractors, subcontractors, successors, transferees, and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9. 10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient #9..
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Funding Contribution Agreement – Stanislaus Community Foundation also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. #9..
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Funding Contribution Agreement – Stanislaus Community Foundation
EXHIBIT C
ANNUAL REPORTING REQUIREMENTS
Contractor shall use Exhibit C to provide an annual performance report.
The initial report will cover the period from the date the contract was executed to the following June 30, and will be due to the Recipient within 15 days after the end of the reporting period.
Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 days after the end of the 12-month period (by July 15).
Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.
The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period.
Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 calendar days after the end of the 12-month period (by July 15).
Annual Report Period Covered Due Date
1 July 1, 2023 – June 30, 2024 July 15, 2024
2 July 1, 2024 – June 30, 2025 July 15, 2025
3 July 1, 2025 – June 30, 2026 July 15, 2026
4 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:
Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.
Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.
Text in italics represents the requirements from the Reporting Guidance and is meant to serve as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to Recipient.
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Funding Contribution Agreement – Stanislaus Community Foundation
EXHIBIT D
QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Contractor shall use Exhibit D to provide a quarterly project and expenditure report.
The initial report will cover the period from the date the contract was executed through the end of the quarter, and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and contractors will be required to submit the report to Recipient within 15 days after the end of the quarter.
ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity:
Project Name:
Reporting Period Start Date:
Reporting Period End Date:
Expenditure Category:
3.4 Effective Service Delivery
Please provide a brief description of the activities conducted:
Category Cumulative
Expenditures to
date ($)
Cumulative
Obligations
to date ($)
Current Period
Expenditures
Current Period
Obligations
3 Public Health-Negative
Economic Impact: Public
Sector Capacity
[PLEASE SELECT ONE]
5073284.1
PROJECT
EXPENDITURES
PROJECT STATUS
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INVESTMENT
BLUEPRINT
STANISLAUS 2030
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Stanislaus 2030 is a bold, ambitious multi-sector
initiative co-led by local business leaders, higher
education and government partners alongside
labor and community-based organizations. At the
heart of Stanislaus 2030 are two essential questions:
how can we build a resilient economy so that more
residents experience financial success? And, how
can we catalyze significant industry and small
business growth in the next decade and beyond?
Through a comprehensive “market assessment”
developed in affiliation with experts from
the Brookings Institution, Stanislaus 2030
examined data using a framework for the
essential drivers (talent, innovation, traded
sectors) and enablers, (infrastructure and
governance)of a vibrant economy.
As members of the Executive Committee, we reflect
the region’s broad geographic, demographic, and
industry interests. Multiple partners joined the
broader Leadership Council to provide guidance at
key milestones throughout the process. Many more
stakeholders participated in multiple workgroups
in the Spring of 2022 to provide technical expertise
and insight in our key focus areas. The hard work
of all of these partners has led to this Investment
Blueprint and Action Plan.
Stanislaus 2030 was intentionally developed as a
short sprint because we have a sense of urgency
about the fate of our community. We’ve learned
much this past year about the definition of a
quality job, the importance of traded sectors, and
the performance of local institutions to serve our
economic goals. We also engaged community
members to understand their real-time and
rich lived experience, thanks to our community
engagement team, Debrief. You can access our
community insights report as well as the full
market assessment at Stanislaus2030.com.
Our future is up to us, and it is decided here and
now. Will we take bold action and secure concrete
investments to ensure greater prosperity for
more community members? Can we create new
industries aligned around our vibrant agricultural
base, develop robust workforce training programs
and seamless talent pipelines? How can we remove
barriers to quality jobs and build a dynamic small
business community? The future is up to us, and the
answers are, too.
It was critical to us to find the highest-leverage
opportunities that move our region’s economy
forward in the coming decade. This investment
blueprint highlights those strategies and points
to concrete next steps. This report includes the
estimated dollars needed to jumpstart each strategy.
We recognize that these investments will come from
multiple sources, including private investors as well
as public funding at the federal, state, and local level.
We endorse the strategies within this
Investment Blueprint and Action Plan, and we
ask you to partner with us to create a resilient
Stanislaus economy by 2030 and beyond. This
report is not the end of Stanislaus 2030, it’s our
north star. Our work towards building a vibrant
economy is just beginning.
Dear Stanislaus Neighbors:
STANISLAUS 2030
INVESTMENT
BLUEPRINT
& ACTION PLAN
Join us!
STANISLAUS 2030 INVESTMENT BLUEPRINT
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Santanu Bandyopadhyay, Modesto Junior College
Anthony Cannella, Northstar Engineering Group
Chris Courtney, Oak Valley Community Bank
Kathryn Davis, Valley First Credit Union
Seana Day, Better Food Ventures
Joe Duran, Stanislaus Equity Partners
Andy Foster, Aemetis, Inc.
Doris Foster, County Workforce Development
Michael Frantz, Frantz Nursery
Johnny Garcia, Hispanic Chamber of Commerce
Nelson Gomez, South Modesto Businesses United
Mani Grewal, Stanislaus County Board of Supervisors
Jody Hayes, Stanislaus County Chief Executive Office
Ken Irwin, City of Patterson
Marie Joiner, Luxury Limousine
Ellen Junn, Stanislaus State University
Marian Kaanon, Stanislaus Community Foundation
Scott Kuykendall, Stanislaus County Office of Education Michelle Lewis, E&J Gallo Winery
Juan Munoz, UC Merced
Chichi Nnodim-Jack, SCOE Board of Trustees
Kristin Olsen, California Strategies
Dillon Olvera, Beard Land and Investment Co.
Evan Porges, Porges Properties
Michelle Reimers, Turlock Irrigation District
Tina Rocha, Stanislaus County Chief Executive Office
Tim Robertson, North Valley Labor Federation
Yamilet Valladolid, Golden Valley Health Centers
David White, Opportunity Stanislaus
Bryan Whitemyer, City of Oakdale
Terry Withrow, Stanislaus County Board of Supervisors
In partnership
STANISLAUS 2030
EXECUTIVE
COMMITTEE
STANISLAUS 2030 INVESTMENT BLUEPRINT
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We envision, and commit
to build, a high-performing,
diverse economy to match our
multi-cultural lifestyles and
dreams for the future.
Executive Committee
key private, public, and civic leaders,
representing our region’s diverse
geographies, demographic groups &
sectors of our community.
Leadership Council
leaders representing the
community & areas of expertise.
Elected Official Roundtable
City, County, State & Federal Elected Representatives.
Stanislaus County Community Members
Diverse community members across Stanislaus County
providing input through one-to-one interviews, listening sessions, focus groups, digital surveys, and community
forums and meetings.
Workgroups
Technical experts, local community members and
key stakeholders came together over the course of
two months to move key focus areas from analysis to
prototypes and solutions for inclusion in the
Investment Blueprint.
Backbone Team
Stanislaus Community Foundation, Stanislaus County
Chief Executive Office, Advisory Team (Project Management, Community Engagement, Research & Analysis).
Stanislaus 2030 is a collaboration
among business, government, and
civic stakeholders to create and deliver
a joint strategy and investment plan
for regional economic growth and
opportunity in the coming decade.
VISION
MISSION
We will create pathways for
Stanislaus community members
to achieve economic mobility
by building an economy that is
diverse, inclusive, connected,
vibrant and sustainable.
PARTNERS
200+
31 Investment
Blueprint based on:
l Understanding of larger market
forces & future trends
l Current and future state of
Stanislaus County economy
l Knowledge of demographic shifts
l Authentic community input
Activation Plans for
each priority investment
area that include:
l Investable strategies and tactics
l Funding and policy aligned with
each of the strategies
l Performance that is reported
regularly to partners and the public
DESIRED
OUTCOMES
VISION & MISSION
STANISLAUS 2030 INVESTMENT BLUEPRINT
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April – June 2022
Idea Development
l Work groups start meeting
l Explore opportunities
l Build investment plans
September 2021 – February 2022
Discovery & Analysis
l Community assessment complete
l Start community engagement efforts
l Convene local researchers
September 2022
Finalize Investment Blueprint
l Publish and promote investment blueprint
l Road show to share the investment
blueprint with key stakeholders
September – October 2022
Organize & Build Momentum
l Secure public & private funds
l Present to City Councils
l Create backbone team
l Convene local leaders
February – April 2022
Strategy Development &
Community Engagement
l Diagnose economic performance,
assets and opportunities
l Identify working group topics,
champions and facilitators
June – August 2022
Community Input
l Community member survey
l Creation of Investment Blueprint
l Completion of this phase of
Stanislaus 2030 work
Moving Forward...
Implement Next Steps
l Create structure
l Build capacity
l Invest in new & existing
programs
PROCESS
STANISLAUS 2030 INVESTMENT BLUEPRINT
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PROSPERITY
More productive firms to grow the
economy from within and generate
higher-paying jobs, so the
region competes on quality
versus low wages.
METRICS
Productivity (GMP Per Job)
Standard of Living (GMP per Capita)
Average Annual Wage
INCLUSION
Access to opportunities that raise
employment and income, enabling
residents across all community
segments to participate to the
fullest of their ability.
METRICS
Employment Rate
Median Wage
Relative Poverty
*differences by Race and Geography
GROWTH
More jobs created and expanded
output that increases labor
demand and wages, plus young
firms that generate greater wealth,
employment, and earnings.
METRICS
Jobs
Gross Metropolitan Product
Entrepreneurship
(Jobs at Young Firms)
Source: Brookings Metro Monitor
FRAMEWORK
FOR A VIBRANT
ECONOMY
Based on work with metro areas and states
on economic recovery and resilience strategies
following the Great Recession, the Brookings
Institution created a Metro Monitor framework to offer
a more comprehensive measure of economic success
encompassing growth, prosperity, and inclusion. With
increased attention to the negative competitive and societal consequences of disparities, reinforced by the experience of the COVID-19 pandemic, this framework has been adopted by dozens of regions over the past five years to guide decisions on economic and workforce development strategies, programs, and progress.
Stanislaus 2030 used this framework to broaden our vision for economic success in our community.
These new definitions for a vibrant economy -- growth, prosperity and inclusion -- guided our data analysis, strategy development and decision-making throughout the initiative.
STANISLAUS 2030 INVESTMENT BLUEPRINT
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Stanislaus County has grown steadily in recent years,
adding tens of thousands of jobs in the decade
leading up to the COVID-19 pandemic. Yet even
before this fundamental disruption, many of the
county’s workers and families struggled to support
themselves on their earnings.
Only 13% of jobs in Stanislaus County can be
categorized as “good” jobs. An additional 22% count
as “promising,” offering a pathway to a good job. The
remainder—nearly two-thirds of jobs—fail to meet
standards for ensuring worker self-sufficiency.
These findings point to deeper, fundamental
challenges to our region’s growth model—its mix
of industries and competitive strengths—than can
be quickly or easily adjusted:
l Stanislaus County is remarkably unspecialized
in the innovative traded sector industries core
to success in the modern economy, with its
growth heavily weighted towards local-serving
and public sectors. Even some long standing
traded sector strengths are losing ground.
l Entrepreneurship is lagging, indicating waning
business dynamism.
l Reflecting the makeup and performance of the
region’s economic drivers, significant numbers of
workers and families struggle to make ends meet.
The Wrong Kind of Growth
l The region has a significant gap in good and
promising jobs available to enable workers and
their families to achieve self-sufficiency.
At first glance, Stanislaus’ job growth over the last
ten years seems to offer good news. During the
decade bookended by the Great Recession and
COVID-19 crisis, jobs grew steadily, outpacing the
national average (Figure 1). Yet the makeup of this
growth spells trouble for the region’s standing in
the dynamic, innovative global specializations that
make regions adaptable and prosperous.
The region’s recent growth is overweighted towards
local-serving sectors (Figure 2). Representing 56% of
Stanislaus County’s jobs in 2010, local-serving activities produced nearly 75% of the region’s job growth over
the next decade, outpacing the national performance.
The public sector, including education, contributed
another 10% of the County’s job growth. Meanwhile,
traded sectors which had represented 29% of the
region’s jobs in 2010, generated only 15% of job growth.
Thus, the region was caught in a cycle of generating
local-serving jobs to support new community
members and workers commuting outside of
the County, or jobs in its dominant agriculture
commodities industry that produce below-average
traded sector wages–with little in between (Figure 3).
THE COUNTY’S JOB GROWTH EXCEEDED THE NATION’S
Factor Contributions to Job Growth in Stanislaus County — 2010 to 2020
20.0%
15.0%
10.0%
5.0%
0.0%
-5.0%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
25.0%
Growth due to local shifts Growth due to national trends Jobs grew
by 15.6% from
2010 to 2020
Jobs would
have grown
11.1% without
local shifts
Beginning of
post-recession recovery
Pre-COVID peak
STANISLAUS 2030 INVESTMENT BLUEPRINT
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TRADED SECTORS DROVE A SMALL PORTION OF JOB GROWTH
Sectoral contributions to job growth in Stanislaus County — 2010 to 2020
20.0%
15.0%
10.0%
5.0%
0.0%
-5.0%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
25.0%
10% of job
growth came
from the
public sector
74% of job
growth came
from local-serving
industries
15% of job
growth came
from the
traded sector
The public sector shed jobs
during this period
Public sector Local-serving sector Traded sector
THE TRADED SECTOR ADDED FEWER JOBS THAN EXPECTED
Job growth from local shifts in Stanislaus County, by sector — Since 2010 7%
6%
5%
4%
3%
2%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
8%
1%
0%
-2%
-1%
Public and
local-serving
sectors grew
faster than the
national average
The traded sector
grew slower than
the national
average
National average
Public sector Local-serving sector Traded sector
Job growth of Stanislaus County sector due to local shifts STANISLAUS 2030 INVESTMENT BLUEPRINT
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Despite the region’s growth, more than half of the
County’s residents—and nearly 40% of working
families—struggle to make ends meet.
Most of these residents belong to working families,
suggesting that large swaths of the County’s job base
do not provide ample opportunity for residents to
meet even a basic level of economic self-sufficiency
(see Figure 4). These results may also reflect the high cost of living in Stanislaus County, albeit one that is lower than many surrounding areas.
Unsurprisingly, young, less educated, and diverse
workers are more likely to struggle, reflecting
national trends that advantage those with greater
credentialing and experience, as well as other
structural barriers to economic success.
Large numbers of struggling
families and workers
l Educational attainment matters. Only 14%
of the region’s struggling workers hold a
baccalaureate or associate degree.
l Age also matters. 84% of workers aged 18-24
are struggling, versus 56% of 25-34 year-olds
and 36% of 35-54 year-olds.
l Race is correlated to struggling status. 57%
of Hispanic workers struggle compared to
32% of white workers.
Female workers are roughly equivalent to male
workers, in contrast to trends in many regions.
OVER HALF THE COUNTY’S POPULATION
STRUGGLES TO MAKE ENDS MEET
Stanislaus County population that belongs to a struggling family — 2019 47% 39%
14%
Self-sufficient families — 255,179
Struggling in working families — 214,260
Struggling in non-working families — 75,922
Struggling working families
Struggling non-working families
8%
54%
10%
39%
41%
10%
Children Adults Seniors
STANISLAUS 2030 INVESTMENT BLUEPRINT
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As the large number of struggling workers and families in Stanislaus County suggests, the region’s economy simply does not generate enough quality jobs that allow for self-sufficiency. Closing this gap is fundamental to any improvement in economic outcomes and expanded prosperity for community members.
Presently, only 13% of jobs in the County, about 24,000 positions, qualify as good jobs under the Opportunity Industries methodology underpinning this report. (See sidebar for definition of a “good job”).
A further 22%, roughly 42,500 positions, count as “promising jobs” offering pathways to a good job within ten years. The remaining 65% of jobs, approximately 124,000 positions, do not meet either of these criteria. This is an extremely low proportion of good and promising jobs compared to other metropolitan areas. In order to meet the goal set by Stanislaus 2030 – to reduce the share of children in struggling families by 50% – the region would need more than 40,000 “good” jobs than currently exist.
THE GOOD JOBS GAP DEFINING GOOD JOBS
Debates over job quality have grown
in recent years due to growing
concerns over the fortunes of U.S.
workers and their stagnant wage
growth, downward economic
mobility, and the changing nature
of work itself. These discussions and
accompanying analyses encompass a
broad range of factors—from wages
and benefits, to work environment
(e.g. scheduling stability, other
individual employer policies).
Brookings’s Opportunity Industries
approach focuses on the following
criteria, utilizing consistent factors
that enable comparisons across
regional sectors and occupations—
and ultimately strategic decisions
on economic development
priorities by local leaders.
GOOD JOBS MEET
THREE CRITERIA:
1. Pay a sufficient annual wage
that provides most families with
enough income to “make ends
meet” based on a localized set of
basic living expenses and savings,
and to be ineligible for public
“safety net” benefits in California
(e.g. SNAP, TANF, Medicaid).
2. Provide employer-sponsored
health insurance, which serves
as a proxy for availability of other
employment benefits like paid
leave and retirement.
3. Afford durability in retaining or
leading to another good job in
the future.
PROMISING JOBS do not
meet all good job criteria but provide
career pathways leading most
workers to a good job within 10 years.
OTHER JOBS do not qualify
as good or promising.
ONE-THIRD OF THE COUNTY’S JOBS PROVIDE
PATHWAYS TO PROSPERITY
Share of Stanislaus County’s jobs by quality — 2020
Stanislaus County’s job quality numbers — 2020
Other jobs
Good jobs
Promising jobs
65%
13%
22%
$28.58/hr, full time:
Health insurance:
Career pathways:
24,179
42,552
124,204
Good jobs Promising jobs Other jobs Good jobs gap
40,765
STANISLAUS 2030 INVESTMENT BLUEPRINT
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INDUSTRY CLUSTERS
TALENT
INFRASTRUCTURE
INNOVATION
GOVERNANCE
FACTORS OF REGIONAL
ECONOMIC COMPETITIVENESS
Five factors underlie the economic success of regions. The primary drivers are strong traded sector industry specializations, deep talent pipelines, and robust innovation and entrepreneurship. Enablers that support the drivers, but are not independently sufficient, include well-connected, efficient infrastructure and effective governance through private, public, and civic relationships to focus and coordinate contributions.
The primary drivers are higher-value traded sector specializations that bring new money into the local economy, a deep talent pool and pipeline with relevant skills and expertise, and robust innovation and entrepreneurship ecosystems that create new value and improve productivity.
Enablers needed to support those drivers include efficient, well-connected infrastructure, and effective governance to focus and coordinate the limited time and resources of diverse private, public, and civic actors that contribute to economic outcomes.
STANISLAUS 2030 INVESTMENT BLUEPRINT
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INDUSTRY CLUSTERS — With the County’s job base so embedded in agriculture and localserving activities, analysis did not reveal any obvious industry strength that combines an existing specialization, competitive performance, and concentration of quality job production. Therefore, opportunities must center on emerging subsectors that relate to other regional comparative advantages, or the potential to transition current activities toward higher-skill jobs. Stanislaus 2030 focused on the Bioproducts and Circular Economy industry cluster, building on proximity to innovations, feedstock, and manufacturing know-how to transform agricultural waste into materials or energy, such as bioplastics, adhesives, resins, construction materials, or fuel.
TALENT — Despite specialized abilities based on current industry strengths, the County’s workforce is marked by comparatively low educational attainment and skillsets that constrain higher-value, knowledge-based job creation in diversified sectors. At the same time, analysis of talent adjacencies — transferability of existing knowledge and skills from one sector to another — found potential to support needs in emerging industry options associated with manufacturing, equipment, and biochemistry, but not capabilities for computer services and software. Other factors like childcare also emerged in the region as above-average barriers to labor force participation by more educated, qualified workers, for which novel approaches could unlock and improve racial and gender inclusion. In any case, changes are essential among workforce system providers, as employers consistently express frustration over the accessibility, responsiveness, and alignment of supports in sourcing mid-skill talent across industries and occupations.
INNOVATION — The County has relatively weak institutional capabilities in research, development, and commercialization that can bring value-add products to market or provide firms with a problem-solving partner to anchor them in the region. Spending and output by academia and business trails other parts of the Central Valley, let alone national peers, although a few strengths in biochemistry and plant sciences could connect to emerging sector options like bioproduct manufacturing. These core innovation challenges suggest deliberately building connections to nearby assets in the North San Joaquin Valley and Northern California.
Furthermore, the region ranks very low in entrepreneurship generating jobs and growth, as well as the impact of businesses owned by women or people of color; these likely correlate to missing or underdeveloped basic supports for both Main Street and high-growth young firms.
INFRASTRUCTURE — The region’s physical connectivity, broadband, and developable sites offer some advantages. While geographic distribution of jobs and workers are diffused, reducing benefits of concentration to the knowledge economy, the pattern is not adding to racial disparities. Broadband availability to nearly 94% of residents is comparatively high, but bolstering rates of fixed-access subscriptions or full utilization is needed to match national peers. Large, connected sites are well positioned to serve extension of Bay Area production and commercialized innovation, if deliberately linked to opportunity industry objectives versus filling taxable space.
GOVERNANCE — The region lacks a shared agenda across public, private, and civic contributors with a strategy, assignments, and coordinating and accountability mechanisms to drive use of resources. While individual organizations have executed aspects of previous strategies and plans, the lack of collective action has diluted the impact of limited resources. For instance, economic development and/or workforce stakeholders rarely undertake functional collaborations or joint programmatic implementation, or share data and relationships to guide action. The region needs a “center of gravity” through which each entity can operate as a newly integrated team, aligning their contributions as an individual organization toward a common outcome.
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The scope of the region’s challenges means
there are more issues and options for
intervention than feasible to execute at once.
Strategy requires choosing and prioritizing
among reasonable alternatives.
Across these efforts, interventions must factor
how to address racial and gender differences
in access to quality jobs and economic
opportunities. Regions that maximize the
contributions of all their residents are better
equipped to succeed in the modern economy.
Not all strategies critical to the region’s
competitiveness will address race and gender
outcomes, but those outcomes should always
be a consideration.
STRATEGIC
FOCUS AREAS
BioIndustrial Manufacturing
Target manufacturing potential as a location
for piloting and scaling production of new
materials and energy, leveraging agricultural
assets and proximity to innovation.
Talent Development
Implement best practices for primary
workforce providers to align their efforts,
prioritizing activities by job quality and
access for both new and incumbent workers,
link to economic development objectives,
and increase accessibility and responsiveness
to business in opportunity industries.
Ensure competitiveness of local ag firms by
upskilling and reskilling ag workforce.
Moving to Action
In April 2022, Stanislaus 2030 launched multi-stakeholder workgroups to convert research findings into strategies, which focused on the following areas:
Remove Non-Skill Barriers
to Jobs & Training
Engage employers in collective
solutions to providing childcare access,
transportation, and English language
proficiency as competitiveness
issues that unlock needed labor
force participation.
Entrepreneurship and
Small Business Dynamism
Identify and fill the mainstream supports
that are missing or should be scaled in a
region of this size to improve outcomes for
young firms, with a special sub-focus on
women and minority-owned business.
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Identify and resource neutral convener and technical
experts to facilitate collaboration among Talent-toIndustry partners, followed by an implementation of strategies prioritized within the planning process,
including incentives for work-based learning.
Fund expansion of the federal farmworker job training
program to include undocumented farmworkers.
Provide match funding to local institutions of higher
education to expand certification programs in
specialized ag fields.
Launch
Manufacturing
Talent-to-Industry
Exchange
Upskill and Reskill
Agricultural
Workforce
$2,500,000
$1,000,000
$1,000,000
Talent Development
$4.5 million
Create a loan fund to provide small businesses, at any
stage in their business development, access to loans
of less than $50K, using an easy application process,
where loans can be funded quickly.
Create resource hubs in priority communities across
Stanislaus County via physical centers and using
culturally appropriate methods
Implement a finance-focused program that matches
small business owners with CFOs to create an
objective financial model that helps them navigate
their business toward financial sustainability.
Explore and advance business supports, such as
small business procurement, streamlined permitting
processes, small business accelerators, social
enterprise, and maker space incubators.
Create a Loan Fund
Develop
Community-Based
Business Hubs
Support Financial
Mentoring
Explore Promising
Business Supports
$5,000,000
$500,000
$600,000
$1,950,000
Entrepreneurship & Small Business Dynamism
$8.05 million
STANISLAUS 2030
INVESTMENT BLUEPRINT
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Develop a shared pre-commercial scale
manufacturing facility to help firms move from labbased viability to commercial manufacturing, and to establish the region as a national industry leader.
Create flexible, firm-specific incentives to attract
target companies, focused on regulatory reforms
and financial supports to boost productivity
(infrastructure, workforce development).
Create a Bioindustrial Manufacturing Growth
Partnership to function as a hub for the sector and
to drive implementation of the industry strategy.
Create knowledge transfer programs and innovation
vouchers, providing access to specialized problemsolving expertise for small and mid-size firms.
Launch a competitive, cohort-based accelerator
program for later-stage startups, with specialized
facilities, investment, mentoring, and curated
customer/capital networks.
Provide customized technical assistance to firms
across the value chain to promote “cluster” effects,
strengthening supplier, partner, and customer base
operations.
Cultivate an external bioproducts investor network
to connect their portfolio firms into the region and
help local scale-ups access existing resources.
Improve local access to government research and
commercialization funding through matches and
application assistance.
Build an industry
Ecosystem with
Cross-cutting
Initiatives
Expand Access
to Innovation
Connect Capital
with the Region
$31,000,000
$9,000 ,000
$2,300,000
$900,000
$10,000,000
$650,000
$200,000
$1,000,000
Traded Sector Development: Bioindustrial Manufacturing
$57.6 million
Fund the planning and prototypes for parent-led and
employer-sponsored childcare cooperatives.
Fund the expansion of public transportation to
industry hubs through smaller bus shuttles.
Expand Child
Care Slots
Connect Public
Transportation
to Industry
$1,500,000
$600,000
Address Non-Skill Barriers to Jobs & Training
$2.1 million
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Total Investments to Build a Resilient Economy
Create an intermediary structure to act as center of
gravity for inclusive economic development agenda
with leadership/project management team to convene
and drive distributed implementation plans, including
centralized data, focus on equity and inclusion, and
alignment with other regional initiatives.
Invest in collaboration among economic development
practitioners across cities and county to build
knowledge around Stan 2030 objectives and best
practices in community investment and host Fuse
Corps Fellows to strategically support Stanislaus County workforce and economic development departments.
Develop a one-time competitive grants program to
fund existing programs that align with Stanislaus 2030
focus areas, with the intention to expand, scale and
learn from local practitioners.
Launch Team
to Drive
Implementation
Build Capacity of
Local Government
Around Inclusive
Economic
Development
Catalyze Existing
Programs to Scale
Governance & Capacity Building
$3.5 million
Identify prospective sites and assess readiness for
bioindustrial companies, potentially followed by
incentives for physical improvements.
Explore support for reliable, efficient feedstock access via an intermediary to link local supply chains and/or a pre-processing “depot” for waste streams.
Develop a “plug-and-play” workforce system response
as a priority subsector of the proposed Manufacturing
Talent-to-Industry Exchange.
Create sector-relevant work-based learning paired
with intensive support services, especially among
students of color, integrated with proposed
Manufacturing Talent-to-Industry Exchange activities.
Support
infrastructure
Enablers
Generate a Targeted
Talent Pipeline
$100,000
TBD
See above
$2,450,000
Traded Sector Development: Bioindustrial Manufacturing (cont.) $57.6 million
$1,000,000
$500,000
$2,000,000
$75,750,000
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Entrepreneurship
and
Small Business
Dynamism
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ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
Business dynamism and entrepreneurship are critical signals of a region’s ability to generate new ideas and enterprises, apply those novel elements to commerce, and contribute to regional employment and wealth. Stanislaus County lags peers in key indicators of business dynamism, suggesting it is underperforming in the creation and sustainability of new ventures.
Between the Great Recession and the COVID-19 pandemic, jobs at young firms1 fell precipitously from a 2009 baseline. While California and national peers also saw declines, Stanislaus fell to the middle-to-the-bottom of this cohort and has yet to recover.2
Targeted analysis of women and black, indigenous and people of color (BIPOC) entrepreneurship adds to these stark conclusions. Relative to their share of the population, BIPOC and women business owners generate fewer businesses and jobs in the region; conversely, white and male business owners generate an outsized number.
While the female and male population in Stanislaus County is roughly equal, the percentage of business ownership by men totals greater than 80% and the number of jobs created by men is over 90%. Additionally, white business owners account for slightly more than 40% of the population, but represent 70% of business owners and greater than 80% of job creation. Despite people of color comprising nearly 60% of the population, they represent less than 30% of business ownership and less than 20% of job creation.3 This suggests that people of color and women community members face barriers to entrepreneurship and business success, inhibiting a significant—and growing—share of the region’s population from reaching their potential and achieving the true economic potential4 of Stanislaus County.
At the individual level, the solutions identified below clear a path for BIPOC and women business owners to have greater access to business development support; a crucial step to increasing the number of companies started by these historically under-resourced demographics.
At the community level, research suggests that rural areas can benefit from fostering a vibrant small business and entrepreneurship ecosystem. Rural small businesses have been found to generate wealth that stays in the community, build local leadership, and even contribute to the population’s health.
Consequently, an outcome of increasing the number of business starts by people of color and women is a community-level benefit that complements local economic development strategies and investments.
The region’s current performance in these fundamental areas of business dynamism suggests the need for building a more comprehensive entrepreneurial support ecosystem, including targeted supports for BIPOC and women entrepreneurs. In short, business and entrepreneurship supports are missing or not at the required scale5 for both Main Street6 and high-growth young firms.7 1 Firms in existence five years or less, a common measure of business dynamism 2 Stanislaus 2030 Market Assessment, page 13
3 Stanislaus 2030 Market Assessment, page 14
4 Stanislaus 2030 Market Assessment, page 14
5 Stanislaus 2030 Market Assessment, page 46
6 Small businesses that are locally serving, community based, commercial corridor anchors. 7 Traded, potential to generate significant jobs.
ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
OVERVIEW
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Filing
Requirements
+ Pre-Launch
Support
Financing
Leading In
Business
Dynamism
Parity
Back Office
Disparities exist in business
ownership by gender and race
in Stanislaus County.
Stanislaus County lags peers in key
indicators of business dynamism,
suggesting it is underperforming
in the creation and sustainability
of new ventures.
Entrepreneurs do not know how
to get financing for their business
and believe new companies are
ineligible for the funding vehicles
available locally.
Entrepreneurs get discouraged
because they do not know how to
meet local, state, and federal filing
requirements.
Entrepreneurs have difficulty
identifying viable business
ideas and long-term business
mentorship.
Entrepreneurs feel that they
are unaware of the “back office”
monitoring and reporting needed
to operate their business effectively.
Stanislaus County has achieved racial
and gender parity in entrepreneurship
and business ownership, proportional
to the population.
New and young firms have become the
key to Stanislaus County job creation,
innovation, and economic growth.
Aspiring entrepreneurs who want
to start or expand their businesses,
especially women and BIPOC owned
businesses, can easily access capital.
Entrepreneurs successfully navigate a
streamlined regulatory landscape to
launch their businesses, meet the local,
state, and federal filing requirements,
and sustain business licensing.
Entrepreneurs have access to ongoing
mentorship that provides feedback
from idea development, and business
model formation, to launch.
Entrepreneurs are aware of the
necessary functions of a “back office”
system and have the support to
implement them to operate their
business effectively.
Goal
By 2030, any person wanting to start a business in Stanislaus County will have the support they need to be successful. The focus is on serving entrepreneurs/small businesses who are locally-based – both Main Street and growth firms – with a special emphasis placed on BIPOC and women entrepreneurs, who are currently underrepresented as business owners.
SHIFT
NAME
FROM
[Current State]
TO
[Desired Future State]
Mentorship
There are several critical shifts that are necessary in order to reach the stated goal.
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LOAN FUND
Many entrepreneurs and small business owners are not
aware of financing options available to them or believe they don’t qualify for mainstream financial services like traditional business loans and credit lines. Instead, many rely on high interest rate credit cards, predatory lenders or the cottage industry of local individuals who provide high interest loans. This makes it extremely difficult to advance their business, and in fact, sets some businesses up for failure. The proposed Loan Fund solution benefits entrepreneurs and small business owners looking for
capital to develop or expand their businesses, as well as local financial institutions who have a CRA8 focus and are looking to support the communities they serve.
The Loan Fund will be established to guarantee loans from financial institutions, with part of the fund invested to grow the fund and cover costs associated with administering
the fund. The Community Development Corporation,
Community Development Financial Institutions and Banks
will all work together to bring this mainstream financing opportunity to Stanislaus County entrepreneurs and
small businesses, especially women and BIPOC-owned
businesses, at an affordable rate.
Small businesses at any stage in their business
development will be eligible to apply for loans up to $50K using an easy application process, receiving assistance with the application process, if needed. A Loan Fund Committee will evaluate applicants and recommend applicants, along with a proposed interest rate the applicant can afford, to participating banks. Banks will fund the loans and process the required paperwork. Finance-focused business training will be provided to entrepreneurs/small business owners as a cohort-based, incentivized component of the loan
process, offered in their neighborhood or online. The Loan Fund will be used to pay back defaulted loans.
The Loan Fund program will be evaluated annually, to
appropriately evolve the services and offerings, based on established success metrics and community needs.
The following investment recommendations are vital and feasible for implementation in our community. Stanislaus County can take coordinated and sustained action to provide the supports needed for entrepreneurs and small businesses, particularly owned by women and BIPOC, to thrive and contribute positively to the local economy. The recommended actions and investments align to the requested supports collected from the entrepreneur and small business owner focus groups, which include bolstering mentorship opportunities, technical assistance, incubator and accelerator programs and access to capital.
Our
Community’s
Solutions
Investment Ask
$5,000,000 million total in the first
year, with $1,000,000 in grant funding
and $4,000,000 for loss reserves (non
grant deposit as leverage to cover
losses). Implementation includes
securing funding, establishing workflow
processes, funding applicants, and after
launching the Loan Fund, evaluating the
program and considering improvements.
Considerations
The local Community Development
Corporation and Community
Development Financial Institutions in
the region are supportive of moving
this effort forward, but additional
support will be needed from other
area banks. Additionally, community
education and awareness of the fund,
particularly through communication
on the part of trusted influencers and
partners, will be necessary to obtain
applications. Other critical components
of this solution include establishing
operating procedures under a clear
mission that meets legal and regulatory
guidelines, and the composition and
duties of the Loan Committee who will
review the applications.
8 The Community Reinvestment Act (CRA), enacted in 1977, requires the Federal Reserve and other federal banking regulators to encourage financial institutions to help meet the credit needs of the communities in which they do business, including low- and moderate-income (LMI) neighborhoods.
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Investment Ask
$500,000 to fund a three-year approach to plan
and implement community-based business hubs.
This investment ask is spread over two different
phases. Planning Phase (Year 1): $100,000 for
strategic planning with resource agencies to
establish a structure for the small business
resource ecosystem and designate the business
services each agency will own. Implementation
Phase (Year 2 & 3): $400,000 to launch resource
hubs in three staffed community hubs.
Considerations
Currently there is not a clear neutral lead
organization for this initiative, but logical
partners would include local technical assistance
agencies, chambers of commerce, governmental
small business departments, and communitybased organizations. Securing cross-sector collaboration, alignment, and support from this
diverse group of resource-focused organizations
is essential to prevent service redundancies.
COMMUNITY-BASED BUSINESS HUBS
A gap exists in how small business resources are disbursed to the communities within Stanislaus County.
Traditionally, this service model depended on small business owners and entrepreneurs seeking business development support. But limitations with this delivery strategy have manifested in the low number of BIPOC and women business owners working with local resource agencies.
This gap in service delivery can be defined in two parts. First, in marginalized and underserved communities, building the trust of community members is essential to long-term engagement. Without this sense of trust, resource agencies face barriers to engagement. Second, culturally centric approaches are vital for trust-building efforts and effective service deployment. Language translation, partnerships with grassroots organizations, and leveraging community influencers as trusted messengers are approaches that honor ethnic traditions and community expectations.
Community-based business hubs are physical spaces in underserved communities where agencies can meet business owners where they are. This updated service delivery strategy can advance trust-building efforts for agencies by being “in the neighborhood.” It also raises awareness of small business resources and makes them more accessible to community members.
These business hubs will offer culturally sensitive, business capacity-building opportunities to create a business “back office,” ongoing business mentorship, and a warm hand-off to other off-site resource services across the county.
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ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
Other Promising
Supports
Small businesses are the lifeblood of the
U.S. economy: they create two-thirds of
net new jobs and drive U.S. innovation and
competitiveness. Across the United States,
communities are coming together in new
ways to improve the supportive economic
environment required for small businesses
to thrive. A scan of the United States
showed that successful communities
where small businesses were being created
and growing had some business supports
in common, including the ideas below, all
of which are promising opportunities for
implementation in Stanislaus County.
9 Small Business Administration Office of Advocacy Release No. 19-1 ADV, 2019 10 Living Cities Report, CULTURE, COLLABORATION AND CAPITAL: LEVERAGING PROCUREMENT FOR ECONOMIC EQUITY, 2019
FINANCIAL MENTORING
Stanislaus 2030 research has highlighted the need for financial literacy and coaching amongst entrepreneurs and small business owners, across every stage of business development, regardless of business lifespan, growth, or revenue.
Implement a finance-focused program that pairs small business owners with CFOs to create an objective financial model that helps them navigate their business toward financial sustainability. The program will provide one to one coaching between a CFO and a small business owner, for a 10-week cohort including 15 small business owners. The CFO meets the business owner where they are, helps identify their business goals and aspirations, and assists them in moving towards their goals. Teaching is built into the process as they develop a working financial model that will serve as their guide for sales and revenue goals. Trust is established throughout the process, and small business owners report feeling knowledgeable and empowered by the end of the program.
Investment Ask
$150,000 in grant funding is needed to
engage Mission Edge to implement their
financial coaching program for two cohorts
(Spring and Fall) in Stanislaus County, and
$50,000 is needed for a local partner to
provide staffing and marketing costs to
administer the program.
Considerations
Prioritizing people of color and women
owned small businesses for acceptance
into this program provides this historically
disinvested population access to expert
financial resources, offering the opportunity
to be profitable and grow sustainably. The
need for assistance with financial literacy for
entrepreneurs and small business owners
in Stanislaus County has been highlighted
through Stanislaus 2030 research. The
Mission Edge program has demonstrated
success with positively impacting small
business owners in San Diego, and
replicating that success in Stanislaus will
be a valuable support for small business
owners. Mission Edge worked in Stanislaus
County previously with success in
implementing a program supporting the
profitable growth of nonprofits.
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LOCAL PROCUREMENT
Economic equity in the procurement realm means engaging a new and more diverse set of vendors and contractors. It makes economic sense and creates stronger communities by growing the middle class and thereby the local tax base. Equitable procurement contributes to business growth, particularly for minority businesses.10 Contracts from governments, cities, counties, school districts, universities, hospitals, utilities and corporations can provide the kind of stable, predictable revenue that allows small and new businesses to grow and expand, and with that growth comes increased employment.
An expanded pool of vendors and contractors can bring local organizations higher-quality and more competitive contracts.
Throughout Stanislaus County, mid to large organizations could purchase goods and services from small businesses. An organizing entity, along with creating a list of participating small businesses and their products/services, could secure commitments from mid to large organizations in Stanislaus County to purchase a percentage of their procurement budget from local small businesses.
SMALL BUSINESS
ACCELERATOR
Small business accelerators support early-stage, growth-driven companies through education, mentorship, and financing.
Companies enter accelerators for a fixed period, traditionally threeto-four months, as part of a cohort of companies. The accelerator experience is a process of intense, rapid, and immersive education aimed at accelerating the life cycle of young innovative companies, compressing years’ worth of learning by doing in just a few months.
In 2022, Stanislaus Equity Partners (STEP) prototyped a five-week micro business accelerator with a cohort of local businesses owned by people of color and women. The success of its program in graduating its cohort and directing them to funding sources and its waitlist of companies wanting to join STEP’s second iteration of the accelerator demonstrates the potential for scaling this idea.
Regarding the impact on highly localized small businesses, accelerators can have a significant effect on attracting earlystage financing and additional investors to a community. This can generate benefits beyond the larger economy as attracting and accessing startup capital, especially for women and people of color, which is difficult. Additionally, accelerators providing pathways for greater access to capital have the potential to result in employment growth from new companies and spur interest in entrepreneurship more broadly.
Investment
Ask
$100,000 to fund an
assessment within Stanislaus
County to identify the
potential and opportunities
for development of a Local
Procurement program in our
community. The assessment
could include small business
products and services, small
business capacity, and mid
to large size organizations
willing to participate in a
local procurement effort.
Investment
Ask
$750,000 over three years;
$50,000 for strategic planning
efforts in year one that can
align community partners,
business leaders, resource
agencies, and investors to
support an accelerator’s
development; and $700,000,
split over years two and
three to cover staffing,
programmatic delivery,
promotion, and small
business investment.local
procurement effort.
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MAKER SPACE – INCUBATOR
AND STOREFRONT
Local jurisdictions can streamline the permitting and licensing process to facilitate small business growth, especially for BIPOC and women.
This will ensure a clear and straightforward route for small businesses to open and prosper in the marketplace.
Small business owners in Stanislaus County have struggled to navigate the permitting and licensing process due to process inefficiencies, language barriers, lack of transparency, and costs. The following recommendations are three avenues for streamlining local permitting and licensing procedures, all of which have been implemented by metropolitan cities like Denver and Boston. (1) Publish permitting and licensing processes online that include pertinent contact information, timelines for completion at each stage, cost, and the number of procedural steps related to each process. (2) Local jurisdictions can provide a “one-stop shop” for licenses and permits to streamline compliance for small businesses. (3) Appoint a regulatory or small business advocate to guide small businesses through the regulatory process, advocate on their behalf when problems arise, and ensure small business feedback and recommendations are incorporated into development and implementation processes.
STREAMLINE PERMITTING
When maker spaces open, there is potential for many types of products to launch, helping both small businesses and the local economy. A maker space and storefront in Stanislaus County can bring together artisans and fabricators, provide community, and offer a storefront to sell goods. Maker spaces can act as a business incubator, include artist studios and storage spaces, offer workshops with machinery that may also benefit talent development for certain manufacturing jobs, contain classrooms for community classes and events, while a storefront helps launch new businesses with sales.
A complement to other artisanal maker pop-up events already happening across our County, a maker space and storefront could be built out in a place with available space, that is easily accessible with public transportation, and already sees foot traffic from shoppers.
Accessible and affordable maker spaces provide tools, expertise, education, and opportunity for all members of our community to create, collaborate and make their business ideas a reality. This is already happening successfully across the nation.
Investment
Ask
$100,000 to fund an
assessment of Stanislaus
County to identify the
potential and opportunities
for development of a Maker
Space and Storefront in our
community. The assessment
could include potential
spaces and locations, services
and offerings most aligned to
local needs and artisan needs,
and identification of local
partners and funding sources.
Investment
Ask
$500,000 over two years,
$300,000 in upgrades to
local jurisdiction online web
pages and user interfaces
related to moving small
business permitting services
online; and $200,000 for
staffing a small business
advocate to serve owners
and entrepreneurs in
Stanislaus County.
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SOCIAL FOCUSED CAPACITY BUILDING
Small business development support for social enterprises that offer employment opportunities to individuals who were previously involved in gangs or incarcerated, at risk of homelessness, or have disabilities. Through the creation of a business development program that is directed to social enterprises focused on the three core competencies for mission-based organizations to thrive: (1) supporting in forming a revenue model that provides sustainability for the business; (2) creating and marketing products and services; and (3) subsidizing hiring expenses that focus on offering on-the-job training to at-risk employees.
By supporting more socially focused businesses that generate revenue, pathways to sustainable impact can be created while also creating more jobs specifically designated for individuals who are in need of employment. Additionally, supporting these kinds of social enterprises is an alternative way to offer wraparound services to individuals in need, as employees can receive access to case management, system navigation, and employment placement services.
Investment Ask
$500,000 over two years for program delivery and hiring subsidies. Included in programmatic delivery is the creation of a strategic plan and theory of change for both supporting the development of local social enterprises and the hiring of at-risk employees.
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Talent
Development
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11 Stanislaus 2030 Market Assessment, page 25
12 Stanislaus 2030 Market Assessment, page 28
13 Stanislaus 2030 Market Assessment, page 29
ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
Workforce capabilities are the single greatest input to more inclusive outcomes and competitiveness in the modern economy. The economic success of individuals, firms, and regions correlates closely to higher levels of educational attainment and density of the talent pool. Talent availability factors rank first among business location decisions in general, and particularly in sectors that concentrate higher quality jobs. This includes the existing labor pool and the ability of the pipeline to generate more local workers with relevant knowledge, skills, and expertise needed over time, especially because retention is higher when hiring from within.11
Overall, Stanislaus County’s labor pool lags comparison regions in educational attainment and available skills, notwithstanding a few categories of strong technical specialization. The extent of these lags impedes diversification, higher quality job creation, and economic mobility.
The County’s internal “talent pipeline alignment” from post-secondary education and credentialing impacts the overall ability of workers to access good and promising jobs available in the regional economy. Yet, there is a substantial variance in the quality of regional jobs available based on completion of different academic and training programs, and relatively high student participation in programs that do not lead to better jobs.
This suggests an opportunity to build stronger alignment within the local talent development pipeline and specifically, as it relates to career guidance and how to better prepare workers and students for quality jobs.12 Furthermore, input from local business and industry suggests that educational institutions must continually ensure that training and programming is responsive to market needs, particularly as advancements in technology, processes, and other elements of work transform occupations. Closer engagement with employers on program design and flexibility in adapting curricula can also help students make more effective choices and transitions from school to career.13 Finally, talent to industry exchange models can effectively identify and meet employer needs at scale, including for smaller and mid-sized firms with less capacity to engage, and for a larger swath of firms exhausted by ad-hoc, duplicative or incomplete firm outreach by workforce and education partners.
The Talent Development Workgroup has identified several priority areas for investment to improve job quality, develop and retain local talent, and supply employers with a skilled labor force to help them meet the demands of a fast-changing economy. Using the new national standard of a Talent-to-Industry Exchange that is industry and business leadership led, the Workgroup identified the need for further planning and implementation investment. Specific Talent-to-Industry Exchange efforts will need focused, strategic advising including technical assistance, and convening support to ensure the strategies put forward result in innovative partnerships, pilots, projects, and policies that can be sustained for the long-term, duplicated across sectors, and lead to equitable outcomes for the region’s workers and learners.
TALENT
DEVELOPMENT
OVERVIEW
STANISLAUS 2030 INVESTMENT BLUEPRINT
26 TALENT
DEVELOPMENT
#9..
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Industry
Responsiveness
Job Quality
Over Job Counts
Talent
Development
Talent system is not responsive
to industry needs in real time.
Local training programs are
designed for industries that
require less-skilled work,
prioritizing job counts over
job quality.
Young professionals have a
sense that large companies
prefer outside talent and
don’t look locally.
Industry & educational institutions
work closely together to rapidly adapt
programs and curricula in response to
market workforce demands in real time.
Training programs are prioritized for
opportunity industries that produce
good and promising jobs.
Local firms are known for supporting
local talent and creating opportunities
for young people to learn about their
industry and how to secure future
employment.
SHIFT
NAME
FROM
[Current State]
TO
[Desired Future State]
By 2030, Stanislaus County will have a strong talent base, representative of our diverse population, that is equipped for “good or promising jobs” by a robust workforce development system that provides the skills in demand by local employers and emerging opportunity industries.
By the end of 2023, we will identify, align, and scale the necessary training programs that will benefit employers beginning with the prioritized opportunity industry of manufacturing and provide clear on-ramps to “good or promising jobs” for students and/or workers seeking employment within this sector.
There are several critical shifts that are necessary in order to reach the stated goal.
Vision and Goals
STANISLAUS 2030 INVESTMENT BLUEPRINT
27 TALENT
DEVELOPMENT
#9..
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The Talent-to-Industry Exchange model is the new
national standard for workforce development and
defined by the National Fund for Workforce Solutions
as, “a dynamic collaboration of a regional group of
employers, stakeholders, and workers that convene
regularly with the assistance of a workforce intermediary.
Successful industry partnerships embody a shared
commitment to good jobs, racial equity and inclusion,
and a continuous learning mindset.” The U.S. Chamber
of Commerce Foundation identifies Talent Pipeline
Management or Talent-to-Industry Exchange models as
“the strategic alignment between classroom and career,
keeping pace with the changing needs of the economy.”
Talent-to-Industry Exchanges gather real-time
information used to inform strategies for growing the
region’s talent pool, strengthening the talent pipeline, and aligning employer and educational stakeholder
interests. Talent-to-Industry Exchanges intentionally
organize around one business-centered sector and
within the process, employers play a critical leadership role as end customers in closing the skills gap for jobs most critical to their competitiveness. Talent-to-Industry Exchanges also help organize and manage flexible and
responsive talent pipelines in partnership with other
employers and their preferred education and training
providers. Employers also work collaboratively with one another to develop measures and incentives designed to
reinforce and improve performance across all partners.
Exemplary models of Talent-to-Industry Exchanges
across the country include Kansas City Rising, Upskill
Houston, and Tampa Bay Works. Based on these
examples, an effective Talent-to-Industry Exchange must include the following elements:
l Authentically Industry led.
l Regional and comprehensive in approach, covering
the full education continuum, from kindergarten to
graduate school.
l Engages the full spectrum of talent sourcing providers. l Data driven and action oriented.
The Talent-to-Industry Exchange has three essential
phases: (1) a detailed economic and labor analysis,
(2) a workforce action plan; and (3) launch plan
implementation. Industry leaders are identified to
Our Community’s Solutions
champion and lead each Talent-to-Industry Exchange,
agreeing to act as co-convener and recruit employers to participate. The process addresses racial equity disparities by disaggregating labor market data by race / gender
to identify and track progress in reducing disparities; leveraging of critical employer mass to advance
improvements in job quality (e.g. internal promotion
policies, compensation, benefits) and other business
practices (e.g. hiring, adoption of skills-based credentials); partnering with community-based organizations to
identify and connect disconnected workers to quality jobs, including addressing barriers to preparedness and access; and investing in support services (e.g. job coaching,
mentoring, childcare, transit access) alongside training.14 Based on the Stanislaus 2030 Market Assessment
and other local data, the manufacturing sector will be
prioritized for initial focus with intention to replicate the Talent-to-Industry Exchange with other opportunity
sectors in the future. Manufacturing was identified as
part of the Opportunity Industry analysis with traded
sector themes from the Market Assessment.15 The
intention of the Talent-to-Industry Exchange will be to more effectively identify and meet employer needs at
scale, while also enabling workforce and educational
institutions to access more comprehensive, realtime input that accurately informs activities across occupations and skill levels. If successful, current and future workers, representing the region’s diversity, will be better positioned to access quality jobs.
ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
LAUNCH A MANUFACTURING
TALENT-TO-INDUSTRY EXCHANGE
14 National Fund for Workforce Solutions, Toolkit for Developing High-Performing Industry Partnerships, available at: https://nationalfund.org/industry-partnership-toolkit/. 15 Stanislaus 2030 Market Assessment, page 6
STANISLAUS 2030 INVESTMENT BLUEPRINT
28 TALENT
DEVELOPMENT
Investment Ask
$2.5 million over three years, which will include
$500,000 to support Talent-to-Industry
Exchange planning, development and
formation process. Planning objectives will be
to identify & resource local neutral convener
and technical consultancy, convene Employer
Table, assess talent development partner
landscape, assess and develop learner/worker
profiles, identify, resource, launch and/or scale
solutions. $2 million is proposed to be set aside
to operationalize and scale prioritized solutions/
programming identified in the planning phase.
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Agriculture, like many other industries, faces market
pressures and global headwinds, along with rapid
opportunities for innovation, that are forcing rapid
automation. Since the 1900’s, agricultural employment
has dropped from 40% of the total global workforce to
2% today.16 Ag firms in Stanislaus are no exception: to remain competitive, the local industry must automate
to improve efficiencies, product quality and improve
working conditions.
The challenge is how to prepare the current and
future ag workforce for these new, higher paying and
more technical jobs. According to the Journal of Rural
Studies, “many workers will need to upskill or retrain
as their roles evolve to incorporate AI - one positive is that for employees who are highly skilled in tech there will be many opportunities to progress and develop.
As their skillset becomes more sought after, there will also be a greater case for higher salaries.” 17
In addition to training for new technical skills, recent reports indicate that employees who will best adapt to
labor shifts in the new economy will need to possess
‘soft’ digital skills such as critical thinking, and social and emotional intelligence. The Advisory Council
on Economic Growth in 2017 noted that sufficient
investments in life-long training, education, and skills development for currently marginalized groups (e.g. lowincome workers, new immigrants, Indigenous peoples, women, and persons with disabilities) significantly
advances the upward mobility of communities.
In Stanislaus, agricultural production and processing
is the foundation of the region’s job creation and
identity; further, it provides a base for other activities:
bioproducts, higher-value food processing and other
manufacturing.
The Stanislaus 2030 Market Assessment indicates that
improving food-related job quality and durability involves bolstering adoption of innovation and technology
within the industry. Doing so would increase the skills requirements, value-add, and productivity of workers. While expected to reduce the total number of agriculture jobs, it would create a smaller number of better, higher-paid positions and improve the competitiveness of the sector.
UPSKILL AND RESKILL AG WORKFORCE
16 https://ourworldindata.org/employment-in-agriculture 17 Jobbio, 2018, pg 6, https://www.sciencedirect.com/science/article/pii/S0743016718307769 Workforce
Professionalization
‘Just in Time’
Training
Financial Barriers
to Training
Training/education for ‘professional’
agribusiness jobs not available
locally (i.e. HR, Finance, Information
Technology).
Limited training for ‘in-demand’ ag
certifications (i.e. food safety, cybersecurity, CRM/Database management, in-field technology, Pest Control).
Limited funding available to
upskill local ag workers, including
undocumented workers.
Ag Business B.S. Degree with
concentration in HR, Finance or IT offered
by local institutions of higher education.
Extended education programs offering
‘a la carte’ certification training within
short time frames for in-demand local
industry needs.
Funding accessible to all ag workers,
including undocumented workers, to allow
upskilling and reskilling while covering
cost of program and/or living costs.
SHIFT
NAME
FROM
[Current State]
TO
[Desired Future State]
There are several critical shifts that are necessary in order to reach the stated goal.
By 2030, Stanislaus County
will have multiple training
pathways to equip ag workers
with business and digital skills
to ensure competitiveness of Goal local ag firms.
STANISLAUS 2030 INVESTMENT BLUEPRINT
29 TALENT
DEVELOPMENT
Our Community’s Solutions #9..
- 248 -
STANISLAUS 2030 INVESTMENT BLUEPRINT
30 TALENT
DEVELOPMENT
Our Community’s Solutions
EXPAND AGRICULTURAL EDUCATION
PROGRAMS TO MEET INDUSTRY NEEDS
Emerging trends, automation, market pressures and new regulations require a new set of training classes and education offerings in agricultural education. Food safety, handling, and waste were skills and competencies recognized by industry as essential for success in the workplace. In addition to food safety, evolving technology has changed the way agriculture uses water, thereby impacting the skill requirements of technicians. An integrated approach to installing, managing and repairing water systems is required.
Across these and other themes, agriculture leaders encouraged the CSU Stanislaus and Modesto Junior College to consider development of: (a) certification programs determined through consultation with industry experts; (b) micro-internship experiences aligned with certification objectives; and (c) support in navigating application, interview, and hiring processes.
Investment Ask
Seek match funding of up to $1M to local institutions of higher education to expand certification programs in specialized ag fields. Explore expansion of the Modesto Junior College and CSU Stanislaus programs to meet specific industry demands real-time.
#9..
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FUND
EXPANSION OF
THE NATIONAL
FARMWORKER
JOBS PROGRAM
Fund expansion of the National Farmworker
Jobs Program (NFJP) at the Central Valley
Opportunity Center (CVOC). The NFJP is
the most successful job training program
operated by the U.S. Department of Labor
(DOL). CVOC is the local grantee for this
program, which is aimed at educating
and training farmworkers into jobs that
allow them to earn an income to sustain
themselves and their families. In addition
to employment and training, CVOC serves
farmworkers in other ways, including
transportation, rental and utility assistance,
health, pesticide safety, GED, ESL, housing,
and economic development.
STANISLAUS 2030 INVESTMENT BLUEPRINT
31 TALENT
DEVELOPMENT
Our Community’s Solutions
Investment Ask
$1M in funding to extend the federal training program
to include undocumented farmworkers. Partner with
Central Valley Opportunity Center (local grantee
of National Farmworker Jobs Program) and other
aligned community-based organizations, to increase
access to programming specifically designed to
educate and train farmworkers into jobs that allow
them to earn an income to sustain themselves
and their families. CVOC would expand services
to undocumented workers and their children, to
include vocational training in a variety of occupations, academic development, language development,
basic job skills training, and immigration assistance.
In addition to education and training services CVOC
can provide support services such as rental assistance, emergency shelter, food assistance, utilities payments, training related service stipends, clothing assistance, transportation assistance, and referral to other
community partners that can fill in any service gaps.
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Remove Non-Skill
Barriers to
Jobs & Training
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18 Stanislaus 2030 Market Assessment, pg 31
19 Stanislaus 2030 Market Assessment, pg 31
ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
In addition to workforce training, special attention must also be paid to non-training barriers to workforce participation and success. For instance, Brookings analysis of the region’s “out of work” population points to challenges around childcare access and limited English proficiency as above average barriers to labor force participation, including for individuals already having higher educational attainment.18
Within our current workforce, women make up 63% of 25-54 years olds who are out of work. 60% of Stanislaus County’s out-of-work 25-54-year-olds who have at least a high school diploma are caring for children (compared to 40% nationally). And in Stanislaus County, 74% of out-of-work residents who have a bachelor’s degree are people of color.
Intermediary activities that help businesses and workers solve these challenges for mutual benefit, such as novel approaches to offering childcare, can unlock an additional segment of the labor force and improve racial and gender inclusion.19
To expand the local workforce, Stanislaus 2030 focused on two strategies:
access to safe and affordable childcare, and transportation.
REMOVE NON-SKILL BARRIERS
TO JOBS & TRAINING
OVERVIEW
Childcare
Transportation
Parents don’t have ways to ensure
their children are safe and cared
for during the hours they want/
need to work/train.
Not everyone in Stanislaus
County has access to
transportation that allows them
to get to and from living wage
jobs and training programs.
Parents have ways to ensure
their children are safe and cared
for during the hours they need/
want to work/train.
Regardless of where you live
in Stanislaus County, you can
access transportation to work
and training when you need it.
SHIFT
NAME
FROM
[Current State]
TO
[Desired Future State]
There are several critical shifts that are necessary in order to reach the stated goal.
STANISLAUS 2030 INVESTMENT BLUEPRINT
33 REMOVE NON-SKILL BARRIERS
TO JOBS & TRAINING
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By 2030, Stanislaus County job seekers
will be able to access training and
employment that provides a pathway to
prosperity. Barriers that have nothing to
do with their skills will not get in their way.
PARENT AND EMPLOYER-LED
CHILDCARE COOPERATIVES
Child care is essential for economic prosperity. A good child care system both creates and enables jobs by supporting good jobs for those working in child care, and enabling parents to participate in work, education, job training, or other related activities.
In Stanislaus County, access to high quality child care is a serious barrier for many families. Pre-Covid, only
16.5%20 of working parents with children had access to licensed child care spaces, and Stanislaus County Office of Education estimates that in order to meet the local workforce demand, the County would need to add approximately 36,000 childcare slots for children ages 0-11.21 The pressing need for child care facilities has prompted parents, educators, employers and communities to create new structures and methods for the development of child care programs. Increasingly, parents and employers alike are finding that professionally operated child care cooperatives best meet their expanding child care needs. According to a 2021 report on the cooperative landscape in California, child care cooperatives are an effective way to expand child care options for parents, provide better pay and benefits for workers, offer a realistic option for employers to support employee childcare needs on or near-site, and improve working conditions for family child care providers.22 20 California Child Care Resource and Referral Network, California Child Care Portfolio (Apr. 2020); U.S. Census Bureau, American Community Survey public use microdata (Oct. 2020). 21 Stanislaus Child Development Local Planning Council, 2020 Child Care Needs Assessment, 2020 Our Community’s
Solutions
Goals
STANISLAUS 2030 INVESTMENT BLUEPRINT
34 REMOVE NON-SKILL BARRIERS
TO JOBS & TRAINING
#9..
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22 California Cooperatives: Today’s Landscape of Worker, Housing and Childcare Cooperatives, California Center for Cooperative Development, Multiplier for its program Project Equity, and Sustainable Economies Law Center, 2021
23 Source: Parent Cooperative Preschools, International 24 Ibid
Child care cooperatives can take multiple forms, and
the Stanislaus 2030 work group process uncovered
two models that have potential to grow locally:
Parent/Community Cooperatives
The parent cooperative structure gives parents a voice in the operation of the child care program. As co-owners of the cooperative, parents must be wellinformed and actively involved in their child’s care. Parental participation goes beyond policymaking and might include sharing special activities or hobbies with children at the center. Parents work closely with a professional staff to ensure that their children receive care and education of the highest quality.23 Investment Ask
$500,000 over three years to fund planning objectives, which will be to identify technical experts to develop prototype cooperatives with local employers and parents, determine location for pilot parent and business cooperatives based on child care deserts in the County, organize a group of businesses in an identified geographic area to invest in a central child care center (“near-site”), identify all ongoing infrastructure needs, including financials, physical space, licensing, insurance, staff models, curriculum, etc., develop a shared governance model between employers and parents who will get to make decisions about staffing and operation procedures,, and secure public and private funding to support business plans.
$1,000,000 is proposed to be set aside to support infrastructure and operational costs associated with the launch of three pilot projects over three years; two business-led cooperatives and one parent/ community-led. Expenses associated with business-led cooperatives will include start-up costs and incentive programs for employers to adopt a childcare cooperative model for employees. A parentled cooperative investment request will include launch and operational costs, in addition to potential collaboration funds for community-based organizations that may anchor support services.
Employer Cooperatives
A “Consortium Model” of cooperative child care where a group of employers or organizations form a child care cooperative to be owned by their combined employee groups, which provides benefits to both parents and employers. Businesses work together to offer child care services within industrial parks and commercial developments for the benefit of those employed there. Other examples may include developers offering child care facilities as a benefit to their tenants, or municipalities placing a new emphasis on the availability of child care services within the workplace. Sponsoring organizations typically provide start-up capital for the venture, donate space for the center and hire management.24 STANISLAUS 2030 INVESTMENT BLUEPRINT
35 REMOVE NON-SKILL BARRIERS
TO JOBS & TRAINING
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Stanislaus County’s bus transportation system is organized around two primary transportation hubs - Modesto and Turlock. Although centralization in the two largest cities makes travel efficient for those who live near these hubs, it makes public transit difficult for community members who reside a longer distance from these central points.
The availability of manufacturing and other viable job opportunities throughout Stanislaus County does not align with the currently available transportation routes. This creates a barrier to individuals who cannot afford alternative transportation options and severely narrows their access to employment opportunities.
To address this challenge, the Stanislaus County Regional Transit Authority is considering an overhaul of transit service in West and South Modesto as well Ceres, which will expand service in those areas as well as connect those communities with Hughson, Keyes, and Turlock. The addition of these new lines results in the de facto creation of a transit “hub” in the City of Ceres adjacent to the new Walmart shopping center. In early 2023, there will be five new routes circulating through the area and converging in Ceres.
The Stanislaus 2030 workgroup strongly supports this ‘hub and spoke’ model to increase access to public transportation and encourage government partners at the city and county level to stay connected to their end users and stay committed to the development of this new transportation plan.
A viable and needed solution beyond traditional buses and bus routes is a transportation service with routes to exclusively selected industry hubs. Stanislaus County residents will have low-cost access to transportation designed to get them to their employment at times that match their schedule.
EXPANSION OF PUBLIC
TRANSPORTATION TO INDUSTRY HUBS
STANISLAUS 2030 INVESTMENT BLUEPRINT
36 REMOVE NON-SKILL BARRIERS
TO JOBS & TRAINING
Investment Ask
$600,000 over two years, including
$75,000 for research and development
and $300,000 for infrastructure costs (i.e.
purchase of fleet of passenger vehicles,
location of bus stops, and identification of
priority routes and operating times), and
$225,000 to support staffing, marketing,
and maintenance costs in year 2. This
solution can be developed in partnership
with the Stanislaus Regional Transit
Authority and local industry employers.
#9..
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Traded Sector
Development:
Bioindustrial
Manufacturing
#9..
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STANISLAUS 2030 INVESTMENT BLUEPRINT
38 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
To address the region’s deficit in quality jobs that enable economic mobility, Stanislaus County economic development efforts must prioritize diversifying its current industry base with higher-value traded sectors that build on historic strengths. Analysis of market, talent, innovation, and infrastructure factors identified bioindustrial manufacturing as a novel competitive niche for Stanislaus and the North San Joaquin Valley. This emerging sector holds potential to diversify the economy and generate many accessible good and promising jobs for residents, while building upon and complementing historic strengths in agriculture and food processing.
BioMADE, the federally-designated Bioindustrial Manufacturing Innovation Institute, defines the sector as the use of living organisms — including microbes such as bacteria, yeast, and algae — to create valuable new materials or sustainable alternatives to existing petroleum-based materials. The bioeconomy, beyond human health, is poised for annual economic impact of up to $2 trillion within the next 20 years, with the bio-based materials market alone forecasted to grow
26.5% to $87 billion by 2026 in applications ranging from packaging to electronics to automobiles. Furthermore, growth of the bioproduction sector supports environmental and climate goals, national security supply chain priorities, and rural development.
The Stanislaus region is distinctively positioned for this emerging industry, particularly for the commercialization and manufacturing of non-pharmaceutical bio-based product innovations including materials, chemicals, foods, and fuels. Advantages include proximity to relevant inputs (feedstocks), innovation, and talent, as well as in-state market demand and supportive policies. Stanislaus and Merced are the only two counties in the United States that offer the combination of extraordinarily large, diverse agricultural production and a high concentration of manufacturing activity within close driving distance of a superstar tech city.
This mix of factors provides the foundation for Stanislaus County to be the preferred home for bioindustrial manufacturing firms looking to demonstrate viability and scale production beyond a lab setting, as well as commercialize and expand in the California and U.S. markets.
However, unlocking this potential depends on how creatively and productively the region develops and deploys these assets to build an ecosystem.
TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
OVERVIEW
#9..
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Regional Alignment,
Leadership,
and Visibility
Innovation-to-Scale
Ecosystem
The region is recognized in
the US and globally by
industry, innovators, and
investors as the best place
to grow a bioindustrial
manufacturing business, with
an active, coordinated regional
network that supports and
communicates leadership
in the sector.
Coalitions in the region provide
an easily accessible and
customizable set of resources
– from facilities to workforce
to technical assistance –
that prioritize bioindustrial
manufacturing firms looking
to scale or locate.
Sector supports in the
region connect with outside
innovators, suppliers, and
consumers to address barriers,
transfer from lab scale to pilot
scale, and bring innovations to
market production.
SHIFT
NAME
FROM
[Current State]
TO
[Desired Future State]
By 2030, Stanislaus County will be a top location in the country for bioindustrial manufacturing firms from scale-up to commercialization, creating significant numbers of new quality jobs for residents across all skill levels.
To achieve that vision, public, private, and civic stakeholders will align and expand the region’s ecosystem of assets and supports required for firms and workers to succeed – diverse and abundant feedstocks, talent pipelines, infrastructure, as Vision and Goals well as access to innovation and problem-solving expertise.
The region is not perceived
internally or externally as
a potential leader in the
emerging bioindustrial
sector, or organized around
the opportunity.
Despite the region’s many
distinctive foundational
assets, new and expanding
businesses do not yet
have access to focused
and specialized shared
infrastructure, capital, and
other supports.
While there is abundant
R&D and entrepreneurial
activity in proximity to
the region – with facilities
demand exceeding capacity
– there is limited local
activity or connections to
test and validate, secure
financing, commercialize,
and produce at scale.
There are several critical shifts that are necessary in order to reach the stated goal.
Targeted
Resources and
Infrastructure
STANISLAUS 2030 INVESTMENT BLUEPRINT
39 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
#9..
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Our Community’s
Solutions
The strategic investments identified include three cross-cutting initiatives that integrate these pillars and ten program interventions that bolster individual pillars. As a core principle, these tactics aim to ensure inclusive access to quality jobs created in the industry.
Activities complement, rather than replicate, what already exists in Northern California, recognizing the unique benefits of the region’s proximity to a global center of technological innovation and investment capital. Furthermore, although Stanislaus is leading this effort, the strategies also relate to the broader North San Joaquin Valley encompassing Merced and San Joaquin Counties, which share similar economic, industry, and talent profiles. Together, the tri-county region’s shared assets provide the scale needed to compete in the global bioindustrial manufacturing industry.
Building a Stanislaus regional ecosystem to drive
bioindustrial manufacturing firm growth requires
investment across four pillars for sector cultivation – innovation, capital, infrastructure, and talent.
INNOVATION CAPITAL INFRASTRUCTURE TALENT
STANISLAUS 2030 INVESTMENT BLUEPRINT
40 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
#9..
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Establish a shared pre-commercial scale-up production testbed facility, enabling firms to validate processes and procedures that move from lab-based pilot viability to commercial manufacturing, filling a market gap and distinguishing the region nationwide.
CROSS-CUTTING
INITIATIVES
STANISLAUS 2030 INVESTMENT BLUEPRINT
41 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
Solution
A universal challenge in translating bio-based product innovation to commercialization is the lack of U.S. “production testbed” facilities and assistance that enable firms to advance lab successes to full-scale manufacturing. Establishing a pre-commercial scale-up production facility in Stanislaus will convert an industry problem to a regional economic opportunity for the North San Joaquin Valley, addressing a combination of innovation, talent, and infrastructure ecosystem needs. Anchored by 20,000 liters of fermentation capacity with bioreactors, upstream/downstream processing equipment, and analytical tools, the facility will provide access to intensive technical assistance from process engineers, biochemists, and other experts. These fill the commercialization gap for a pipeline of bioindustrial firms piloting early-stage products at facilities such as Berkeley National Lab’s Advanced Biofuels and Bioproducts Process Development Unit, which is over-subscribed and offers only 300 liters of fermentation capacity. The facility’s firms and staff also can serve local workforce development efforts and provide a base for a bioindustrial business accelerator program.
These capabilities place Stanislaus in a distinctive competitive position nationally and globally as the optimal location for bioindustrial innovators and investors to convert ideas into permanent job creation. It is a visible representation of the region’s role and commitment, putting the North San Joaquin Valley “on the map” for this emerging sector.
Considerations
Final costs depend on site and equipment decisions; more planning and design is required to confirm capital and operating expenses, however input from industry experts and review of international examples offer a reasonable estimate. Given the cost of ongoing operations, the region must develop a longer-term sustainable funding plan for operations after start-up, likely on a contract research organization model. Talent to fill expert roles is in high demand and not prevalent within the region, so investing in recruitment and partnerships with institutions throughout Northern California will be critical.
Investment Ask
Estimated $31 million total (approximately $25 million capital expenditure, plus $6 million startup operating subsidy over three years), pending full planning and design. #9..
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STANISLAUS 2030 INVESTMENT BLUEPRINT
42 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
Solution
Highly-targeted financial and process incentives
to attract lead companies can be valuable tools for
building an ecosystem around a new sector. While
some general-purpose state and local incentives
are applicable to bioindustrial manufacturing firms,
creating a specialized local incentives program will
address distinctive needs, focus benefits, and signal
the region’s position in the marketplace.
These incentives should offer both fiscal and
non-financial supports, but avoid cash-based
subsidies for job creation. Rather, incentives should
be designed to improve firm productivity, based
on research that demonstrates site investment,
workforce training, technical assistance, and
expedited permitting return five to ten times
the value of traditional tax abatement programs.
Specific elements of the incentive program need to
be defined by a local government task force with
further industry engagement to determine the
intersection between authorities available, value to
firms, and structures that protect public benefit.
Considerations
Incentive options in California are constrained
compared to other states, although the proposed
productivity focus should be more workable.
Incentive packages hold risk of loss based on
individual firm performance in the marketplace, so
investments should be used sparingly to promote
a critical mass with businesses that have moved
beyond start-up stages. To the extent possible,
focusing investment in revitalization areas plus
deliberately linking job access to disconnected
communities is shown to increase the return on
incentive funding.
Investment Ask
Estimated value of up to $9 million over three years.
Solution
A Bioproduction Growth Partnership
with dedicated staff will be formed as
a hub for leadership and coordination
in implementation of sector-building
strategies, and to provide a “center of
gravity” for industry and investors.
The hub will coordinate, support,
and execute program design,
business development, marketing
and communications, funding
identification and pursuit, policy
advocacy, and performance tracking.
It will facilitate and augment activities
performed by existing organizations,
avoiding duplication and breaking
silos, and will serve as the region’s
primary representative for visibility
and engagement with the sector.
The hub will also be accountable for
ensuring that inclusive outcomes
are considered and measured across
strategy areas, and will explore special
initiatives that increase employment,
build wealth, and/or address
environmental inequities among
underserved populations.
Investment Ask
$2.3 million over three years for
operational costs including staff,
marketing, events, travel, research, and
administration, as well as stipends for
community organizations to participate
in inclusion initiatives.
Provide a flexible pool of firm-specific,
time-limited incentives to draw anchor
firms, focused on boosting productivity
rather than subsidizing job creation.
Launch a Bioindustrial
Manufacturing Growth
Partnership with dedicated,
ongoing capacity to serve as
a hub for the sector, facilitate
strategy delivery across
multiple contributors, and
promote inclusive outcomes.
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STANISLAUS 2030 INVESTMENT BLUEPRINT
43 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
Institute knowledge transfer partnership programs and innovation vouchers to bolster firm access to cutting-edge technologies, processes, and problem-solving.
INNOVATION
ACCESS
Solution
Although there is an abundance of technical expertise in universities and research labs in Northern California and beyond, small and mid-sized firms struggle to tap these resources because the process for doing so is often opaque, onerous, or expensive. New knowledge transfer partnership and innovation voucher programs will overcome this market failure and enable connections for small and mid-sized firms to access this deep and tailored support for problem-solving.
Knowledge transfer partnerships provide companies with long-term access to expert resources via a university associate working with a firm over at least one year, in addition to meaningful access to a faculty member with deep expertise. Innovation vouchers are a less intensive intervention that allow small to mid-sized firms to buy hours of consulting services from experts at universities or national labs.
Investment Ask
$900,000 over three years, targeting up to 20 firms.
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Solution
Industry-specific accelerators have been successfully
deployed to bolster both existing and emerging
sectors. Distinct from incubators offering light-touch
advising and office space over at least a year, an
accelerator is a short-term (3-6 months), competitive,
cohort-based program in which promising earlystage firms receive intensive assistance and investment, often in return for an equity stake.
A customized bioindustrial manufacturing accelerator
program will be established to serve later-stage
startups, after Series A. Because the region currently
does not have a significant pipeline of “homegrown”
startups, this accelerator initially will focus on drawing in high-potential firms from across the country and
globally, following best practices in similar regions.
The accelerator will offer capital with specialized
supports, such as technical advice and mentorship,
facilities access, curated connections to potential
customers and investors, and shared services like
marketing support. Alumni firms also will receive
post-accelerator services designed to encourage
companies to stay and grow in the region, such as
assistance identifying space and recruiting employees.
Considerations
Without local early-stage startups, the accelerator
model relies on attracting external firms, which
typically is a significant challenge for regions in a
similar position. However, Stanislaus benefits from
proximity to a large pool of entrepreneurs and
investors in Northern California and statewide. There
is a risk of investing in startups that do not stay to
operate and grow in the region. Finally, the region will need to explore whether to build an accelerator from
scratch or partner with national enterprises.
Investment Ask
$10 million over 3 years, with potential for recoupment in 5-10 years assuming ~5% equity stake in firms.
Solution
A vibrant industry sector depends
on the ability of firms to engage
productively with a robust web of
suppliers, customers, and service
partners. Therefore, strengthening the
total value chain for bioproducts in the
region will be central to success. For
example, the North San Joaquin Valley’s
advantage in feedstock diversity is only
realized if agriculture producers and
food processing companies are able
to rethink how they deal with waste
by-products. Similarly, a major draw
for bioindustrial firms are regional
companies that can act as first
customers and innovation partners,
but these prospective customers
may require help integrating new
bioproducts like soil additives or
bioplastic pellets into their production.
Mainstream technical assistance
providers in Northern California, such as
universities or Manufacturing Extension
Partnership programs, offer proven
business strategy and operational
supports for these upstream and
downstream firms, some on a fee-forservice basis. Enabling those providers to target and customize offerings for
bioproducts-adjacent firms, and offset
costs for engaging these external
advisors, will accelerate demand
and partnerships for bioindustrial
manufacturer activity.
Investment Ask
$650,000 over three years, targeting up to
20 firms.
Create an accelerator program
to attract later-stage startups,
bolstering the local ecosystem
and promoting regional identity.
Improve competitiveness of
upstream, downstream, and
adjacent firms to promote
“cluster” effects through
enhanced connections to existing
forms of technical assistance.
STANISLAUS 2030 INVESTMENT BLUEPRINT
44 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
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Raise profile with leading
bioproducts-focused investors,
using national industry finance
networks to connect firms into
the region and help scale-ups
access resources.
Promote access to government
research and commercialization
funding through matches and
application assistance.
CAPITAL
CONNECTIONS
Solution
An abundance of bioindustry-oriented capital
is available for the types of young, innovative,
high-growth companies that the region aims
to cultivate, especially in Northern California.
Sources include specialized investors in
bioproducts, large mainstream investors with
circular economy funds, and broader climate
tech investment vehicles.
Proactive, targeted investor network
cultivation on behalf of the region will
harness these sources of capital in two ways.
First, investors aware of Stanislaus assets
and supportive ecosystem can connect
their portfolio startups to the region as a
prime location to scale operations. Second,
firms in the region can be offered benefits
of relationships with these investors and
knowledge of their principles. Tactical
activities involve outreach to connect with
funders and attend conferences, hosting
in-market events, and providing insights to
firms with high-quality marketing materials
and pitch decks.
Investment Ask
$200,000 over three years for outreach,
including research, marketing, convenings,
and technical assistance.
Solution
Due to risks, private sector investors in
emerging sectors tend to underinvest
in early-stage businesses for research
and development required to achieve
commercialization. Public funding like
the federal government’s Small Business
Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) programs
fill this gap, competitively awarding grants for
small firms to do commercialization-oriented
R&D independently or in partnership with a
research institution. Numerous evaluations
find these programs have transformative
impacts on business creation and growth.
Helping bioindustrial manufacturing firms to
access SBIR/STTR or similar sources through
match funding and application assistance,
tied to their operations or institutional
partnerships in the region, will leverage a
proven mechanism for reducing investment
risk and promoting the sector. About 20 states
provide similar assistance, but California is not
among them; a targeted regional initiative fills
an obvious gap and affords a clear competitive
advantage, at relatively low cost.
Investment Ask
Up to $1 million for matches over 3 years, with
staff support to execute, pending industry
expert consultation on program design and
funding thresholds for the sector.
STANISLAUS 2030 INVESTMENT BLUEPRINT
45 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
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While Stanislaus offers large developable sites with good access to logistics, water, and power at comparatively low cost for Northern California, the region can translate that to a sectoral comparative advantage by compiling a strategic site portfolio with potential industry-specific investments, and exploring specialized infrastructure to enhance access to bio-based product inputs.
INFRASTRUCTURE
STANISLAUS 2030 INVESTMENT BLUEPRINT
46 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
Solution
Availability of sector-appropriate “shovel-ready” sites remains a significant factor in business location
decisions, complemented by workforce and other
inputs. Furthermore, research indicates that investing
in brownfield redevelopment or infrastructure in
distressed areas are among the most cost-effective
interventions for job creation.
Therefore, critical to attracting and expanding
bioindustrial manufacturing firms in the region is
understanding their distinctive site needs, identifying and marketing a portfolio of appropriate sites, and potentially offering support to improve site readiness. Site preparation activities are not solely about physical development, but also regulatory steps such as zoning reforms or preapprovals of initial environmental reviews that make the region the easiest place in California to locate and operate.
Considerations
More detailed data on the specific real estate needs of bioindustrial manufacturing firms is required to guide
prioritization and investments in readiness. If needs
vary greatly by firm, then the focus is on basic site
portfolio inventories, targeted marketing, and flexibility in responding to leads; if needs are very similar across firms, then investment in developing more speculative
facilities could be considered.
Investment Ask
$100,000 for identifying site-specific needs of
bioindustrial companies, then creating a portfolio of
viable locations for marketing and determining gaps;
future budget could be fulfilled by the proposed
flexible firm-specific incentives pool, or be justified separately for general physical improvements.
Solution
Availability of consistent, affordable,
and usable feedstocks is a prominent
market barrier to emerging bioindustrial
production. Investing in regional
infrastructure to access supply can offer a
significant competitive advantage.
While an issue of ongoing exploration
and experimentation nationally, the North
San Joaquin Valley is well positioned to
lead on identifying solutions, which can
distinguish it as an innovator and location
for industry growth.
Ultimately, interventions may take several
forms, at varying expense. A low-cost
“soft infrastructure” intermediary or
clearinghouse function would enable
feedstock suppliers and bioindustrial
users to aggregate demand, send
clear signals, and connect efficiently
in the marketplace. At the other end
of the spectrum, a capital-intensive
pre-processing “depot” could be built
to receive multiple waste streams and
produce intermediate outputs sold to
bioproduct companies.
Investment Ask
No immediate direct cost beyond existing
staff time to explore options with national
experts, potentially leading to either
nominal operating expenses or a future
larger capital expenditure proposal.
Promote site portfolio awareness and
readiness, targeted to unique needs
of bioindustrial manufacturing firms.
Create upstream infrastructure
for accessing feedstocks
to improve efficiency and
reliability of inputs.
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TALENT
STANISLAUS 2030 INVESTMENT BLUEPRINT
47 TRADED SECTOR DEVELOPMENT:
BIOINDUSTRIAL MANUFACTURING
Solution
Developing a consistent, long-term talent pipeline
for the sector requires intervening on both the
demand and supply side: ensuring that bioproducts
firms are able to collectively define their talent
needs as a sector, and that workforce development
organizations work quickly and collaboratively to
meet those needs at the necessary scale.
The region’s broader Manufacturing Talentto-Industry Exchange initiative provides the mechanism to achieve this objective, incorporating
a special focus on bioindustrial manufacturing
firms. Emphasizing a subsector is appropriate as
part of a prioritized cluster-building strategy; within these broader activities, participants can analyze
occupational demand data, collect sample training
curricula in from other markets, and pre-organize
providers into a “plug-and-play” support team.
Having this dedicated, informed provider
partnership in place will set the foundation for
rapid response in anticipation of growth, enable
proactive identification of required skills, and send
a clear message to target firms about the region’s
commitment and capability to meet needs.
Investment Ask
Costs are incorporated into the proposed
Manufacturing Talent-to-Industry Exchange budget.
Solution
Bioindustrial manufacturing demands both
skilled production workers and a range of
specialized talent that is in short supply nationally:
chemical and biological engineers, data scientists,
mechanical engineers, materials scientists, and
more. While the North San Joaquin Valley cannot
match the talent production pipeline of large
innovation centers, it can compete by building the
foundation of students with bioindustry-relevant
STEM qualifications at all educational levels,
particularly reaching diverse populations less
represented in these quality jobs.
Connected with program opportunities identified
for the Manufacturing Talent-to-Industry
Exchange initiative, these bioindustry-targeted
activities encompass work-based learning
opportunities and student research experiences
from high school through college, plus
intensive supportive services for post-secondary
completion. This strategy will draw upon best
practices and relevant new education models
emerging in comparable regions.
Investment Ask
$2.45 million over three years ($950,000 for workbased exposure pilot program serving at least 100 students, and $1.5 million for a degree completion
support program serving up to 150 students).
Provide a “plug-and-play”
workforce system response to
emerging bioindustrial firms,
leveraging the Manufacturing
Talent-to-Industry Exchange.
Boost and diversify the pipeline of
STEM graduates with bioproductsrelevant degrees and industry exposure through work-based learning and
intensive support services.
Access to talent is the most-cited consideration for firms to locate or expand, and workforce capabilities also are the most significant contributor to regional competitiveness and economic mobility. While the Stanislaus labor pool possesses core talent adjacencies with bioindustrial manufacturing, additional training and investments are required to fulfill this potential.
Because the sector is emerging, economic and workforce development systems confront a “chicken-egg” dilemma balancing current jobs available for qualified workers versus availability of workers to meet new industry demand. The investments below will prepare the workforce system for rapid, priority response to anticipated needs of bioindustrial firms, as well as bolster the region’s foundational talent base in relevant STEM and manufacturing fields, ensuring access to address racial and gender disparities.
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Governance &
Capacity Building
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ENTREPRENEURSHIP AND
SMALL BUSINESS DYNAMISM
According to Brookings guidance on successful regional initiatives, whether regions can deliver on their ideas and ambitions depends on effective “governance”—the formulation and execution of collective action across institutional, jurisdictional, and sectoral boundaries. Explicitly assessing governance acknowledges that achieving desired economic development outcomes depends on action beyond the direct control or resources of economic developers.
What has largely been missing from our community is a neutral intermediary to lead and drive economic and workforce projects and initiatives forward across various actors, institutions, and interests. After assessing local governance dynamics in Stanislaus, Brookings advisors delivered a report identifying how new leadership and institutional relationships will be critical to project success and the delivery of larger economic outcomes.
Traditional metrics for economic development organizations positioned them as independent actors, emphasizing new jobs or capital expenditure typically associated with business attraction through their marketing and incentive activities. However, economic development organizations are only responsible for a subset of the programs, policies, and investments that drive competitiveness. For example, addressing the shift by business to rank skilled labor availability and production as the overall top priorities for location decisions is the purview of the workforce development system.
An “ecosystem” view reflects that diverse contributors hold different levers influencing economic results, and impact depends on how well these separate private, public, and civic institutions focus their efforts to achieve common goals. The return on individual contributions is greater when investments in business support, workforce training, university innovation, and infrastructure buildout are targeted rather than dispersed. More than a willingness to communicate, this relies on shared strategies and metrics around which stakeholders organize and implement their contributions.
GOVERNANCE &
CAPACITY BUILDING
OVERVIEW
STANISLAUS 2030 INVESTMENT BLUEPRINT
49 GOVERNANCE &
CAPACITY BUILDING
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To deliver on the Stanislaus 2030 Action Plan & Investment Blueprint, the creation of a neutral intermediary is essential and recommended. Private, public, and civic sector leadership must agree on roles, norms, and resources, including a “center of gravity” for facilitation and accountability so that agreed strategies are more than a stated ambition without implementation. This includes:
Our Community’s Solutions
CREATE A TEAM TO DRIVE
DISTRIBUTED IMPLEMENTATION
l A shared agenda among business,
government and education for inclusive
economic development focused on traded
sector opportunities, small business
innovation, workforce development and
removing barriers to jobs and training.
l Ensure program delivery with key partners
and collaboratives. Monitor and adjust
implementation for outcomes.
l Sustained, consistent leadership connected
to shared agenda long-term, with
involvement from multiple sectors.
l Builds partnerships with Higher Ed
Institutions so that education programs
are ultimately responsive real-time to
industry needs.
l Industry partners that understand ‘what
it takes’ and clarify what level of workforce
development supports they need.
l Proactively secure public and private funding
based on solutions that scale within a shared
agenda and connect to funding streams for
projects within the pipeline.
l Acts as a centralized data and resource hub
to track metrics, share best practices.
l Create policy and advocacy objectives that
connect local programs to state and federal
legislation.
l Participate in regional tables on related
issues (i.e. Community Economic Resilience
Fund for North San Joaquin Valley region).
STANISLAUS 2030 INVESTMENT BLUEPRINT
50 GOVERNANCE &
CAPACITY BUILDING
Investment Ask
$1 million over three years, to create an intermediary
structure to act as the center of gravity for an inclusive economic development agenda. Leadership/project
management team will convene and drive distributed
implementation plans for all strategies identified in this report. This agile small team will also monitor data related to outcomes, focus on equity and inclusion and align with regional Community Economic Resilience Fund (CERF)
efforts and other state activities. Committee who will
review the applications.
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BUILD CAPACITY
OF LOCAL
GOVERNMENT
AROUND INCLUSIVE
ECONOMIC
DEVELOPMENT
Local government leaders play a pivotal role
towards building a resilient economy, including
the power to build policy and scale initiatives. The
commitment of local government staff and leaders
is essential to sustain inclusive growth as a path
to greater prosperity, health, and well-being for
residents in Stanislaus County.
There is a compelling rationale for local
government to strive for greater institutional
alignment. Evidence suggests that businesses
benefit from being in regional economies that
have strong, networked organizations around them
with shared systems and objectives for measuring
inclusive growth.
Yet, it can be challenging and overwhelming
for local government practitioners to tackle and
prioritize inclusive growth objectives. According
to the Brookings Institution, “local leaders are
increasingly aware of the inclusive growth
imperative. Their problem is not one of knowledge
or motivation, but rather in marshaling the
capacity—fiscal, political, and institutional—to act
at a scale commensurate with the problems that
they face.”25
Additionally, the Center for Public Impact
reports that the biggest barriers that prevent
or hamper cities collective efforts to bolster
inclusive economic development include limited
staff capacity and lack of networks within and
across government institutions to reinforce
shared priorities. Local governments are also
inherently risk-averse, which makes it difficult to
shift policies and practices that deviate from the
status quo.26
Based on these challenges, Stanislaus 2030
recommends strategic investments in local
government capacity to advance inclusive growth,
including resources to build stronger networks
across municipalities to help align objectives
and leverage resources, and funds to increase
innovation within government institutions. One
novel solution is to scale the Fuse Corps program
to Stanislaus County, which partners with
local governments and communities to more
effectively address pressing challenges by placing
experienced professionals in local government
agencies. FUSE Executive Fellows lead strategic
projects on pressing issues at the local level, such
as economic development and workforce training,
that are designed to accelerate progress and
advance racial equity.
25 Parilla, Donahue, and Martinez, Institutionalizing inclusive growth: Rewiring systems to rebuild local economies, Brookings Institution, 2022 26 Humes, Zuluaga, Hanna, Gormley, Learning from city leaders: building inclusive economies, Center for Public Impact, 2021: https://www.centreforpublicimpact.org/insights/ learning-from-city-leaders-building-inclusive-economies STANISLAUS 2030 INVESTMENT BLUEPRINT
51 GOVERNANCE &
CAPACITY BUILDING
Investment Ask
Up to $250,000 for collaboration among
economic development practitioners
across cities and county agencies, building
a network to encourage peer sharing,
learning and aligned action.
Up to $250,000 in Fuse Corps fellowship
program and host Executive Fellows in
Stanislaus County workforce and economic
development departments to support
system alignment with inclusive growth
objectives of Stanislaus 2030.
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Stanislaus 2030, in an intensive 10-month sprint, produced more than this investment blueprint; it changed the way we think about our economy, educated us on our wage thresholds
and the true drivers of economic resilience, and widened our definition of success beyond employment rates to
multiple metrics for economic vibrancy.
But if Stanislaus 2030 is to be successful in the
long-term, it will require prioritization and ongoing
partnership among local government, higher education
institutions, private business and civic leaders. We must learn to meaningfully engage more community members. We must
step into hard conversations about who is left at the margins of our economy and why. And, we must build long term accountability for the business plans activated as a result of this Investment Blueprint.
WHAT’S NEXT FOR
STANISLAUS 2030
Alignment Across
Institutions & Initiatives
Meaningful alignment among our local
institutions and systems is paramount to the
success of all strategies within this blueprint.
The main impediment to our community’s longterm success is the fragmentation and often competing interests of various actors in our
region. In order for us to make transformational
change at the whole population level, versus
discrete outcomes for a small group, we must
develop mutually reinforcing strategies among
local government, higher education, local industry
and within our social services. This can look like:
l Alignment of organizational strategic plans
around the priority focus areas within the
Stanislaus 2030 Blueprint
l Utilizing the Market Assessment and data
book to inform organizational strategic
planning and funding decisions
l Building multi-stakeholder collaboratives that
focus on issue areas
l Connecting funding to do ‘double duty’ and
extend to more clients/local community
members
Advancing Equitable
Outcomes
While COVID-19 disrupted the lives of every
community member in Stanislaus county, the
socio-economic impacts of the pandemic were
unevenly experienced. Stanislaus and neighboring
counties consistently ranked high in transmission
rates throughout the pandemic due to several
variables, including the large number of essential
workers that reside in our community. Our essential
workers, largely people of color, were most impacted
by the ravages of COVID both from a public health
standpoint as well as economically. And yet these
were often the same individuals and families that
faced multiple barriers to accessing supportive
services. This was also the case with our small
business community, and particularly Latino-owned
entrepreneurs that may not have had traditional
banking relationships to readily access public
relief funds. Local government leaders pivoted to
address these gaps during the pandemic, which was
admirable. And yet, a sustained, consistent focus
on understanding and removing demographic
barriers to education, training and quality jobs must
be specifically addressed in future activation plans
resulting from this Investment Blueprint.
STANISLAUS 2030 INVESTMENT BLUEPRINT
52 #9..
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Business Plans
The driving force for Stanislaus 2030’s vision
and mission was to arrive at a concrete set of
strategies that can be operationalized by local
partners, to make the ‘case for investment’ in
Stanislaus County. The strategies and community
solutions listed in this Investment Blueprint
must now be activated through the creation of
business plans. Public and private funds must
be secured to ensure that these business plans
move forward; technical consultants can be
tapped where appropriate; and collaboratives
must organize, with support, to advance
collective action.
Community
Engagement
Throughout the Stanislaus 2030 process,
we engaged with community members to
understand their experiences in our local
economy. In addition to participating in focus
groups, community members were asked
to join workgroups to further dive into the
strategic focus areas and provide solutions that
made tangible sense. A community survey was
conducted in the last month of Stanislaus 2030
to get another real-time sense of the goals,
aspirations and challenges local community
members face. Not surprisingly, many community
members feel disconnected from the systems
that seek to support them. As we move forward
with seeking funding for all aspects of this
investment blueprint, the following must be
considered:
l Facilitating community conversations and
active participation in all business plans
operationalized from this Investment Blueprint
l Creating leadership opportunities for
community members in the programs that
result from business plans
l Creating and sharing metrics for each
program, disaggregated by race, gender
and other demographic data points
Accountability
This is not a report that is ‘going to collect dust
on a shelf.’ Stanislaus 2030 was conceived as an
organizing initiative that had an urgent, laser
focus on understanding and uplifting the concrete
strategies that will bolster a robust economy well
into the future.
To achieve this scale of transformation, a group
of local leaders from multiple sectors across our
community will be invited to serve at the helm
of an intermediary team that drives distributed
implementation across all strategies. This small
team will provide support to multiple partners
responsible for the Investment Blueprint strategies.
This effort will be incubated, for a period of time, at Stanislaus Community Foundation, with support
from Stanislaus County and others.
STAY UPDATED ON OUR
PROGRESS BY VISITING
Stanislaus2030.com
FOLLOW US
STANISLAUS 2030 INVESTMENT BLUEPRINT
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WITH GRATITUDE TO OUR PARTNERS
Stanislaus 2030 has received support — both time and resources, from numerous public, private and civic partners.
FUNDERS
Jody Hayes
Stanislaus County
Chief Executive Office
Tina Rocha
Stanislaus County
Chief Executive Office
Patrick Cavanah
Stanislaus County
Chief Executive Office
Marian Kaanon
Stanislaus Community
Foundation
Amanda Hughes
Stanislaus Community
Foundation
Becky Meredith
Independent
Consultant
Catherine Larsen
Independent
Consultant
STANISLAUS 2030 INVESTMENT BLUEPRINT
54 Karen Warner
Independent
Consultant
Kate Trompetter
Independent
Consultant
Manny Escamilla
Debrief
Nancy Martinez
Debrief
Jose Borroel
Debrief
Marek Gootman
Brookings Institution
Rachel Barker
Cities GPS
Elizabeth Patterson
Cities GPS
*Nelson Gomez
La Favorita Radio
Angelica Anguiano
Law Offices
of Angelica J.
Anguiano
Anthony Sims
City of Ceres
Evan Porges
Porges Property
German Zavala
SBDC
Jaylen French
City of Modesto
Joe Duran
Stanislaus Equity
Partners
Johnny Garcia
Hispanic Chamber
of Commerce
BACKBONE TEAM SMALL BUSINESS &
ENTREPRENEURISM WORKGROUP
Jose Sabala
Oak Valley
Community Bank
Kathryn Davis
Valley First Credit
Union
Ninfa Smith
Stanislaus County
Office of Education
Trish Christensen
Modesto Chamber
of Commerce
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TALENT
DEVELOPMENT
WORKGROUP
*Michelle Lewis
Gallo Winery
*Scott Siegel
Ceres Unified School District
retired Superintendent
Amber Edwards
Opportunity Stanislaus
Anthony Cannella
Northstar Engineering
Deb Rowe
Stanislaus County
Office of Education
Doris Foster
Stanislaus County
Workforce Development
Emily Harry
Ceres Unified School District
Jessica Godden
Stanislaus Partners
in Education
Kari Knutsen Miller
CSU Stanislaus
Kris Helton
J.M. Keckler Medical Co.
Leslie Beggs
Yosemite Community
College District
Matthew Pedrick
Gallo Winery
Megan Lowry
Stanislaus County Office
of Education
Pedro Mendez
Modesto Junior College
Rachel Barkus
Modesto City Schools
Richard Coffey
Gallo Winery
Richard Ogle
CSU Stanislaus
Shelley Akiona
Modesto Junior College
Tim Harms
Pacific Southwest Container
Tina Rocha
Stanislaus County Chief
Executive Office
BARRIERS TO
JOBS & TRAINING
WORKGROUP
*Betsy Cottel
E. & J. Gallo Winery
*Nico Solorio
Stanislaus Equity Partners
Angela Swanson
Stanislaus Regional
Transit Authority
Blanca Marin
Community
Craig Orona
Stanislaus Boys and
Girls Club
David Halvorson Jr
American Chevrolet
Juleeann Fisher
Center for Human Services
Julie Sedlemeyer
CSU Stanislaus
Career & Professional
Development Center
Jose Rocha
MJC Dean Special
Programs
Natalie Emanuel
Community
Roberto Ponce
Stanislaus County
Office of Education
Rosa Hernandez
Center for Human Services
Tony Jordan
SCOE Child & Family
Services
Violeta Cuevas
Stanislaus County
Office of Education
Tyler Richardson
Opportunity Stanislaus
Vickie Mulvaney-Trask
Modesto Junior College
Will Kelly
North Valley Labor Federation
Will Wong
City of Modesto
STANISLAUS 2030 INVESTMENT BLUEPRINT
55 AG BIOPRODUCTION/
CIRCULAR ECONOMY
WORKGROUP
*Ann Veneman
Former United States
Secretary of Agriculture
Andy Foster
Aemetis
Dana Ostenson
IRG
Daren Williams
Almond Board
Dave White
Opportunity Stanislaus
Don Borges
MJC
Gerardo Diaz
UC Merced
Jody Hayes
Stanislaus County CEO Office
Marjorie Zatz
UC Merced
Ryan Flaherty
Sustainable Conservation
Steve Anderson
G3
Stuart Wooley
CSU Stanislaus
Tim Robertson
North Valley Labor Federation
*Indicates Workgroup Champion
SPECIAL THANKS TO THE
FOLLOWING SUBJECT
MATTER EXPERTS:
Brookings Institution for their guidance
on all subject areas; Jobs for the
Future for their guidance on talent
development; Mission Edge for their
guidance on small business supports;
BioMade for their guidance on ag
bioproduction/circular economy. Don
Borges, Modesto Junior College; Dr.
Emily Lawrence, CSU Stanislaus and
Seana Day, Better Food Ventures
for their guidance on ag upskilling/
reskilling recommendations.
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This project is being supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S. Department of the Treasury.
The full market assessment, data book, community
insights report and other supplementary information
can be found on our website, Stanislaus2030.com.
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OUR YOUTH DESERVE THE BEST
Walking into one of our Digital NESTs is like walking onto a Google campus—only even better because our spaces are infused with community, culture and love. As you enter a NEST, not only do you find state of the art computers, software and artistic equipment but also kitchens stocked with healthy food, vibrant sounds and sights of music and art, and a community of mentors and peers who will always have your back. We designed our spaces to bring the very best to our youth and to help them re-imagine what’s possible for themselves and their community.
Digital NEST brings growth and stability to the rural, agricultural-based cities of Watsonville and Salinas. Our communities were historically locked out of the economic opportunity and digital innovation brought by tech to other California communities. We knew that our kids deserved the very best to nurture their talents, wisdom and passions so we built our own thriving center for technology and empowerment that prepares our young people to prosper in the workforce. Digital NEST spins a web of connection and opportunity across the entire community. “Because of the
NEST, I finally
know what I
want to do with
my life, and how
to do it.”
—Alexis
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WHY DIGITAL NEST WORKS
Our NESTs expands on the idea of a networked community.
Digital NEST doesn’t just connect youth to the internet and workforce training but to a broad network of local businesses, elected leaders, community organizations and neighbors who experience the ripple effects of opportunity and optimism seeded at the NEST.
● Above and beyond tech. The NEST is an inspiring, safe space designed to meet our young people’s needs and invest in their full potential. Youth may come to the NEST to access the internet but what they find is much more- world class facilities, healthy food, and a family who will always have their back, inspire them to dream bigger, and feed their desire for a purpose-driven career and life.
● Our social enterprise is transformative. bizzNEST is our entrepreneurial, tech consultancy that serves local businesses, micro-enterprises and nonprofits. When you need high-quality tech and design services, there’s no need to look outside of the community, look within. Hire our local talent.
● Empowerment builds confidence. Our members natural
curiosity and interest in tech is easily channeled into college and career success. As they master new knowledge and gain technical skills and hands-on work experience, they become confident and capable to succeed in work and inspired to give back.
● Rewriting our Future. Rural, Latino communities have
historically been locked out of the prosperous digital economy.
Our youth often feel that success lies far away in other cities or regions. Digital NEST generates opportunity and excitement about what’s possible here in the rural Central Coast. We engage everyone in our work so that the entire community shares in our success. Hire bizzNEST for your web or
video project
If you are a local or regional
business, hire Digital NEST
to complete your website or
video at affordable rates.
Bring NESTS to every rural
community in California!
Every donation to Digital NEST connects more young people with opportunity, empowerment and community that will propel them to career and life success. Our vision is to create a NEST in every rural community up and down the state of California.
At Digital NEST, we build brighter futures for youth and for our communities. Make a donation today.
Watsonville • Salinas
www.digitalnest.org
digitalnest.org/bizznest
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The Digital NEST is a cool creative space
where you can discover new interests, build
professional skills, and be part of a community
infused with culture and love. Everything from
our state of the art computers and artistic
equipment, to communal working spaces
and kitchens stocked with healthy snacks
are designed to inspire you. Figure out your
professional dreams with classes and programs
that expose you to different careers and offer
hands-on experience — all with the support of
mentors and peers who want you to succeed.
Reimagine
what’s
possible
for yourself
If you’re a youth (ages high school to 24 years-old) in Watsonville or Salinas, you belong at the NEST.
Come, take a class, and reimagine what’s possible for yourself. Membership is free at digitalnest.org.
High Tech for Young Minds
Digital Arts + Technology (DAT)
DAT builds skills and experiences related to
Graphic Design & Art, Video Production ,
Photography and Music Production. Gain insight
and tools to become a multimedia specialist while
creating a portfolio to show potential employers
and clients.
Web + Information Technology (WIT)
No coding experience? No problem! WIT helps
you learn about computer science and engineering
— including coding, software configuration,
and data science. WIT exposes you to careers
in Web Design and Development, Video Game
Development and IT and Systems Administration.
People Projects + Leadership (PP+L)
Organizations need people who can support
good team dynamics. PP+L gives you handson experience managing projects and building teams — valuable skills that can lead to careers in
Project Management, Event Coordination, Human
Resources, and Marketing.
bizzNEST
Be part of our entrepreneurial, digital creative
agency providing video, graphic design, web
design, and photography services to businesses
and nonprofits. Explore careers, earn income and
add value to our community with this on-the-job
training program.
Explore your interests and find career paths
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D I G I T A L N E S T
3,043 Members
1,265 Current Active Members
120+ Placements (in Careers, Paid
Internships, or College)
Since 2014:
O U R M E M B E R S
87% Latinx, 6% White
41% Female
84% From Low-Moderate Income
Households
2 0 2 1 H I G H L I G H T S
100% project completion in Web Design for
Beginners project
Volunteers in Tech Squad provided local lowincome families in with free internet, device support, instructional support, and online tech
support.
In partnership with the California Film
Commission, NEST facilitated an educational
opportunity where members heard from a panel
of film industry professionals
NEST members filmed two short films,
"Maritza's Maiz" and "Disposable".
Web & Information Technology (WIT):
Digital Arts & Technology (DAT):
b i z z N E S T H I G H L I G H T S
62+ Paid Interns
216+ Projects
40,620+ Project Hours
$682,425+ Earned by Interns
Since 2016:
D I G I T A L N E S T
Members Served
Since 2014
3 , 0 4 3
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279
Digital NEST
Alumni on
average earn have been provided with free technology, a safe creative collaborative space, workforce skills
training, mentors, inspiration and opportunities
to soar. We help young careers take flight.
87% Latinx
10% White
2% Mixed Race
1% Other
Male
demographics
74% of our members report that Digital NEST
taught them important workplace skills like web
development, project management, digital arts,
and more.
Develop
Workplace
Skills
70% of our members report that Digital NEST
helped them gain experience that will help them
out-compete other job seekers.
Get
A Real Edge
Notes: Data matters to us. Digital NEST is now working with research groups ETR and Applied Survey Research (ASR) to measure and improve the impact of our programs.
Watsonville • Salinas • www.digitalnest.org
_ $24,788
more annually
compared to what they were earning before
taking classes at Digital NEST.
74%
70%
teens &
young 2,466 adults
Projected
Annual
ECONOMIC
Impact = Average annual income increase ($24,788) x # of annual Placements
Placements = # of youth placed in high-quality careertrack employment, internships, and/or college
Year 2018 2021 2023 2028
Locations 2 2-3 4 16
$371,820
(15)
$1,487,28
(60)
$2,974,560
(120)
$11,898,240
(480)
Impact
Placements
45 members
have become bizzNEST
Member Consultants,
paid to work on
projects with real
clients.
SiNCE 2014
100+
members
have been placed in
high-quality
careertrack jobs,
internships, and/or
college.
Since 2016
58% 40% 2%
Female Not Set
Impact
High Tech for Young Minds
How We Connect,
Transform, &
Create Opportunities
#9..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 11, 2023
Date: June 14, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Partnership with Self-Help Enterprises for the Morris Village development CONTACT: Edgar Garcia, Housing and Urban Development Supervisor [email protected], 209-577-5211
DESCRIPTION:
Consider approving a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for an amount not to exceed $3,500,000 in loans, $100,000 in activity delivery costs, for a grand total of $3,600,000 to apply for the State of California Multifamily Housing Program. (Funding Source: Permanent Local Housing Allocation and American Rescue Plan HOME Investment Partnership)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: Develop a Homelessness and Housing Plan.
BACKGROUND:
As an Entitlement community, the City receives funding regularly from the U.S. Department of Housing and Urban Development1 (HUD) that requires the City, to develop an Annual Action Plan that describes proposed funding priorities for activities funded with Community Development Block Grant2 (CDBG), HOME Investment Partnerships (HOME), and American Rescue Plan HOME Investment Partnerships (HOME-ARP). The City also qualifies for an annual allocation from the State of California from the Permanent Local Housing Allocation (PLHA), each designated to fund components of the development of affordable housing.
Despite multiple affordable housing agencies and the availability of housing vouchers and rental subsidy programs there is a shortage of housing units in the city. 1 https://www.hud.gov/
2 https://www.hud.gov/program_offices/comm_planning/communitydevelopment/programs/ - “The Community Development Block Grant (CDBG) program is a flexible program that provides communities with resources to address a wide range of unique community development needs”. #10..
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City Council, July 11, 2023
Partnership with Self-Help Enterprises for the Morris Village development
To help address this shortage, the City of Modesto (City) released a Request for Proposals (RFP) for Affordable Housing projects on December 14, 2022, to solicit qualified proposals for the various funding sources the City receives as an Entitlement community that can be used for the development of affordable housing. This approach helped create a pipeline of projects allowing the City to be strategic with funding allocations for housing projects and availing more opportunities to leverage additional funding to promote development in the City.
This RFP process prioritized review of applications submitted that are Tier 1 – Design Development defined as New Construction or Rehabilitation with 50% of the project funding identified, with site identified and can be under contract by time of award, can obtain permits within 6 months, and can demonstrate construction can begin within 12 months of award. The RFP submission process also requires housing developers demonstrate ability to:
Construct, acquire, and/or rehabilitate affordable housing developments Maintain affordable housing developments and
Adhere to all program guidelines and funding requirements are encouraged to submit applications.
Populations to be served by housing: extremely low- (30% Annual Median Income (AMI)), very low- (50% AMI) and low-income (80% AMI) households or as specified by funding source requirements.
Each qualified development will be evaluated for suitability of all applicable funding sources. All requirements of the applicable funding sources will apply to developments funded under this NOFA.
Proposed developments must be leveraged with other funding sources, such as private equity loans from lending institutions, funds from federal, state and/or local programs.
Successful applicants will be able to clearly demonstrate how their proposal will improve access to affordable housing within the City of Modesto and maintain restricted units, as applicable, for the duration of the affordability period.
DISCUSSION:
Self Help Enterprises (SHE) submitted their Tier 1 proposal by the RFP deadline of January 25, 2023, for a project located on East Morris Avenue, 225 feet east of McHenry Avenue, for development of a 45-unit affordable rental housing project. The project is a multi-partnership with Stanislaus Equity Partners (STEP) and the Stanislaus County Behavioral Health & Recovery Services (BHRS). This project was submitted to the City for a funding commitment in order to leverage for additional funding through the State of California’s Multifamily Finance Super NOFA’s3 Multifamily Housing Program.
Morris Village development will sit on 1.03 acres. The project is comprised of four buildings with three stories each, for a total of 45-housing units with a mix of (39) one and (6) two-bedroom units. In addition to the one and two-bedroom units, there will be dedicated management offices, a computer lab, offices for on-site services and a shared multipurpose room connected to a semi-private outdoor patio space. Additional project details are listed below:
Project Location: E Morris Avenue and McHenry
Zoning: R-3 Medium High Density Residential
Site area: 1.03 acres
Total stories: 3 for each building (4 buildings)
3 State of California’s Multifamily Finance Super NOFA - https://www.hcd.ca.gov/grants-and-funding/supernofa #10..
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City Council, July 11, 2023
Partnership with Self-Help Enterprises for the Morris Village development
Height: 44 ft
Professional Office space: 3,196 Sq. ft.
Building Coverage: 16,865 Sq. ft.
Common Open Space: 4,870 Sq. ft.
On-site Amenities:
Management offices
Computer lab
Multipurpose room with enclosed kitchen
Laundry room
Maintenance room
Storage area
The project location is in a well-established residential area. It is also conveniently located within one mile of amenities such as medical services, grocery stores/convenience stores, public schools, community colleges, places of worship, financial institutions, public parks, the public library, and other key destinations.
Street and areas of interest:
Medical Services: Mid Valley Health Services, Health Services Agency Grocery stores: Smart and Final, Sam’s food mart
Public schools: John Muir Elementary, Downey High School Community College: Modesto Junior College
Public parks: John Muir, Thomas B. Scott and Graceada Park The proposed structures will have wood framing on a concrete slab-on-grade foundation, with exterior pre-finished cement fiber Hardie siding in a horizontal clapboard or vertically oriented "board and baton" pattern. The roofing will be a dimensional composite shingle with a "cool roof" rating. To reduce the visual impact of parking on the street, the buildings will have "tuck-under" parking. The design is intended to reflect the historic craftsman character of neighboring homes.
Each residence will have a full kitchen and bath, with most units also having patios or balconies.
The outside communal area will provide family meeting areas with green spaces and benches.
All ground-floor units will be accessible.
Parking:
ADA Standard stalls: 2
ADA Van stall: 1
ADA EV stall: 1
EV stalls: 6
Compact stalls: 10
Standard stalls: 21
Total: 41 spaces
Residential:
One-bedroom units: 39 units
Two-bedroom units: 6 units
10% of units ADA Compliant
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City Council, July 11, 2023
Partnership with Self-Help Enterprises for the Morris Village development
5% of ADA compliant units include features for the visually and hearing impaired Morris Village will include a solar photovoltaic system designed to offset communal and residential loads. The project will feature electrification with high-efficacy fixtures in units, community spaces, and outdoor spaces. The project will also implement systems and fixtures for water conservation, including drought-tolerant xeriscape.
Self-Help Enterprises will partner with the Stanislaus County Behavioral Health & Recovery Services (BHRS) team for the provision of behavioral health and other services on-site at Morris Village. Office space will be dedicated for services on-site and BHRS will have key fob access to the shared meeting space in the community building, the kitchen area and other site amenities. Additionally, the project will accept referrals from the Stanislaus Regional Housing Authority, under the oversite of BHRS, to ensure vouchers for Permanent Supportive Housing can be utilized. Morris Village will adhere to housing first principles and will also coordinate referrals through the Coordinated Entry System.
The City of Modesto’s Capital Facilities Fees (CFF) Program was established in 1989. The CFF Policies and Procedures allows applicants to submit a deferral/exemption application for new affordable housing units. The CFF for the project is $551,250. The City Manager is authorized to approve exemptions if they meet certain requirements. Exemptions require the applicant execute a Promissory Note secured by a Deed of Trust on the property. Based on Morris Village’s proposal, this project meets the exemptions defined as Very Low-Income Housing as listed below:
Housing constructed and made affordable to households earning fifty (50%) or less of the Area Median Income.
Residential units will be maintained as affordable to Very Low-Income households for a minimum period of 10 years.
If a resale or refinance occurs within the ten (10) year period, the new buyer will be allowed to assume the remainder of the exemption
City staff recommends committing to fund this project in an amount not exceeding $3,500,000 for the development of the project. If the project is awarded funding through the State of California’s Multifamily Finance Super NOFA’s4 Multifamily Housing Program, the Capital Facilities Fees exemption and the PLHA and HOME ARP funding agreements will return to Council for formal approval. The funding breakdown includes up to $700,000 in a PLHA loan and a HOME ARP loan in the amount of $2,900,000, which includes $100,000 for administrative expenses.
Project Proposal
Source Amount
Modesto PLHA $700,000
Modesto HOME – ARP $2,800,000
Modesto HOME-ARP (Admin) $100,000
Total Modesto Commitment $3,600,000
4 State of California’s Multifamily Finance Super NOFA - https://www.hcd.ca.gov/grants-and-funding/supernofa #10..
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City Council, July 11, 2023
Partnership with Self-Help Enterprises for the Morris Village development
Modesto CFF Exemption $551,250
Other sources
Multifamily Housing Program (MHP) $12,547,730
Deferred Developer Fee $200,000
Limited Partners $6,297,075
Total Project Cost $23,196,055
FISCAL IMPACT:
The funding for this program will come from the following sources:
State of California’s Department of Housing and Community Development, and project budget will transfer $700,000 from fund (1120) – Grants – PLHA Program U.S. Department of Housing and Urban Development, and project budget will transfer $2,900,000 from fund (1170) – HOME ARP Investment Partnership Program There will be no impact to the General Fund.
COMMITTEE RECOMMENDATION:
On June 22, 2023, the Citizens Housing and Community Development Committee met and approved the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises with a commitment amount not to exceed $3,500,000 in loans plus $100,000 in activity delivery costs for a grand total of $3,600,000 and forwarding to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for an amount not to exceed $3,500,000 in loans, $100,000 in activity delivery costs for a grand total of $3,600,000 to apply for the State of California Multifamily Housing Program and authorizing the City Manager or his designee to execute any documentation to support the City’s commitment.
Approved by:
Jessica Hill, Interim Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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07/11/2023/CED/JHill/Item # 1 2023-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING A FUNDING COMMITMENT FOR THE
DEVELOPMENT OF 45 UNITS AT MORRIS VILLAGE (APN: 111005073) BY SELF-HELP ENTERPRISES FOR AN AMOUNT NOT TO EXCEED $3,500,000 IN LOANS, $100,000 IN ACTIVITY DELIVERY COSTS FOR A GRAND TOTAL OF $3,600,000 TO APPLY FOR THE STATE OF CALIFORNIA MULTIFAMILY
HOUSING PROGRAM AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ANY DOCUMENTATION TO SUPPORT THE
CITY’S COMMITMENT
WHEREAS, as an Entitlement community, the City receives funding regularly from the U.S. Department of Housing and Urban Development (HUD) that requires the City, to develop an Annual Action Plan that describes proposed funding priorities for activities funded with Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and American Rescue Plan HOME Investment Partnerships (HOME-ARP) and the City also qualifies for an annual allocation from the State of California from the Permanent Local Housing Allocation (PLHA), each designated to fund components of the development of affordable housing; and WHEREAS, despite multiple affordable housing agencies and the availability of housing vouchers and rental subsidy programs there is a shortage of housing units in the City; and
WHEREAS, to help address this shortage, the City of Modesto (City) released a Request for Proposals for Affordable Housing projects on December 14, 2022, to solicit proposals that could qualify for the various funding sources that the City receives as an Entitlement community that can be used for the development of affordable housing; and WHEREAS, Self Help Enterprises (SHE) submitted their Tier 1 proposal by the RFP deadline of January 25, 2023, for a project located on East Morris Avenue (APN:
111005073) for development of a 45-unit affordable rental housing project in partnership #10..
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07/11/2023/CED/JHill/Item # 2 2023-XX
with Stanislaus Equity Partners (STEP) and the Stanislaus Behavioral Health and Recovery Services (BHRS) and in coordination with the with the City; and WHEREAS, this project was submitted to the City for a funding commitment in order to leverage for additional funding through the State of California’s Multifamily Finance Super NOTA’s Multifamily Housing Program; and
WHEREAS, the Morris Village development will sit on 1.03 acres and the project is comprised of four buildings with three stories each, for a total of 45-housing units with a mix of (39) one and (6) two-bedroom units; and
WHEREAS, staff proposes the project be allocated as a PLHA funded Loan in an amount not to exceed $700,000, HOME ARP funded loan in an amount not to exceed $2,800,000; and
WHEREAS, the City commits to fund this project in an amount not to exceed $3,500,000 for the development of the project; and
WHEREAS, if Self-Help Enterprises is awarded funding through the State of California’s Multifamily Finance Super NOFA’s Multifamily Housing Program, the exemption of the City’s Capital Facilities Fees and project funding commitment agreements will return to Council for approval.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for the amount not to exceed $3,500,000 in loans, $100,000 for a grand total of $3,600,000 to apply for the State of California Multifamily Housing Program
BE IT FURTHER RESOLVED that the City Manager or his designee to execute any documentation to support the City’s commitment.
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07/11/2023/CED/JHill/Item # 3 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember , who moved its adoption, which motion being duly seconded by , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: None
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 11, 2023
Date: June 9, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Consultant Services Agreement for Environmental Planning Services CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:
Consider approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a total amount not to exceed $900,000 over five years. (Funding Source: Developer Fees)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D:
Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
Since 2022, the Planning Division experienced significant staff turnover, and is having to deal with ongoing vacancies for critical planning positions. To prevent interruptions in development services provided to the public, and to ensure the continuity of uninterrupted planning support that includes, but is not limited to, the preparation of National Environmental Policy Act (NEPA) required reports, California Environmental Quality Act (CEQA) required reports associated with proposed development projects, environmental impact reports (EIRs), mitigated negative declarations (MNDs), negative declarations (NDs), hazard mitigation, climate action plans and associated technical studies, staff has identified the need for contracted support services.
DISCUSSION:
The Planning Division continues to be impacted by unanticipated staffing shortages as the recruitment process continues for several positions. To ensure uninterrupted environmental planning support, the Community and Economic Development Department has determined the need to contract with private firms to assist with environmental planning services. #11..
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City Council, July 11, 2023
Consultant Services Agreement for Environmental Planning Services
Through an informal Request for Qualifications (RFQ) process, staff received two Statement of Qualifications (SOQ) for consideration.
City staff from the Community and Economic Development Department rated each of the RFQs based on the firm’s specific experience, qualifications, references, familiarity with the services and pricing. The following firm was selected as the most qualified:
De Novo Planning Group El Dorado Hills, CA
Having a contract with the De Novo Planning Group for Environmental Planning Services eliminates the need to send out repetitive Request for Proposals (RFPs) for projects or services of similar size as well as reducing staff time and project costs. All City departments can utilize the services of De Novo Planning Group for future projects of a similar nature. The City reserves the right to request proposals, negotiate a scope of work and contract from consultants other than De Novo Planning Group in the future.
In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for professional services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203. The approval for environmental planning services to De Novo Planning Group conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for on-call consultant environmental planning support services.
FISCAL IMPACT:
The cost for environmental planning services will be based upon time required for each specific project and scope of work. The consultant will be paid by the City based on their contracted hourly rate. There is no impact to the General Fund, as this agreement will be funded via developer fees.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Economic Development Committee on June 5, 2023, and the Committee approved forwarding the item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a two (2) year agreement with three (3) one-year extension options, for a total amount not to exceed $900,000 over five years and authorizing the City Manager or his designee to execute the Consultant Services Agreement. #11..
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City Council, July 11, 2023
Consultant Services Agreement for Environmental Planning Services
Approved by:
Jessica Hill, Interim Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement with De Novo Planning Group
3. Exhibit A (De Novo Planning Group Statement of Qualifications) #11..
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07/11/2023/CED/PIbrahim/Item X 1 2023-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING THE CONSULTANT SERVICES AGREEMENT
WITH DE NOVO PLANNING GROUP FOR ENVIRONMENTAL PLANNING
SERVICES, FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONEYEAR EXTENSION OPTIONS, FOR A TOTAL AMOUNT NOT TO EXCEED $900,000 OVER FIVE YEARS AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE THE CONSULTANT SERVICES AGREEMENT WHEREAS, the City of Modesto’s Planning Division has experienced significant staff turnover since 2022, and is having to deal with ongoing vacancies for critical planning positions; and
WHEREAS, in Fiscal Year 2008-2009, the Planning Division was comprised of nineteen (19) staff members, including a Planning Division Manager, two Principal Planners, four Senior Planners, four Assistant/Associate Planners, two Planning Assistants, and six administrative support staff; and
WHEREAS, there are currently twelve (12) vacancies, including a Planning Division Manager, one Principal Planner, two Senior Planners, two Assistant/Associate Planners, two Planning Assistants, and five administrative support staff; and WHEREAS, the Planning Division continues to be impacted by unanticipated staffing shortages despite ongoing recruitment for several positions. To continue providing uninterrupted planning services, the Community and Economic Development determined the need to contract with a private firm to assist in Environmental Planning Services; and
WHEREAS, through an informal Request for Qualifications (RFQ) process, staff received two (2) Statement of Qualifications (SOQs) for consideration; and WHEREAS, City staff members from the Community and Economic Development Department reviewed the proposals and selected De Novo Planning Group #11..
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07/11/2023/CED/PIbrahim/Item X 2 2023-XX
for Environmental Planning Services; and
WHEREAS, having a contract with the De Novo Planning Group for Environmental Planning Services eliminates the need to send out repetitive Request for Proposals (RFPs) for projects or services of similar size as well as reducing staff time and project costs; and
WHEREAS, the City will assign projects to De Novo Planning Group as determined by the City based on the work needed for the submitted project; and WHERAS, in accordance with Modesto Municipal Code 8-3.204 (a), “Exceptions to Formal Bidding Requirements”, the agreement is for professional services and, therefore, exempt from the bidding requirements; and
WHEREAS, the approval for this consultant service conforms to Modesto Municipal Code 8-3.204, subsection (a) as De Novo Planning Group is providing professional services for on-call consultant support services, including the review of development applications.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement with De Novo Planning Group for Environmental Planning Services, for two (2) years with three (3) one-year extension options, for a total amount not to exceed $900,000 over five years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #11..
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07/11/2023/CED/PIbrahim/Item X 3 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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De Novo Planning Group A-1 City of Modesto
Consultant Services Agreement for Environmental Planning Services
CONSULTANT SERVICES AGREEMENT
FOR ENVIRONMENTAL PLANNING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and DE NOVO PLANNING GROUP, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. City has determined that Environmental Consultant Services should be performed for the City.
B. Consultant represents that it is qualified, willing and able to provide the requested services.
C. This Agreement is for City requested on-call services only; City will assign projects to the Consultant the City feels is best suited for the project. No promise of work is guaranteed or assumed by the making of this Agreement.
NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. 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. #11..
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De Novo Planning Group A-2 City of Modesto
Consultant Services Agreement for Environmental Planning Services
2. TERM OF AGREEMENT
a. The City and Consultant hereto agree and enter into this Agreement for a term of three (3) years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).
3. COMPENSATION.
Consultant agrees to accept payment based on Exhibit “A” on a time and materials basis as full remuneration for performing all services and furnishing all staffing and materials called for 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:
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De Novo Planning Group A-3 City of Modesto
Consultant Services Agreement for Environmental Planning Services City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A” not to exceed $900,000; Unless otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.
Consultant shall submit monthly invoices to City which include a detailed running balance, description of completed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on a Project.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. 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 Steve McMurty, Principal Planner, 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 twenty-five percent (25%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
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De Novo Planning Group A-4 City of Modesto
Consultant Services Agreement for Environmental Planning Services Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.
Title to Data
If, as a part of this 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 this Agreement.
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. FINANCIAL INTEREST OF CONSULTANT.
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De Novo Planning Group A-5 City of Modesto
Consultant Services Agreement for Environmental Planning Services Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest.
Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement 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 agreement 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 #11..
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De Novo Planning Group A-6 City of Modesto
Consultant Services Agreement for Environmental Planning Services by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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. #11..
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De Novo Planning Group A-7 City of Modesto
Consultant Services Agreement for Environmental Planning Services 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 this Agreement, 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.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below #11..
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De Novo Planning Group A-8 City of Modesto
Consultant Services Agreement for Environmental Planning Services or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: De Novo Planning Group
Address: 1020 Suncast Ln #106
El Dorado Hills, CA 95762
Attention: Steve McMurty, Principal
Phone: (916) 580-9818
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Peter Ibrahim, Infrastructure Financing Program Supervisor
Phone: (209) 577-5211
E-mail: [email protected]
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided thirty (30) days notice of the cancellation on the policies of insurance required hereunder (ten (10) days notice if the policies are cancelled for non-payment of #11..
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De Novo Planning Group A-9 City of Modesto
Consultant Services Agreement for Environmental Planning Services premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within five (5) business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) 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. (d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
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De Novo Planning Group A-10 City of Modesto
Consultant Services Agreement for Environmental Planning Services If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number. #11..
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De Novo Planning Group A-11 City of Modesto
Consultant Services Agreement for Environmental Planning Services For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice.
For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under this 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.
Post-Termination Procedure
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De Novo Planning Group A-12 City of Modesto
Consultant Services Agreement for Environmental Planning Services Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such 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;
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De Novo Planning Group A-13 City of Modesto
Consultant Services Agreement for Environmental Planning Services g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under this 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.
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De Novo Planning Group A-14 City of Modesto
Consultant Services Agreement for Environmental Planning Services Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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, officials, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent, reckless or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. #11..
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De Novo Planning Group A-15 City of Modesto
Consultant Services Agreement for Environmental Planning Services In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement 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 the claim is rejected in #11..
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De Novo Planning Group A-16 City of Modesto
Consultant Services Agreement for Environmental Planning Services 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 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. #11..
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De Novo Planning Group A-17 City of Modesto
Consultant Services Agreement for Environmental Planning Services 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 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. #11..
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De Novo Planning Group A-18 City of Modesto
Consultant Services Agreement for Environmental Planning Services
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.
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.
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De Novo Planning Group A-19 City of Modesto
Consultant Services Agreement for Environmental Planning Services Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.
Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license. #11..
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De Novo Planning Group A-20 City of Modesto
Consultant Services Agreement for Environmental Planning Services IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement 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. (Signatures on next page)
12/9/2022 Reviewed by PH
5249084.1
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De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
Statement of Qualifications
Environmental Consulting Services
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DE NOVO PLANNING GROUP
Environmental Review Services
1 March 24, 2023
Peter Ibrahim, Infrastructure Financing Program Supervisor City of Modesto
PO Box 642
Modesto, CA 95353
SUBJECT: Statement of Qualifications for Environmental Review Services to the City of Modesto Dear Mr. Ibrahim,
We understand that the City of Modesto is seeking a Statement of Qualifications (SOQs) from experienced environmental planning firms for environmental preparation and review support services. We understand that from time to time, the City has development projects that require the preparation of CEQA documentation, such as a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR), that cannot be prepared by City staff due to time constraints or the complexity of the project specific issues. The Community and Economic Development Department requires planning support services to temporarily augment staff resources to fulfill increased workloads, temporary unexpected reductions in staff, and expedited project review services. This work will be concentrated primarily on preparation of CEQA required reports associated with proposed development projects (EIRs, MNDs, NDs), and associated technical studies. Also, from time to time, the City may also desire expert review, as City’s agent, of environmental documents for proposals in adjoining or nearby jurisdictions, as well as mitigation compliance monitoring and reporting, and other expert environmental review and reporting work.
De Novo Planning Group is a land use and environmental planning firm with 19 employees, specializing in community planning, environmental studies, urban design, and development services. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects throughout California. De Novo Planning Group has fullservice offices in northern California (Corporate Office – 1020 Suncast Lane, Suite 106, El Dorado Hills, CA 95762) and southern California (180 East Main Street, Suite 108, Tustin, CA 92780).
The De Novo team is experienced in providing Municipal Agencies with the desired services and brings the following unique benefits:
Success Providing On-Call Environmental Planning Services and Contract Staff Services. De Novo’s Principals have served as contract planning/environmental staff and provide on-call services for several agencies throughout California, including but not limited to: Citrus Heights, Tracy, Lincoln, Manteca, Lathrop, Brentwood, Davis, Rancho Cordova, Lake Forest, Santa Ana, Irvine, Rancho Santa Margarita, Fullerton, West Hollywood, Burbank, Lancaster, San Clemente, and Long Beach. We understand the role of staff in the planning and CEQA compliance processes, and we pride ourselves on providing prompt and responsive services to our clients. Our team is well experienced with managing complex environmental documents for a range of projects including hotel, office, mixed use, industrial, residential, alternative energy, hospitals, schools, and parks. Our past success has resulted in professional relationships that last years, and we continue to serve as resources for our clients well after individual projects have been completed.
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DE NOVO PLANNING GROUP
Statement of Qualifications
2 Utilization of Technical Staff and Subconsultants. De Novo technical team members provide expertise in the areas of air quality, climate change, biological resources, health risk assessments, aesthetics, land use/planning, population/housing, and public services and utilities. De Novo regularly teams with the region’s top subconsultants for transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies, all of whom are leaders in their fields and have experience working on a wide range of projects throughout California.
Diversified Professional Expertise. One of the key things that sets our firm apart from our competitors is the unparalleled experience and diverse skill sets of our Principals. Our team members are experts in a wide range of planning disciplines, including environmental compliance, long-range planning (preparation of comprehensive general plans, specific plans, zoning codes, housing elements, and various ordinances), and development processing. Our team excels at providing meaningful and engaging public and community outreach, consensus building, and workshop facilitation.
Unparalleled Energy and Enthusiasm. All of De Novo’s principal-level planners greatly enjoy our line of work, and rather than spend our time managing large and cumbersome project teams comprised of junior-level planners, we prefer to roll up our sleeves and work on our projects ourselves. As managers of the company, we take great pride in our work products, and we strive to build a strong connection with each of our clients. Providing superior products and client services is a matter of tremendous pride for us, and we bring our high level of energy, creativity and enthusiasm to each project we undertake.
Benefits of a Boutique Planning Firm. All of De Novo’s principal-level staff have served as senior project managers with larger consulting firms, and through this experience we have gained intimate knowledge of some of the operational inefficiencies of large firms. We achieve cost savings through use of a streamlined team composed of De Novo Principals and principal- and senior-level staff of our subconsultants. Because we remain relatively small, we are able to offer our clients significantly lower rates, while still providing Principal-level attention to each project.
We are confident that our experience, record of success, and Principal-level attention to projects will prove to be extremely valuable to the City. We encourage you to contact our references regarding our ability to provide our services at the highest level of legal adequacy while consistently maintaining schedule and budget. Please contact Steve McMurtry at (916) 580-9818 or [email protected] if you have any questions or need any additional information.
Sincerely,
DE NOVO PLANNING GROUP
Steve McMurtry, Principal
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DE NOVO PLANNING GROUP
Environmental Review Services
3 Table of Contents
A. Firm’s Qualifications......................................................................................................................................................................4 B. Proposed Consultant Team.........................................................................................................................................................5 C. Technical Approach ................................................................................................................................................................... 24 D. Fee Schedule................................................................................................................................................................................ 27 E. Related Experience and References........................................................................................................................................ 29 F. Samples of Work......................................................................................................................................................................... 30 #11..
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DE NOVO PLANNING GROUP
Statement of Qualifications
4 A. Firm’s Qualifications
De Novo Planning Group is a land use and environmental planning firm specializing in community planning, environmental studies, urban design, and development services. Incorporated in July 2008, De Novo Planning Group has successfully operated in the Sacramento, San Francisco Bay Area, Central Valley, Tahoe Basin, northern California coastal and inland regions. In 2017, De Novo opened an office in southern California, which has served clients throughout the Los Angeles basin, Orange County, and the Inland Empire. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects.
Our Mission
Our mission is to provide municipal and private sector clients with worldclass professional services, through principal-level attention to every project. We pride ourselves on our ability to work with clients to balance the often-conflicting goals of economic, social, environmental, legal, and political forces. Our services result in an integrated planning and environmental solution for every project that is technically sound, cost effective, and delivered within the client's schedule.
Our Philosophy
Our philosophy is to proactively plan and design projects in such a way that public and environmental concerns are addressed and accommodated early in the process. We strongly believe in the use of our knowledge for developing sensible and cost-effective solutions to concerns. Our solutions integrate local knowledge with the best available resources to achieve recognized national and international standards for planning and environmental management, to achieve a balance in local economic, social, and environmental goals. De Novo Planning Group is dedicated to fostering a partnership with each agency we serve, through listening to the community and stakeholders and reflecting the ideas and concerns we hear in the approach developed for each project.
Official Name
De Novo Planning Group
Firm Locations
Northern California (Corporate):
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916-580-9818
Southern California:
180 E. Main Street, Suite 108
Tustin, CA 92780
Years in Business/Providing
Service
15 Entity Type
California S-Corporation
Employees
19 Ownership
De Novo Planning Group is owned
by Principals Ben Ritchie, Steve
McMurtry, Beth Thompson, and
Amanda Tropiano.
Primary Point of Contact
Steve McMurtry
Principal Planner
916-580-9818
[email protected]
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
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DE NOVO PLANNING GROUP
Environmental Review Services
5 B. Proposed Consultant Team
De Novo Planning Group serves as the Prime Consultant and lead preparer of environmental compliance documents. De Novo’s project management and technical staff have a deep knowledge of CEQA and have prepared environmental compliance documentation for a variety of projects throughout southern California. Our in-house team undertake peer review of technical studies and preparation of air quality and greenhouse gas analyses, health risk assessments, visual simulations, light and glare assessments, and biological studies. Additionally, our team members have served as contract staff to local agencies and are familiar with the planning process and future uses of a CEQA document, which allows us to craft mitigation language that will be effective and straight-forward to implement.
De Novo has a project management team with exceptional experience, CEQA knowledge and on-call planning experience. To complement our in-house services, we have well-established partnerships with highly experienced technical consultants who specialize in the areas of transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies. This section identifies the key personnel who are assigned to CEQA projects, their responsibilities, and qualifications. The proposed team members have the demonstrated capacity to perform all required services and all team members are adequately staffed and trained to perform the required services, as described in this section and demonstrated in the resumes that follow.
PROJECT MANAGEMENT TEAM
The De Novo project team will be under the management of Steve McMurtry, serving as the point of contact for the City. Steve will be supported by Co-Project Managers and Firm Principals, Christina Erwin, Ben Ritchie, Beth Thompson, who will further ensure supporting team members and resources are readily available and provide overall quality assurance.
Located in the El Dorado Hills office, Steve has over 22 years of experience preparing and managing environmental compliance documents throughout California. Steve will be responsible for the day-to-day management and supervision of the De Novo team on all future assignments and will ensure the environmental and technical analyses are thorough and comply with CEQA requirements. Steve will review all internal and external work products and be responsible for overseeing and conducting any revisions and providing overall quality control and quality assurance throughout the project’s duration.
Starla will also attend scheduled meetings, and in addition to key team members, will represent the project team at public hearings. Starla prides herself on being an integrated project manager who conducts research, analyzes data, and writes sections, and is eager to commit herself for the project duration.
Depending upon the nature of future project assignments, Starla will be joined by one of De Novo’s Principals, identified above. The Co-Project Manager will serve as a second point of contact to the City and be responsible for ensuring De Novo’s successful completion of each task, as well as ensuring that the City’s goals and expectations are being met. This includes assisting with review of documents prior to formal submittal and providing quality assurance/quality control. This principal-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout the project. #11..
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DE NOVO PLANNING GROUP
Statement of Qualifications
6 De Novo Planning Group
Management Team
Steve McMurtry, Principal Planner
Project Manager, Primary Point of Contact
- Lead document preparer
- Issue area study preparer
- Biology
- Air quality/health risk assessments
- Greenhouse gas emissions/energy
Christina Erwin, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Ben Ritchie, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Beth Thompson, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Technical Team
Elise Laws
Senior Planner Josh Smith, AICP, LEED-AP Senior Planner Erik Anderson
Associate Planner
Courtney Marchi
Assistant Planner
Jeff Setterlund
Assistant Planner
Subconsultant Team
Fehr and Peers
Traffic
Ellen Polling, TE – Senior Associate
Ian Barnes, PE – Senior Associate
Saxelby Acoustic
Noise
Luke Saxelby – Principal Consultant
Rex Crane – Acoustic and Vibration Engineer
West Yost (Utility Engineering)
Elizabeth Drayer, PE – Principal
Amy Kwong, PE – Principal
Roger Chu, PE - Associate
Peak Associates (Cultural)
Melinda Peak – Principal Investigator
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EDUCATION
BS, Natural Resources
Management,
Cal Poly San Luis Obispo
ORGANIZATIONS
Licensed Real Estate Broker,
#01380263
Mr. McMurtry is a Principal with De Novo Planning Group and is responsible for project management, preparation of environmental documents, land use plans, air quality modeling, biological assessments, LESA modeling, regulatory permitting, litigation support, and expert witness testimony. He has successfully led multidisciplinary teams to complete hundreds of environmental, land use planning, and development projects in 32 California counties. Mr. McMurtry’s experience includes service in engineering and planning firms, as well as in the building industry. He has served as the project manager for thirteen RTP EIRs in California and is known as an expert in transportation environmental planning. His environmental experience encompasses public outreach/facilitation, policy/program development, document writing/processing, and permitting. Mr.
McMurtry has extensive experience preparing environmental documents and obtaining regulatory permits for state and federally funded projects, including projects within the State Highway System. Because of his expertise, he has been called on for litigation support and expert witness testimony relative to environmental and CEQA issues.
Steve McMurtry
PRINCIPAL
South Lathrop Specific Plan EIR,
City of Lathrop
Truckee Planned Community 3
(Specific Plan 3) EIR,
Town of Truckee
Cannery Park Master Plan EIR,
City of Davis
Crossroads West Specific Plan EIR,
City of Riverbank
PA-1 Specific Plan and EIR,
City of Brentwood
5175 Vincent Avenue Initial
Study/MND,
City of Irwindale
Seraphina Initial Study/MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
Griffin Park Master Plan EIR,
City of Manteca
Whisper Ridge Hotel Resort and Golf
Course Master Plan EIR,
City of Oroville
Silverado Master Plan EIR,
City of Elk Grove
Tra Vigne Master Plan EIR,
City of Stockton
Ventana Specific Plan EIR,
City of Merced
Madera 5-Bridges Specific Plan EIR,
City of Merced
Atwater South Specific Plan EIR,
City of Atwater
Morgan Ranch Specific Plan EIR,
City of Turlock
Family Entertainment Zone Master
Plan EIR,
City of Manteca
Pilot Flying J EIR,
City of Tulare
Pilot Flying J EIR,
City of Lathrop
2015 Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
2011 San Joaquin County RTP EIR
San Joaquin Council of Governments,
2012 Butte County MTP and SCS
EIR,
Butte County Association of
Governments
2015 Amador County RTP EIR,
Amador County Transportation
Commission
Merced County 2014 RTP EIR,
Merced County Association of
Governments
RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental Policy Analysis
and Planning, University of California,
Davis
ORGANIZATIONS
Urban Land Institute
Christina Erwin is a principal planner with De Novo Planning Group and has more than 22 years of experience in environmental planning for public- and privatesector clients throughout the California Central Valley. She has successfully managed many environmental planning projects involving urban infill, new land development, major sports and entertainment venues, general plans, and largescale specific plans. Christina’s specialty is working on technically and politically complex, multifaceted projects that require a high degree of coordination and interface with multiple stakeholders. She develops and guides the strategic application of CEQA for projects, with a focus on streamlining environmental review, providing rigorous environmental analysis, identifying implementable mitigation measures, and helping clients achieve their project objectives. Christina has significant experience working on prominent projects and delivering high quality environmental documents within strict timeframes.
Christina Erwin
PRINCIPAL PLANNER
Downtown Specific Plan Addendum,
City of Vacaville*
Innovation Park Planned Unit
Development EIR,
City of Sacramento*
Central City Specific Plan EIR,
City of Sacramento*
Sacramento Entertainment and Sports
Center & Related Development
(Golden 1 Center) EIR,
City of Sacramento*
Sacramento Railyards Specific Plan
Update, Kaiser Permanente Medical
Center, Major League Soccer Stadium
& Stormwater Outfall Subsequent EIR,
City of Sacramento*
Village 5 Specific Plan EIR,
City of Lincoln*
Upper Westside Specific Plan EIR,
Sacramento County*
Inglewood Basketball and
Entertainment Center EIR,
City of Inglewood*
Lakeside at Sutter Pointe Addendum,
Sutter County*
Burbank2035 EIR,
City of Burbank*
2030 General Plan Master EIR,
City of Sacramento*
Convention Center Renovation and
Expansion & 15th/K Street Hotel
Projects EIR,
City of Sacramento*
Richards Boulevard Office Complex
Project EIR,
City of Sacramento*
Sacramento Valley Station Area Plan
Addendum,
City of Sacramento*
Tower 301 EIR,
City of Sacramento*
Campus Oaks/Hewlett-Packard
Master Plan EIR Addendum,
City of Roseville*
Element Hotel and Coca Cola
Building Project Addendum,
City of Sacramento*
Arden Gateway Village Infill
Environmental Checklist,
City of Sacramento*
Ice Blocks Mixed Use Development
Project Tiered MND
City of Sacramento*
Sutter County Truck Yard Study,
Sutter County*
Natomas Quad B Office Project
(Centene Corporation Headquarters)
Addendum,
City of Sacramento*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Erwin while she was employed at another environmental firm #11..
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EDUCATION
MA, City and Regional Planning,
Cal Poly San Luis Obispo
BA, Political Science and History,
Cal Poly San Luis Obispo
ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Mr. Ritchie is a founding principal at De Novo Planning Group with over 17 years of experience. Mr. Ritchie’s expertise includes managing long range planning documents, completing complex and controversial CEQA documents, and facilitating community outreach and public communications efforts for the firm. His experience includes a variety of land use, transportation, and sustainability projects throughout California. Mr. Ritchie has extensive knowledge of the California Environmental Quality Act (CEQA) and has assisted jurisdictions in drafting and updating their local CEQA implementation guidelines. He served as the Environmental Coordinator for the City of Rancho Cordova, where he oversaw the environmental planning division and the preparation of all CEQA documents prepared by staff and outside consultants. This experience has given him the knowledge of how local agencies use and implement planning documents, and specifically general plans, on a day to day basis.
Ben Ritchie
PRINCIPAL
General Plan Update and EIR,
City of Lake Forest
General Plan Update and EIR,
City of La Verne
General Plan Update, Zoning Code
Update, Climate Action Plan, and EIR,
City of San Jacinto
General Plan Update, Housing
Element, and EIR,
City of Brentwood
PA-1 Specific Plan and EIR,
City of Brentwood
General Plan and Zoning Code
Update, Housing Element, and EIR,
City of Sebastopol
General Plan Update, Housing
Element and EIR,
City of Cotati
General Plan Update, Housing
Element, Zoning Code Update and
EIR,
Colusa County
General Plan Update EIR and Climate
Action Plan,
City of Foster City
Sustainability Element and Climate
Action Plan EIR,
City of Elk Grove
General Plan Update and EIR, General
Plan Annual Report, Genera Plan
Implementation Plan, Housing
Element Updates, and EIR Addendum
City of Lakeport
General Plan Update, Climate Action
Plan, and EIR,
City of Campbell
General Plan Update and EIR,
City of Milpitas
General Plan Update and EIR,
City of Lakeport
General Plan Update and EIR,
City of Manteca
Seraphina MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
The Cannery EIR,
City of Davis
West Area Specific Plan EIR,
City of Salinas
Joerger Ranch Specific Plan EIR,
Town of Truckee
Sterling 5th Street Apartments EIR,
City of Davis
Home2Suites MND,
City of Tracy
RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental and Resource
Science,
University of California, Davis
ORGANIZATIONS
American Planning Association
Beth is a principal with De Novo with over 25 years of professional planning experience. Her responsibilities include general plan preparation and management, senior review of environmental documents, environmental planning, Housing Element updates, policy document preparation, and contract planning. Beth specializes in community planning as well as CEQA and NEPA compliance. Her experience includes the preparation and management of numerous General Plan projects. She also has extensive experience preparing and managing General Plan EIRs, development EIRs for a range of project types from ski resort master plans to hospital facilities to subdivisions. Beth is an industry leader in the field of Housing Elements and General Plans, and she has a proven track record of successfully completing environmental and planning documentation for complex projects. While with Laurin Associates (now a subsidiary of Raney Planning and Management) Ms.
Thompson prepared over sixty housing feasibility and market studies for single family and multifamily residential projects in urban and rural areas throughout the US). The market and feasibility studies identified market demand for the proposed housing types, estimated capture rates, identified applicable fees, and known constraints to development.
Beth Thompson
PRINCIPAL
General Plan Update, Housing
Element, and EIR
City of Brentwood
General Plan Update and EIR,
Housing Element
City of Cotati
General Plan Update and EIR
City of Manteca
General Plan Update and EIR, Zoning
Code Update, Housing Element, and
On-Call Staffing
City of Sebastopol
General Plan Update EIR and Climate
Action Plan
City of Foster City
Sustainability Element and Climate
Action Plan EIR/Housing Element EIR
City of Elk Grove
General Plan Annual Report & Implementation Plan, Housing Element Updates (4th, 5th, & 6th Cycles), and
EIR Addendum
City of Lakeport
Springs Specific Plan and EIR
Sonoma County
Housing Element – 4th Cycle
City of Half Moon Bay
Housing Element – 5th Cycle;
Focused General Plan Update
City of Oakley
Housing Element – 4th & 5th Cycle
City of Ripon
Housing Element – 5th & 6th Cycle
City of Winters
Housing Element – 6th Cycle
Shasta County
Housing Element (6th Cycle),
Inclusionary Housing Study, and
Zoning Code Update
Yolo County
Housing Element Update EIR – 5th
Cycle
City of Novato
Cottage Senior Apartments NEPA
City of Manteca
Blue Mountain Terrace NEPA
City of Manteca
The Ranch EIR,
City of Rancho Cordova
Vineyards at El Dorado Hills EIR
El Dorado County
Brownfields Site Reuse and
Revitalization Planning
City of Pittsburg
CEQA Documentation: General Plan
Update and Zoning Code Update
Town of Yountville
RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental Policy and
Planning,
University of California, Davis
Elise is a Senior Planner with De Novo. She has over 10 years of environmental consulting experience completing both CEQA and NEPA documentation in the public and private sectors, as well as collaborating on long-rang planning documents. Elise has worked on a variety of projects throughout California, including large-scale, controversial development projects, Specific and Master Plans, and General Plan Updates. Examples include the West Davis Active Adult Community EIR (City of Davis), Eastview Specific Plan and Annexation EIR (City of Galt), College Park EIR (City of Rocklin), Sebastopol Zoning Code Update (City of Sebastopol), and City of Campbell General Plan Update. Her other skills include air quality modeling using the California Emissions Estimator Model (CalEEMod), California Natural Diversity Database and RareFind research, public outreach and facilitation, and project organization and management.
Elise Laws
SENIOR PLANNER
Sonoma Springs Specific Plan and EIR,
Sonoma County
Tra Vigne Development Project EIR,
City of Stockton
West Davis Active Adult Community
EIR,
City of Davis
College Park EIR,
City of Rocklin
5175 Vincent Avenue EIR,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR,
City of Tulare
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Calaveras SR 49 Land Use Study,
Calaveras Council of Governments
Sunrise Tomorrow Specific Plan EIR,
City of Citrus Heights
Crossroads West Specific Plan EIR,
City of Riverbank
Griffin Park Master Plan Project EIR,
City of Manteca
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Sebastopol Zoning Code Update,
City of Sebastopol
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Pilot Flying J EIR,
City of Lathrop
Vineyards at El Dorado Hills,
El Dorado County
RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental Policy Analysis
and Planning,
University of California, Davis
ORGANIZATIONS
American Planning Association
ACREDITATIONS
AICP
LEED AP O+M
Josh Smith, AICP, is a Senior Planner with De Novo. He has twelve years of experience and is responsible for the preparation of CEQA/NEPA documents (Initial Studies, Negative Declaration, Environmental Impact Reports, and Environmental Assessments), the development of air quality and greenhouse gas technical plans and reports, and climate change planning for local governments.
Josh has extensive experience with air quality, greenhouse gas, and energy modeling, including criteria air pollutant and air dispersion modeling. Josh also has substantial experience developing Climate Action Plans, Energy Action Plans, and toxic air contaminant (TAC) Health Risk Assessments. He served as the primary technical analyst on the Pleasanton, Oakdale, and Hughson Climate Action Plans, and has managed EIRs such as the Manteca Annexation #1 EIR, Placer County RTP EIR, and Amador County RTP EIR. Josh has additional expertise utilizing best-practice standards for developing greenhouse gas (GHG) inventories and context-specific GHG mitigation measures, as well as developing custom air pollutant emissions calculators for complex projects.
Josh Smith, AICP, LEED AP
SENIOR PLANNER
5175 Vincent Avenue MND,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR and HRA,
City of Tulare
Amador County RTP EIR,
Amador County Council of Governments
Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
Pilot Flying J EIR and HRA,
City of Lathrop
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Sonoma Springs Specific Plan and
EIR,
Sonoma County
Sterling Apartments EIR,
City of Davis
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Manteca Annexation #1 EIR,
City of Manteca
Tra Vigne Development Project EIR,
City of Stockton
Gardena U-haul MND,
City of Gardena
Citrus Heights Sunrise Tomorrow EIR
City of Citrus Heights
Fullerton 1901 Via Burton MND
City of Fullerton
Pleasanton Climate Action Plan
City of Pleasanton*
Hughson Climate Action Plan
City of Hughson*
Hughson Climate Action Plan
City of Hughson*
Rialto Travel Center EIR and HRA
City of Rialto
Palmdale HRA
City of Palmdale
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Smith while she was employed at another planning firm
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EDUCATION
BA, Political Science,
University of California, Los Angeles
Master of City and Regional
Planning,
Cal Poly, San Luis Obispo
ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Congress for the New Urbanism
AWARDS
2019 California Planning Foundation,
Central Coast Section Scholarship
2019 & 2020 Errett Fisher Foundation
Scholarship
Erik has worked on a diverse range of projects for public and private sector clients, with a focus on environmental and sustainability planning, land-use planning, and policy development. Erik provides project support in the preparation of CEQA documentation and long-range planning documents, including General Plans, Housing Elements, and Zoning updates. His experience includes grassroots lobbying with a non-profit environmental organization and work in the legal field.
Erik is passionate about serving communities and creating innovative work through place-based development strategies.
Erik Anderson
ASSOCIATE PLANNER
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update, Hawthorne Blvd
Specific Plan Update, and EIR
City of Lawndale
Zoning Update and Addendum to
General Plan EIR
City of Westminster
General Plan Update and EIR
City of Jackson
General Plan Update and EIR
City of Red Bluff
Mountain House Incorporation IS/ND
San Joaquin County
SR-120 Interchange IS/MND
City of Lathrop/Caltrans
Circulation Element Update IS/ND
City of Bell Gardens
U-Haul Expansion IS/MND
City of Gardena
Pilot Travel Center IS/MND
City of Moreno Valley
Applied Medical Expansion IS/MND
City of Lake Forest
2500 North Hollywood Way EIR
City of Burbank
Harper Project EIR
City of West Hollywood
Focused General Plan Update
City of Glendale
Local Hazard Mitigation Plan
Laguna Hills, CA
Housing and Safety Element Update
City of Rancho Santa Margarita
Housing Element Update (6th Cycle)
Cities of Lawndale, Glendale,
Hawthorne, La Verne, Avalon, Lake
Forest, Rancho Santa Margarita,
Westminster, Temecula, and San
Jacinto
General Plan Update
City of McFarland*
McFarland Zoning Code Update
City of McFarland*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Anderson while enrolled as a Graduate Student in City and Regional Planning at Cal Poly, San Luis Obispo
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Courtney is an Assistant Planner with De Novo Planning. She earned a B.S. in City and Regional Planning with a minor in Sustainable Environments from Cal Poly, San Luis Obispo. Courtney has a passion for community planning and has participated in public outreach efforts for cities throughout Southern California.
Courtney work focuses on environmental projects and has worked on a variety of CEQA projects for land development and public policy document projects. She has worked on projects at the programmatic level and at the project-specific level, allowing her to better understand the impacts planning decisions have on both the surrounding communities and individuals.
Courtney has worked on a range of planning projects, including Climate Vulnerability Assessments and General Plan Updates throughout California.
Courtney Marchi
ASSISTANT PLANNER
EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
ORGANIZATIONS
American Planning Association
AWARDS
2021 Academic Award of Excellence,
APA Central Coast Division
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update EIR,
City of La Verne
General Plan Update EIR,
City of Martinez
Housing Element Update EIR,
City of Sausalito
Pilot Travel Center Project EIR,
City of Moreno Valley
Pilot Travel Center Project EIR,
City of Perris
Harper Project EIR,
City of West Hollywood
2500 North Hollywood Way EIR,
City of Burbank
Great Scott Tree Service IS/MND,
City of Lake Forest
Applied Medical Expansion Project
EIR,
City of Lake Forest
Soma Apartments IS/MND,
City of Manteca
U-Haul Expansion Project IS/MND,
City of Gardena
Climate Vulnerability Assessment,
Cities of Lake Forest, Gardena,
Stanton, and Bradbury
Environmental Justice Element
Update,
City of Anaheim
Environmental Justice Element
Update,
City of Gardena
General Plan Update,
City of San Marcos
General Plan Annual Progress
Report,
City of San Marcos
Background Report & General
Plan Policy Update,*
City of San Joaquin
Downtown Tracy Light Rail
Specific Plan,*
City of Tracy
Urban Design Visions,*
City of San Martin
General Plan Update,
County of Orange
RELEVANT PROJECT EXPERIENCE
* Project was completed by Marchi while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo #11..
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EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo
ORGANIZATIONS
American Planning Association
AWARDS
2014 1st Place Sacramento Regional
Design Competition, ACE Mentorship
Program, Sacramento Valley Section
Jeff is an Assistant Planner with De Novo and joins our team having recently earned his B.S. in City and Regional Planning from Cal Poly San Luis Obispo. Jeff is passionate about serving communities and creating innovative work through land use planning and design. He is an active member of the APA ambassador program and the APA Small Town & Rural program. Jeff works on a variety of projects for De Novo, including General Plan updates and CEQA documentation.
Jeffrey Setterlund
ASSISTANT
Glenn County General Plan Update,
Glenn County
Willows General Plan Update,
City of Willows
West Area Specific Plan EIR,
City of Fresno
College Park EIR,
City of Rocklin
Lathrop General Plan Update,
City of Lathrop
Wackerly Annexation Plan,
City of Manteca
Campbell General Plan Update,
City of Campbell
Milpitas General Plan Update,
City of Milpitas
Housing Element Update,
City of Escalon
Housing Element Update,
City of Lakeport
Housing Element Update,
Shasta County
Parlier Community Plan Update,
City of Parlier*
Bickford Ranch Specific Plan,
Placer County*
Sunset Industrial Area Specific
Plan,
Placer County*
Placer Ranch Specific Plan,
Placer County*
High Speed Rail Station Area Plan
(Practicum),
City of Riverside*
Downtown Plan (Practicum),
City of San Luis Obispo*
Waterfront Resiliency Project,
City of San Francisco*
Community Plan Update
(Practicum),
Avila Beach*
Corridor Redevelopment Vision,
Meadow Vista*
Secondary Dwelling Code Update,
Placer County*
Housing Element Update,
Placer County*
RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Setterlund while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo or while he was employed at another planning firm
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Ellen Poling
Senior Associate
100 Pringle Avenue.
Suite 600
Walnut Creek, CA 94596
925.930.7100
Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Washington DC about
Ellen has 30 years of experience managing transportation planning and traffic engineering projects. Her projects have included traffic impact studies, environmental impact report transportation chapters, general and specific plan transportation elements, neighborhood traffic calming
studies, freeway interchange project reports, and
university-related studies covering a wide array of issues, including origin-destination surveys, trip generation
surveys, and policy analysis. Her particular areas of
expertise include university and city planning studies, environmental review under CEQA, and development site
traffic engineering review. Her recent city clients include Benicia, Fairfield, Lafayette, Moraga, Pleasant Hill, San Ramon, Stockton, and Vallejo; recent college and
university clients include UC Berkeley, UC Davis, UC
Riverside, UC Merced, CSU East Bay, Stanford University, Mills College, and University of San Francisco.
education
B.S. in Aeronautical Engineering, University of California, Davis, 1986
affiliations
Institute of Transportation Engineers: Member
registrations
Licensed Traffic Engineer, State of California (#1723)
Licensed Mechanical Engineer, State of California (#27941) expertise
• General Plans
• Specific Plans
• University and College Campus Planning
• Traffic Impact Analysis
• Site Access and Circulation Evaluation
• Parking Studies
• Highway Project Development
public service
Lafayette Circulation Commission: 1997 – 2011
publications & presentations
Downtown at the Crossroads: Balancing Capacity Needs
with Quality of Life in Lafayette, CA (Institute of
Transportation Engineers, 2000 National Meeting)
The Roundabout Solution for a Campus Gateway
(Transportation Research Board 4th International
Conference on Roundabouts, April 2014)
project experience
North Downtown Specific Plan (Walnut Creek, CA)
Fehr & Peers is kicking off the transportation planning work for the North Downtown Specific Plan in Walnut
Creek. The Plan area is bounded by Parkside Drive, Civic Drive, California Avenue, Pringle Avenue, and I-680. Our tasks include a baseline traffic operations and
transportation infrastructure report, developing land use and transportation alternatives, multi-modal evaluation of alternatives, preparing the transportation chapter of the Specific Plan, and completing the transportation
impact analysis for the Specific Plan EIR.
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Ian Barnes, PE
Senior Associate/Stockton Office Leader
EDUCATION
Master of Science in Civil Engineering,
University of California, Berkeley, 2011
Bachelor of Science in Civil Engineering,
Magna Cum Laude, California Polytechnic
State University – San Luis Obispo, 2010
REGISTRATIONS
Professional Engineer, State of California
(#C81389)
AFFILIATIONS
Institute of Transportation Engineers (ITE),
Legislative Chair
Founding Officer of the San Francisco Bay
Area chapter of the Young Professionals in
Transportation
PUBLICATIONS
Impact of Peak and Off Peak Tolls on Traffic in
the San Francisco-Oakland Bay Bridge Corridor
(lead author), UC Berkeley Global Metropolitan
Studies, 2011
EXPERTISE
• Traffic operations analysis for PID and PA/ED
• Arterial Traffic Operations
• Senate Bill 743 CEQA VMT analysis for
transportation infrastructure projects
• Technical Software: VISSIM; SYNCHRO/
SIMTRAFFIC; HCS; TRAFFIX
• Microsimulation modeling
ABOUT
Ian Barnes is an award-winning Senior Associate in Fehr & Peers’ Stockton office, where he also serves as Office Leader. Mr. Barnes has over 10 years of experience in multimodal planning and operations analysis over a broad spectrum of settings in the Bay Area and Northern California. He is an expert in microsimulation modeling, including extensive experience with the VISSIM and SimTraffic software analysis packages. His studies focus on complex arterial networks, as well as complex freeway systems. He previously served as the Legislative Chair of the Institute of Transportation Engineers San Francisco Bay Area Section, and was a founding officer of the San Francisco Bay Area chapter of the Young Professionals in Transportation professional society.
SELECT PROJECT EXPERIENCE
State Route 120/Union Road Diverging Diamond Interchange (Manteca, CA)
The SR 120/Union Road interchange serves as a key regional transportation mobility node for the City of Manteca and San Joaquin County as a whole; efficient and safe multimodal operations at the interchange are critical to maintain the quality of life for residents, employees and visitors of the area, while continuing to ensure the function of key economic drivers for the local community. Given the high traffic demands placed on the interchange, an innovative, first-in-California Diverging Diamond Interchange (DDI) concept, along with a grade separated bicycle/pedestrian “ribbon path,” was advanced as the preferred alternative for the project.
Fehr & Peers provided transportation consulting services for the SR 120 / Union Road Diverging Diamond Interchange (DDI) Project in the City of Manteca, including completed the PA&ED phase Traffic Operations Analysis Report (TOAR) for the project. Being committed to providing an efficient and cost-effective analysis of the transportation impacts of the proposed project, we used as much information from prior studies completed by Fehr & Peers for transportation infrastructure and land use projects in the area. The analysis fully evaluated the Diverging Diamond Interchange (DDI) Project and provided improved access from southbound Union Road into the Promenade Shops – Orchard Valley. The TOAR was conducted in conjunction with Caltrans District 10’s policies for transportation analysis and traffic forecasting; relationships with District 10 staff were critical in advancing this innovative interchange design through the Caltrans process. Ian served as the Deputy Project Manager and Technical Manager for this project.
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LUKE SAXELBY, INCE Bd. Cert.
Principal Consultant at Saxelby Acoustics
915 Highland Pointe Drive, Suite 250 | (916) 760-8821 | [email protected] | SaxNoise.com Mr. Saxelby has been practicing acoustic and noise control engineering for the past 21 years and is a Board Certified member of the Institute of Noise Control Engineering (INCE). He is an expert in the requirements of the California Environmental Quality Act (CEQA) relating to noise impacts and has been involved in the preparation of hundreds of noise studies, including CEQA Environmental Impact Reports (EIR) and Mitigated Negative Declarations (MND). He is also a recognized expert witness in issues relating to building acoustics and noise control and has given testimony on various legal projects including construction defect claims and CEQA litigation.
Mr. Saxelby has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model (TNM), the CadnaA (Computer Aided Noise Abatement) sound prediction model, SoundPLAN acoustic model, the Federal Aviation Administration’s (FAA) Integrated Noise Model (INM), and the Enhanced Acoustic Simulator for Engineers (EASE) model. He has also developed many custom computer models used in his practice. Special interests and areas of practice include the application of noise control techniques for mechanical systems, building noise control design, low noise HVAC systems, and architectural acoustics.
KEY EXPERIENCE
▪ Airstrip/Helipad Noise Assessment
▪ Architectural Acoustics Design and Testing
▪ Community Noise Ordinance Development
▪ Compliance Monitoring
▪ Construction Noise/Vibration Analysis
▪ EIR / MND / EIS / HUD Noise Assessments
▪ Expert Witness
▪ General Plan Noise Element Development
▪ Green Building Code Analysis
▪ Industrial Noise Control
▪ Low Noise HVAC Design
▪ Master Plan / Community Plan Noise
▪ Mining Noise Assessment
▪ Peer Review
▪ Transportation Noise Studies
▪ Wind Turbine Noise Analyses
PROFESSIONAL EXPERIENCE
▪ Vice President & Senior Consultant | j.c. brennan & associates, Inc. | 2006-2017 ▪ Consultant | Bollard Acoustical Consulting | 2005
▪ Consultant & Technician | Bollard & Brennan, Inc. | 2002-2005
EDUCATION/TRAINING/PROFESSIONAL AFFILIATIONS
▪ Institute of Noise Control Engineering (INCE) | Board Certified (2011) ▪ FHWA Traffic Noise Model (TNM) Training Course | Burlington, MA (2005 ▪ B.S. Mechanical Engineering | California State University | Sacramento, California (1999-2004) ▪ Board for Professional Engineers and Land Surveyors: Engineer-In-Training (EIT) #116045 (2003)
PUBLICATIONS
▪ Noise Control for a Metal Shredder and Recycling System | Sound & Vibration Magazine | August 2012 PROJECT EXPERIENCE – ACOUSTICAL DESIGN AND NOISE CONTROL ENGINEERING ▪ 4045 Broadway Multi-Family Development. Oakland, California. ▪ 401 29th Street Multi-Family Development. Oakland, California ▪ Scotia Apartments Multi-Family Development. San Jose, California ▪ California School for the Deaf Acoustical Design. Riverside, California. ▪ Jackson Street Multi-Family Housing. Seattle, Washington.
PROJECT EXPERIENCE – ENVIRONMENTAL NOISE ASSESSMENT
▪ Bethel Church Collyer Drive Campus. City of Redding, California. ▪ Isabella Dam Safety Modification EIS. Lake Isabella, California. ▪ Central Trunk Sewer Rehabilitation Construction Project. Sacramento, California. #11..
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Steve McMurtry, De Novo Planning Group March 24, 2023 www.SaxNoise.com