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www.modestogov.com
AGENDA
City of Modesto
SAFETY AND COMMUNITIES COMMITTEE
COUNCIL WORKSHOP
2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, November 06, 2023 at 4:00 PM
Roll Call: Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
Alternates: Eric Alvarez, Nick Bavaro, David Wright, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.
Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the committee itself may take action to direct staff to place a matter of business on a future agenda.
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 2 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
CONSENT ITEMS - ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.
Any and all of the following agenda items are subject to action by the Modesto City Council.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.
Consent
1. Consider an Agreement with First Alarm Wellness, Vista, California for behavioral health services for the Modesto Fire Department for a total amount not to exceed $222,750 over five years and forwarding to Council for approval. (Funding Source:
General Fund)
Motion recommending an Agreement with First Alarm Wellness, Vista, California for behavioral health services for the Modesto Fire Department for an estimated annual amount of $40,500 and five-year amount of $202,500, plus $20,250 in contingency if needed, for an Agreement total amount not to exceed $222,750 over five years and forwarding to Council for approval.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] - 3 -
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Consent
2. Consider an Agreement for the purchase of retired City Police canine, Hank, by Officer Nicholas Largent. (Funding Source: General Fund)
Motion recommending an Agreement with Officer Nicholas Largent for the purchase of retired Canine Hank for the amount of $1 and forwarding to Council for approval.
POLICE DEPARTMENT; Brian Klieber, 209-572-9500, [email protected] Consent
3. Consider a Second Amendment to the Agreement with Mansfield, Lierly and Associates for polygraph examination services for a new total amount of $231,485 over three years and extending the term of the Agreement to July 12, 2024, and forwarding to Council for approval. (Funding Source: General Fund) Motion recommending Second Amendment to the Purchasing Agreement with Mansfield, Lierly and Associates for polygraph examination services for a new total amount of $231,485 an increase of $42,210 over three years and extending the term of the Agreement to July 12, 2024, and forwarding to Council for approval.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected]
NEW BUSINESS
4. Consider accepting the Department of Health and Human Services Substance Abuse and Mental Health Services Administration grant funds in the amount of $970,370, and forwarding to Council for approval. (Funding Source: Grant Funds) Motion approving the acceptance of the award of $970,370 from the Department of Health and Human Services Substance Abuse and Mental Health Services Administration and forwarding to City Council for their approval.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
November 6, 2023
Date: October 17, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Interim Fire Chief
SUBJECT: Behavioral Health Services Agreement
CONTACT: Kevin Wise, Interim Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider an Agreement with First Alarm Wellness, Vista, California for behavioral health services for the Modesto Fire Department for a total amount not to exceed $222,750 over five years and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This recommended action supports the City’s 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
On July 15, 2018, the City entered into an agreement with First Alarm Wellness for services provided to the City of Modesto Fire Department to combat and mitigate the effects of first responder psychological trauma, for one year, with an annual amount not to exceed $15,000.
The agreement was amended on May 6, 2019, to extend the contract for an additional two years, through June 30, 2021, and to increase the cost by $30,000, for a revised total agreement cost not to exceed $45,000.
On August 5, 2020, under Resolution 2020-322, Council approved a second amendment to extend the term to June 30, 2022, and revise the total amount not to exceed $150,000. During this time, the City of Modesto was combating the COVID-19 pandemic healthcare crisis, and the behavioral health services provided by First Alarm Wellness were offered to City staff beyond the Modesto Fire Department.
On July 13, 2021, under Resolution 2021-281, Council approved a third amendment to extend the term to June 30, 2023 and revise the total agreement cost not to exceed $200,000. #1..
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Safety and Communities Committee, November 6, 2023
Behavioral Health Services Agreement
Since the third amendment expired, the agreement was amended for the fourth time on September 13, 2023, to extend the term of the agreement to December 30, 2023, while the department prepares and agrees on new terms for a new agreement to continue services with the trusted behavioral health specialist. A new agreement is vital in order to continue managing the safety and well-being of our first responders.
DISCUSSION:
Kristina Casola, president and lead clinician of First Alarm Wellness, is licensed by the State of California as a behavioral health specialist in emergency services and has supported the Modesto Fire Department since 2018. Since then, she has gotten to know our first responders on a personal level and has maintained trustworthy relationships.
The services provided include counseling services and support for our first responders impacted by work-related distress, by providing education, resources, and effective clinical services, as well as clinical oversight of all aspects of the department’s behavioral health program. In addition to confidential counseling for our sworn personnel, Casola also provides crisis management services and on-call services to support the department when needed during critical incidents. Her expertise in trauma behavioral health and crisis management has played an instrumental role in the safety and well-being of our first responders.
The term of the agreement is for five years, effective December 31, 2023, with an annual amount not to exceed $40,500 and total amount not to exceed $222,750 over five years, which includes a $20,250 contingency if needed.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, in excess of One Hundred Thousand dollars ($100,000) to follow formal bid procedures. 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.” Here, Inflexible time constraints preclude the bidding process in order to provide continued behavioral health services for the Modesto Fire Department. Therefore, staff recommends the Behavioral Health Services of this Agreement to First Alarm Wellness should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since First Alarm Wellness has provided the Modesto Fire Department with Behavioral health services since 2018 and has established a trustworthy relationship with staff which is crucial in mental health services.
FISCAL IMPACT:
The cost for behavioral health services will be paid from the Fire Department’s Operating Budget in the following appropriation unit, for an annual amount not to exceed $40,500, and total agreement amount not to exceed $222,750 over five years, which includes 10% contingency of $20,250 if needed.
Fund / Project Description Account Amount
General Fund / Suppression Professional Services (53300) $222,750 #1..
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Safety and Communities Committee, November 6, 2023
Behavioral Health Services Agreement
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending an Agreement with First Alarm Wellness, Vista, California for behavioral health services for the Modesto Fire Department for an estimated annual amount of $40,500 and five-year amount of $202,500, plus $20,250 in contingency if needed, for an Agreement total amount not to exceed $222,750 over five years and forwarding to Council for approval.
Approved by:
Kevin Wise, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments:
1. First Alarm Wellness Draft Agreement
2. Exhibit A – Sample FAW Agreement for Services
3. Exhibit B – 2023 FAW Fee Schedule
4. Signed Bid Waiver
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1 STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and First Alarm Wellness, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that a Consultant Agreement for First Responder Behavioral Health Services should be prepared for the City to combat and mitigate the effects of first responder psychological trauma, specifically that of firefighters.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A".
2. TERM OF AGREEMENT.
This Agreement is effective for a term of two (2) years starting December 31, 2023 to December 30, 2025 with the option to extend on an annual basis for up to three (3) additional years at the sole discretion of the City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
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2 City hereby gives Consultant notice to proceed with services, as of the Effective Date of this agreement. Consultant shall diligently proceed with providing the services outlined in the scope of work within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed $202,500 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for City in accordance with Exhibit "A”, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.
City shall pay Consultant Net 45 Days via manual check.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $20,250. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City department indicating the reason for additional work, scope, and cost of such work. The City department shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed $222,750. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved prior to commencing the work. #1..
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3 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 Krisina “Tina” Casola, LMFT, 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 seventy-five percent (75%) 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.
PHI and Intellectual Property Information
Unless consent is given or any employment agreement, collective bargaining agreement, or a court order authorizes the City to review or inspect protected health information (PHI), such shall remain the property of consultant and employee receiving services from consultant. Consultant’s class curriculum, handouts, and similar literature are the intellectual property (“Intellectual Property”) of the Consultant and cannot be reproduced or redistributed without written consent and further agreement by Consultant.
Ownership of Documents
Except for PHI and Intellectual Property as defined above, 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 #1..
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4 reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce anonymized data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
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 the City Manager.
8. CONFLICT OF INTEREST.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City. #1..
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5 9. AMENDMENTS.
This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing.
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. Except as City may specify in writing, Consultant 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. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine and control 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 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 #1..
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6 terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.
Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: First Alarm Wellness
Address: 122 Civic Center Drive #101
Vista, California 92084
Attention: Kristina “Tina” Casola, LMFT
Phone: (760)275-1469
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7 Facsimile: (888)464-4455
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Serguina Rodriguez
Phone: (209)342-4554
Facsimile: (209)544-1652
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 via PINS Advantage 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 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. #1..
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8 (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall #1..
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9 include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.
Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.
Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
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10 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 Project as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
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 #1..
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11 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 for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
16. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, #1..
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12 Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
17. DISPUTE RESOLUTION.
Venue for 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 in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES.
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. 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.
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.
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13 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.
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. #1..
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14 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 First Alarm Wellness has caused this agreement to be duly executed as of the Effective Date. #1..
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EXHIBIT “A”
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
Agreement for behavioral health services between
First Alarm Wellness (FAW) and City of Modesto
PURPOSE: Supplemental support program specific to wellness of first responders and their organizations to promote safety, wellness and quality service delivery.
PRIMARY OBJECTIVE: To support individuals impacted by work-related distress, by providing education, resources, and effective clinical services. Secondarily to assist these employees to be focused and safe on the job which may require offering support for concerns that are outside of the workplace. We encourage use of other resources available (EAP, Insurance, and community) when appropriate.
SECONDARY OBJECTIVE: To provide clinical oversight of all aspects of a comprehensive behavioral health program.
TERTIARY OBJECTIVE: To provide department/agency wide education specific to behavioral health and wellness including but not limited to resiliency, suicide prevention, stress management, and personal relationship management.
SCOPE OF SERVICES: Organization level clinical oversight management, counseling services, and education.
CLINICAL OVERSIGHT MANAGEMENT
Why have a Clinical Oversight Manager (COM)? In emotionally charged events, having an informed outsider to observe the actions, reactions, engagement and non-engagement, emotional expression or blunting of affect, and witnessing any cooperation and conflict, will produce a more efficient and effective response for the individuals involved and the organization. It is important that this person not be influenced by bias or politics that exist internally in organizations. The COM should also be knowledgeable about financial resources of the agency and any limitations that exist. When this is in place prior to an incident, the COM is able to advocate for care at the level of best practices with the employee and organization health and wellness in mind.
Services of a COM include consultation on emotional, psychological, or behavioral concerns, interpersonal issues, or other topics as requested (help to conceptualize a situation to offer comprehensive support, review suggestions for letters and other communications; attendance at agency events as invited, such as meetings, educational presentations, charity events, participation in ridealongs, station visits, etc. This comprehensive approach helps to support that important component of familiarity and comfort; it is about the relationship as much as the therapeutic intervention and these casual interactions supplement a clinician’s awareness of department interactions, concerns, etc.
CLINICAL SUPPORT SERVICES
Clinical support services may include:
Individual (1:1) sessions
Couples and/or family sessions, if supported by organization #1..
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EXHIBIT “A”
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
Conjoint meetings (other than family members, ex. co-workers) Group meetings (clinical services and educational events) Consultation services
Assistance in resource identification or placement
Triage/support phone calls
Case management services
Collaboration and advocacy with other medical providers, employer, labor group, educational facilities and others (with written consent of the individual) Other services with authorization and mutual agreement between the department and FAW. Any additional services as defined below or with mutual agreement.
CRISIS SUPPORT SERVICES
Crisis Support Services are acute services provided in person onsite, online, or in office following critical incidents: including but not limited to mass casualty incidents, line of duty death or injury, crew exposures, and other incidents as requested by authorized department representatives. Includes crafting personalized response plan for the agency, supervising implementation of approved plan, communication with and coordination of additional resources that are made available, reporting to incident command/chief officer, etc. FAW is experienced working in IMT.
PEER SUPPORT TEAM CLINICAL OVERSIGHT
FAW is experienced in creation of peer support teams and support existing teams with consultation and continued education. FAW will host a reoccurring clinical support meetings (every 6 weeks) for situational reporting, resourcing, policy considerations and team member wellness. The FAW clinical coordinator may also recommend that members be inactivated if concerned about their well-being or ability to be a trusted asset in the agency. FAW is available on short notice to support team members via phone, video, or in person meeting.
CONFIDENTIALITY AND RECORDS
Information regarding any contact between a representative of FAW and any individual or group is a confidential communication between these two parties. No other party has the right to information resulting from these contacts without written release of private health information (PHI) by the individual.
Breaches in confidentiality may only be made under the laws pertaining to mandated reporting of reasonable suspicion of harm to oneself or another. Disclosures are permissible when an employee is mandated to services by the employer by using the Employer Mandated Referral Form and associated limited release of information.
All records are the property of FAW.
Records will be released when legally allowed and with appropriate documentation. Information shared for the purpose of invoice will be strictly de-identified. FAW will share general themes and make recommendations for departmental education, if the needs arise, taking care not to identify any individual(s). FAW is not a forensic psychology practice and it is not within our scope of practice to appear in person, through reports or opinions in court cases. We will make our records available, when legally able, through appropriate channels. See FAW Court Policy for additional information. #1..
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EXHIBIT “A”
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
COMPENSATION
FAW does not work on retainer. We are a Fee-for-Service agency. Therefore availability can be reduced during high request events. A priority is given to our contracted agencies.
The current year fee schedule provides more detailed information. Fee schedule will be adjusted annually based on market rates for similar services, insurance requirements, and other costs required to be a vendor with agencies.
Contacts > 60 min are billed at pro-rated amount in accordance with the classification of the service provider based on the published fee-for-services schedule for the given year. Services may be scheduled by the organization and therefore are known encounters or may be scheduled by the individual but financially supported by organization. In either case, confidentiality of the information shared is expected by all in attendance.
CREDENTIALS OF FAW STAFF
Clinicians affiliated with FAW are licensed in the state of California to provide psychotherapy and education; or are registered Associates: post-graduate students registered with the state, working towards licensing eligibility and under the supervision of a licensed clinician. Clinicians are well educated, experienced, and trained in utilizing evidence-based practices that are efficient and cost effective for all the concerns an individual or family may face. Services are provided via telehealth, secure video conferencing, or in-person upon request, where available.
NONDISCRIMINATION
In performing services under this agreement, FAW shall not discriminate in the employment of its employees or in the engagement of any sub-contractor on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
CONCERNS REGARDING SERVICES
In the instance that an individual is unhappy with the services they are receiving from a member of the FAW team, we highly encourage discussing that dissatisfaction with the provider. If that is uncomfortable, such concerns can be directed to:
Tina Casola, LMFT at [email protected]
Sapna Lee, LMFT at [email protected]
Julie Schrope, Office Manager at [email protected] If the parties involved are unable to come to a resolution that is not congruent to therapeutic growth for the individual or the provider, recommendations for additional services will be provided prior to termination of services. Fees for services previously provided are not refundable and all balances must be paid in full.
Commented [TC1]: Not sure what this sentence means
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EXHIBIT “A”
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
INSURANCE REQUIREMENTS
FAW shall take out and maintain, during the life of this agreement, insurance coverage that is required and agreed to by both parties. Should an agency require insurance that is not customary with other agencies or requires a high premium, FAW reserves that right to terminate this contract immediately.
WORKERS COMPENSATION
FAW may advise clients requesting services of their rights to Workers’ Compensation and to contact the agency if they wish to file a claim for benefits for any work-related incident or illness.
NOT EMPLOYEES OF THE AGENCY
FAW agrees that in undertaking the duties to be performed under this agreement, it shall act as an independent contractor for and on behalf of the agency and not as an employee of the agency. The agency shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The agency, however, retains the right to require that work performed by FAW meet specific standards without regard to the manner and means of accomplishment thereof.
Per this agreement, the agency elects to utilize all the services of FAW as described above, or limited to the following selections:
☐ Clinical Oversight Management (COM) only (no clinical support services provided by the agency per individual, consultation and coordination by COM only). ☐ Clinical support services only (counseling services to an individual, couple, family or group as benefit is defined by the agency)
☐ Peer Support Clinical Coordination (includes meetings, education and as needed support of peer team members)
☐ Crisis Support (acute)
Per this agreement, the agency agrees to support confidential counseling services to:
☐ Department personnel only (All including non-safety and administrative) ☐ Department personnel with a safety classification only ☐ Department personnel and their spouse or partner
☐ Department personnel and their immediate family members (living in the same household or in college/university/trade program)
☐ This service agreement includes marital and family counseling
TERM OF AGREEMENT
This Agreement is effective as of: XXX, and will continue in effect until June 30, 2024 or with 60 days written notice by either party.
The total sum not to exceed $XXX as full remuneration for performing all services and furnishing all services, staffing and materials promised under this agreement without additional written authorization.
The total amount per authorized user of services not to exceed:
☐ (#) sessions OR ☐ $
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EXHIBIT “A”
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
The parameters in which each authorized user must use the above listed amount:
☐ the entirety of their employment with CITY and does not reset once limit is met ☐ each year of the contract and amount will reset at the beginning of each fiscal year on July 1 Services will be invoiced on a quarterly basis. Invoices shall be directed to the following point of contact:
Name:
Email:
Phone number:
Any requests of services that require additional expenses (sessions, travel, additional testing, etc.) will require prior authorization. These authorizations may be in the form of emails, text or fax. Those with authority to authorize additional services/support are:
Name:
Title:
Email:
Phone number:
This agreement is made and entered into in the county of XXX, State of California, this day of 2022 (“Effective Date”) by and between the City of [NAME], a municipal corporation, and First Alarm Wellness, a Family Counseling Corporation.
[Include necessary officials below as needed by your agency for contracting] By: XXX By: FIRST ALARM WELLNESS,
A Family Counseling Corporation
____________________________
NAME & TITLE Kristina “Tina” Casola, LMFT
Contact Information President
[email protected]
Direct: (760) 275-1469
Office: (760)650-4128
Attachments:
Current Fee Schedule
Employer Mandated Referral form & Limited Release of Information Court Policy
Current Class offering flyer (optional)
Need from agency:
Logo for flyers, recognition in social media posts, etc. Information to provide to clients on EAP resource (contact flyer), protocol for accessing workers compensation, other available resources agency would like us to highlight
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Igniting the Discussion of Mental Wellness for First Responders First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive, #101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
2023 FEE SCHEDULE and Options for payment
(Effective January 1, 2023)
Administrative Fee: Applies only to organizations requiring insurance endorsements. Each department and/or municipality will incur a fee of $500 each year on July 1st (fiscal year start), for contract processing, required insurance endorsements, and any other administrative tasks pertaining to the contract. The fee will be due immediately upon signing and every year hence on July 1st.
Fee-for-service: This can also be described as private pay, direct pay, or a cash fee.
Insurance: First Alarm Wellness does not directly bill insurance programs and is not paneled with any insurance company at this time. We can provide individuals with a specific receipt (Superbill) to provide to their insurance provider if they desire to seek reimbursement for services paid. For information about reimbursements, contact your insurance provider.
EAP (Employee Assistance Programs): First Alarm Wellness is not an EAP, nor are we paneled providers with any EAPs at this time. The relationship we have with several organizations is as a supplemental program, usually in addition to EAP and insurance benefits.
Health Savings/Flexible Savings Accounts: If you utilize a HSA or FSA and have a billing card, you can use this just as you would a debit or credit card to pay for services. For those who have these accounts but need to submit receipts for reimbursement, we are happy to provide those to you.
Workers Compensation (WC): First Alarm Wellness works in collaboration with several cities, districts, departments, and their third-party administrators to provide effective intervention and ensure proper utilization of funding those supportive services. These agreements are authorized by the agencies and paid outside the standard DWC fee schedule. *Must be authorized with TPA by agency and instructed to pay as presented, in full.
Court Services:
If a court order is served and is requesting staff of FAW be present in person and or there is a request for records, the client's consent will be requested before turning over confidential information.
Applicable fees for staff time will apply.
If called to testify in a deposition or court hearing, the client may not discern between information and records provided. All information and records are available for discovery. This may not be in the best interests of the client. The treating clinician(s) reserves the right to discuss the implications of releasing information and records.
Subpoenas received requesting client files, issued through approved agencies and with proper documentation will be processed as soon as possible. A subpoena in which the client provided the staff as a potential witness shall be billed in full for all court related activity. #1..
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Igniting the Discussion of Mental Wellness for First Responders First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive, #101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
The client will be told what has been requested by the court and asked if they would like to file an objection. There is no guarantee that the information will be kept confidential as the law allows under certain conditions. Records include and are not limited to mental health history, current status, communications (emails and texts), consent documents and questionnaires, and/or everything contained in the client file. We are unable to redact or send only certain records nor do we keep records in a manner to support an agenda or omit information. The clinician client relationship does not render the clinician as an advocate.
Court Policy Fee’s: Please be advised that should a clinician from FAW be court ordered to appear in court or at a deposition, the fee stipulation is as follows:
• $5,000 per day plus $400 per hour for travel to and from the court. • Any expenses incurred for transportation, lodging, and food. • $400 per hour for preparation, as determined by the provider. • Additional attorney’s fees, driving/transportation, and lodging costs or other ancillary services will be added and billed at cost.
• Should the requested clinician be pre-licensed their supervisor will also be required to attend and will be paid fees in accordance with their attendance.
Please be advised that should a FAW staff member be ordered by court to write a letter to the court, the time shall be billed at $400 per hour.
All staff of FAW will NOT be ON-CALL at any time. Should a case be trailed, or continued, the staff will be paid in full for each day as well as an additional $1,000 per day as it hinders the staffs ability to be available to their other clients and commitments.
All court fees must be received by cashier’s check 7 days prior to the court date.
Should the court calendar the hearing for another date a new subpoena with the new court hearing date must be re-issued.
Should the FAW staff member be on vacation, the party initiating the court order must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena and may be subject to reimburse costs incurred by the staff member as a result of the court order.
Fees for Out of Scope, Additional, Specialty Clinician or Ad Hoc Work: Fee for Services for work that is outside our current capabilities, FAW will attempt to identify an appropriate provider/service, validate their experience, license and insurance and engage them as a subcontractor. The rate for service may be above those stated in the hourly billable rate schedule. If so, FAW will request authorization, in writing, from the agency/individual prior to services being rendered by the Specialty Clinician.
Return to work evaluations: FAW does not currently offer return to work evaluations that require psychological testing. In those cases where a formal evaluation is required by the employer, the employer typically recommends a suitable provider to perform the evaluation. At the request of the client, with a signed release of information, FAW staff will communicate with those providers. Should FAW be asked to perform the evaluation and contract for testing services, additional fee’s may be required.
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Igniting the Discussion of Mental Wellness for First Responders First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive, #101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
Telehealth: Includes phone, video conference (preferred), chat or other similar remote methods.
Standard hourly rates (Local) will apply.
On-Site Hourly Rates, per Clinician/Consultant: Minimum four (4) hours to be billed regardless of time on-site. Additional time will be prorated and billed at the onsite hourly rate- applicable to the location. There are no additional charges for the clinicians travel time. Reimbursable travel expenses as described in this document apply.
• Local: travel time (at the time of service) is less than 30 min each way. • Out of area (at the time of service) is more than 30 min each way.
Travel Arrangements and Reimbursement: When FAW staff visit onsite at the request of an agency, costs for travel and accommodation will be billed at-cost to the agency, with no markup. In lieu of rental vehicles or other transportation, use of personal vehicles for onsite travel will be billed at the federal reimbursement rate for travel as published for that year.
Cancelation or postponements: In the case that an agreed-upon and confirmed on-site visit/training/event is canceled by the agency or postponed or reduced from the originally scheduled and confirmed plan for instructors or training days, the agency will be billed for all non-refundable travel related expenses incurred in preparation for this assignment.
In the case that the agency cancels/postpones a confirmed training less than 7 business days of the scheduled start date, 25% of the original training fee (to include all onsite hours for all instructors scheduled for the hours confirmed) in addition to any non-refundable travel fees, will be assessed.
Administrative Support: Julie Schrope, [email protected], 760-650-4128 All other needs: Tina Casola, [email protected], 760-275-1469 2023 Fee Schedule
Effective 1/1/2023
*Standard Hourly Rate: at clinician
office or by telehealth; and in area
“Local” site visits.
**On Site out of “Local” area Hourly Rate: 4-hour
min (Out of Area is >30 min drive time one way); 5
hours and above prorated at hourly rate.
All FAW Clinicians in a
clinical role
$225 $250
Administrative Support
(non- clinician)
$85 N/A
Human Resources or
Workers’
Compensation
Consultant (non-clinical)
$85 N/A
Covid Case Management
Services (non-clinical)
$150 $175
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
November 6, 2023
Date: October 5, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Retirement of Canine Hank and Purchase of Retired City of Modesto Police Canine Hank by Officer Nicolas Largent
CONTACT: Brian Kleiber, Lieutenant, [email protected] , 209-572-9500 DESCRIPTION:
Consider an agreement for the purchase of retired City Police canine, Hank, by Officer Nicholas Largent. (Funding Source: General Fund Revenue)
STRATEGIC PLAN ELEMENT:
The item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
Canine Hank has served with the Modesto Police Department for five years. Hank was born in Slovakia and will turn nine years old on May 10, 2024. In January 2022, his first handler, Officer Nicholas Largent, left employment with the City of Modesto. Canine Hank was then transferred to Officer Erick Garcia-Martinez.
Hank has had a distinguished career as a police service dog and is a valued member of the Modesto Police Department and community.
DISCUSSION:
In May 2023, Hank had a very serious surgery to repair his back. Since that time, Hank has been unable to resume full duties as a police service dog. Our veterinary professionals have advised Modesto Police Department that his recovery has apexed and he will not improve further. It would be cruel and risky to his future health to ask him to continue his career as a police service dog.
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Safety and Communities Committee, November 6, 2023
Retirement & Purchase of Canine Hank
Officer Largent came back to employment with the City of Modesto in August 2023. He is willing to take ownership of Canine Hank and any associated liability, so Officer Garcia-Martinez can continue his canine career with a new dog.
FISCAL IMPACT:
If approved by the City Council, Officer Nicholas Largent will purchase the canine for $1, per Resolution No. 99-370.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending an Agreement with Officer Nicholas Largent for the purchase of retired Canine Hank for the amount of $1 and forwarding to Council for approval.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Canine Transfer Contract with Officer Nicholas Largent #2..
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1 MODESTO POLICE DEPARTMENT CANINE TRANSFER CONTRACT
This AGREEMENT made and entered into in the City of Modesto, State of California, this ___ day of ______________ 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and Nicholas Largent, Police Officer for the Modesto Police Department, hereinafter referred to as “PURCHASER”.
The CITY and the PURCHASER shall collectively be referred to as the “PARTIES”.
Facts:
Canine “Hank” has been with the Modesto Police Department since September 18, 2018. “Hank” has served the city for 5 years. “Hank” was born in Slovakia and will turn 9 years old on May 10, 2024. “Hank” has had a distinguished career as a police service dog. “Hank” had a very serious surgery to repair his back. Since that time, he has been unable to resume full duties as a police service dog. Veterinary professionals have advised Modesto Police Department that his recovery has apexed and will not improve further. It would be cruel and risky to his future health to ask him to continue his career. “Hank” has been removed from active service with the Modesto Police Department, Canine Unit.
It is the City’s recommendation that canine “Hank” be retired from service.
This AGREEMENT is made with regard to the following recitals:
A. PURCHASER wishes to assume ownership and take possession of that certain retired City of Modesto police canine named “Hank”.
B. PURCHASER wishes to take ownership of the above-referenced dog, and the CITY wishes to divest itself of both ownership and vicarious or direct liability for the subject dog.
C. CITY does hereby agree to relinquish all of its right, title and ownership interest in said canine named “Hank” whatsoever, effective upon PURCHASER’s execution and return #2..
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2 of this document and payment of the sum of one and no/100ths dollars ($1.00) to the City of Modesto.
NOW, THEREFORE, in consideration of the matters contained in this AGREEMENT, it is mutually agreed as follows:
1. PURCHASER does agree to assume ownership of the Modesto police canine named “Hank”, and to assume any and all risks, including, but not limited to, risk of injury or death to third persons, and to hold CITY, its Police Department, and its agents, officers, employees, and/or volunteers harmless from and save, defend and indemnify them against any and all liabilities, claims, losses, judgments, or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of PURCHASER relating to any acts of the subject police canine named “Hank” after the date ownership of the canine is transferred pursuant to this AGREEMENT. That date of ownership is hereby fixed by agreement by and among the PARTIES hereto as being_______.
2. PURCHASER further agrees to assume all liability for risks and dangers relating to his/her ownership of the subject police canine named “Hank” on and after the aforementioned date, and to indemnify and hold CITY harmless in the event that any legal or administrative action, whether by claim, demand or otherwise, is made by any person or entity as a consequence of or arising out of any event, act or disturbance involving the subject police canine on or after the date ownership is transferred. These hold harmless provisions shall extend to any direct or vicarious liability arising from any and all losses, liabilities, charges (including reasonable attorney fees and court costs), and any other expenses whatsoever which may arise in any manner after the PURCHASER’S assumption of ownership on the date of ownership identified #2..
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3 herein.
3. PUCHASER acknowledges that he/she has read the foregoing AGREEMENT and understands that it is contractual in nature and understands each of its provisions.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has caused this Agreement to be executed in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-________ adopted by the City Council of the City of Modesto on the ______ day of ____________, 2023.
CITY OF MODESTO, a NEW OWNER:
Municipal Corporation
By: ___________________________
By: __________________________
JOSEPH P. LOPEZ NICOLAS LARGENT
City Manager Purchaser
ATTEST:
By: _____________________________
DIANE NAYARES-PEREZ
City Clerk
APPROVED AS TO FORM:
By: _________________________________
JOSE M. SANCHEZ
City Attorney
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
November 6, 2023
Date: October 12, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Second Amendment to the Polygraph Examination Services agreement with Mansfield, Lierly and Associates
CONTACT: Jessica Smart, Police Administrator, [email protected], 209-572-9500 DESCRIPTION:
Consider a Second Amendment to the Agreement with Mansfield, Lierly and Associates for polygraph examination services for a new total amount of $231,485 over three years and extending the term of the Agreement to July 12, 2024, and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the adopted City Council 2020-2025 Strategic Plan focus area of Quality of Life under Goal - Improve Community Safety. It is also related to the Strategic Plan focus area of Economic Vitality under Goal – Retain and attract commercial development to meet the community’s needs.
BACKGROUND:
The Modesto Police Department (MPD) utilizes polygraph services as part of its rigorous hiring process, including a comprehensive background investigation, that helps the department select high quality candidates. The MPD hiring process is a long and extensive one, of which, the polygraph exam is an early and critical screening tool for both sworn and civilian candidates.
The MPD has been processing a higher volume of candidates through the hiring process resulting in an increased number of candidates going through the polygraph phase of hiring in an effort to fill department vacancies. On February 2, 2021, by Resolution 2021-029 Council approved an agreement with Mansfield, Lierly and Associates for polygraph examination services for a not exceed amount of $135,675 for the term of three years. #3..
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Safety and Communities Committee, November 6, 2023
Second Amendment to Polygraph Examination Services Agreement with Mansfield, Lierly and Associates
DISCUSSION:
On September 13, 2022, the City Council approved, by Resolution 2022-377, a First Amendment to the polygraph examination services agreement with Mansfield, Lierly and Associates to increase the previously approved annual estimated amount from $45,225 to $72,025 for polygraph examination services with an end date of January 11, 2024. With recruitment and the addition of vacancies, due to retirements or employment at other agencies, the MPD needs to conduct polygraph screenings for candidates for positions, sworn and non-sworn, at a very aggressive rate.
With this Second Amendment to the Agreement, which will increase the funds available on the agreement by $42,210 and extend the term of the agreement to July 12, 2024, the MPD can continue polygraph screenings in a timely manner while staff work with the Purchasing Division on a formal Request for Proposal process for a new agreement for polygraph examination services.
In accordance with Modesto Municipal Code Sec. 8-3.204(a), exceptions to formal bidding requirements, the Agreement is for Professional Services and, therefore, exempt from the bidding requirements. The approval for the polygraph examination services to Mansfield, Lierly, and Associates conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing Professional Services for polygraph examinations.
FISCAL IMPACT:
The MPD and Mansfield, Lierly and Associates have agreed to continue administering polygraph examinations for the next 6 months at $335 per screening, with approximately 21 screenings per month, between January 11 and July 12, 2024, for a total approximately $42,210. This would bring the new total for the agreement to $231,485.
The following is an agreement year breakdown of polygraph examination expenses for the current agreement and estimated expenses for the remainder of the term:
Fiscal Year # of Exams Cost
2021-22 191 $ 63,985
2022-23 191 $ 63,985
2023-24 (September) 98 $ 32,830
Oct 2023 - July 2024 Estimate 211 $ 70,685
Total 691 $ 231,485
Sufficient funds are available in the current Police Department Fiscal Year Operating Budget in the Records and Support cost center’s professional services account which resides in the General Fund.
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Safety and Communities Committee, November 6, 2023
Second Amendment to Polygraph Examination Services Agreement with Mansfield, Lierly and Associates
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending Second Amendment to the Purchasing Agreement with Mansfield, Lierly and Associates for polygraph examination services for a new total amount of $231,485 an increase of $42,210 over three years and extending the term of the Agreement to July 12, 2024, and forwarding to Council for approval.
Approved by:
Brandon Gillespie, Chief of Police
_________________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Second Amendment
2. First Amendment
3. Mansfield, Lierly & Associates Agreement
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1 SECOND AMENDMENT TO AGREEMENT
FOR POLYGRAPH EXAMINATION SERVICES FOR MODESTO POLICE
DEPARTMENT
This Second Amendment (“Amendment”) is made to the Agreement entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and MANSFIELD, LIERLY & ASSOCIATES, (hereinafter “Contractor”) entered into by the parties on day of _____, 2023, (the “Agreement”), hereinafter referred to as “Original Agreement.”
RECITALS
This Second Amendment to Agreement for polygraph examination services is made with regard to the following recitals:
1. An AGREEMENT, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 2nd day of FEBRUARY, 2021 for the furnishing of polygraph examination services for one (1) year agreement with two (2) one-year extension options, for an annual amount estimated amount cost of $45,225 and a total amount not to exceed $135,675 over three years.
2. CITY AND CONTRACTOR entered into a FIRST AMENDMENT to the AGREEMENT by increasing the previously approved annual estimated amount from $45,225 to $72,025 for the furnishing of polygraph examination services as identified in the AGREEMENT.
NOW, THEREFORE, in consideration of this SECOND AMENDMENT, and the mutual promises, covenants, and stipulations contained in the Original Agreement for polygraph examination services and this Amendment to Agreement, the parties agree as follows:
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2 1. Section 3 “TERM OF CONTRACT” Original AGREEMENT shall be amended to extend term date to July 12, 2024.
2. The first paragraph of the AGREEMENT shall be amended to include the following: “Total amount not to exceed $231,485 and extending the term of the Agreement from January 12, 2024, to July 12, 2024.”
3. Except as modified and amended by this SECOND AMENDMENT to the AGREEMENT, all other provisions of the Agreement shall remain unchanged and full force and effect.
IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this Second Amendment to the Agreement by its City Manager and attested by its City Clerk under the authority of Resolution No. ______, adopted by the Council of the City of Modesto on the_____ day of ____________, 2023 and Mansfield, Lierly and Associates has caused this Second Amendment to the Agreement to be duly executed.
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1 AGREEMENT FOR POLYGRAPH EXAMINATION SERVICES
FOR MODESTO POLICE DEPARTMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2021, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Mansfield, Lierly & Associates hereinafter called CONTRACTOR,
W I T N E S S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. __________ authorizing the award of proposal and contract for the furnishing of Polygraph Examination Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFP 1718-06 for Polygraph Examination Services that best meets CITY needs, and WHEREAS, CONTRACTOR shall provide services to CITY as defined in the “Scope-of-Work”, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Polygraph Examination Services, as described in RFP 1718-06, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK.
a. CONTRACTOR shall furnish As Needed Polygraph Examination Services and insurance necessary to furnish (service), in strict accordance with the conditions of the complete Contract.
b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F February 2nd
2021-029
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2 c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.
e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the service defined for the following contracted rates, not to exceed $45,225 annually:
Base Rate shall be defined as the rate of pay, which shall be paid to CONTRACTOR.
2. CITY CONTACT:
City Representative for POLYGRAPH EXAMINATION SERVICES
PURCHASING DEPT. Ph: (209) 577-5405
Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.
3. TERM OF CONTRACT:
The term of the contract shall be for a period of one (1) year Year 1: January 12, 2021 through January 11, 2022
Year 2: January 12, 2022 through January 11, 2023
Year 3: January 12, 2023 through January 11, 2024
This Agreement may be renewed for two (2) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in the form of an amendment to the Agreement. In no such case shall the renewal extend beyond January 11, 2024.
Price will remain firm for the first year of the contract. Price increases for subsequent contract years two (2) through three (3) shall not exceed the Consumer Price Index DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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3 (CPI) in any one contract year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by Contractor in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.
4. LIABILITY INSURANCE:
CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager.
The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent Contractors and subcontractors; products and completed operations as applicable.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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4 (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.
If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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5 CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.
CONTRACTOR shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONTRACTOR shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.
CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.
5. PAYMENT:
CONTRACTOR shall invoice CITY at a minimum of a monthly basis.
All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal document. The City is exempt from payment of DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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6 Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.
At a minimum invoices shall state the following:
Reference Annual Agreement #: _____________________
City department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
6. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F 196687
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7 With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.
7. ARBITRATION:
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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8 jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
8. GOVERNING LAW:
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.
9. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:
Proofs of insurance (approved by Risk Management);
Executed Agreement;
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof;
b. Scope-of-Work, attached hereto as Exhibit “B” and made a part hereof; c. RFP 1718-06, attached hereto as Exhibit “C” and made a part hereof;
10. TERMINATION OF SERVICES:
Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F 2021-029
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9 Termination by City for Convenience
TheCitymay also terminate theContractor's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. TheCityshall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subContractors, but in no event shall recovery by any Contractor or DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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10 subContractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such other information and material as mayhave been accumulated by the Contractor in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project. i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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11 for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
11. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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12 which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
12. CONTRACT DOCUMENTS:
The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. _____________;
b. Scope-of-Work;
c. Insurance Certificates,
d. City of Modesto Standard Specifications and General Provisions.
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
13. NOTICES:
Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Jeff Lierly (or designee)
Mansfield, Lierly & Associates
7625 Sunrise Boulevard Suite 214
Citrus Heights, CA. 95610
(916) 710-1030
[email protected]
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F 2021-029
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13 CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
14. SIGNATOR(IES) FOR CONTRACTOR:
The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
15. ASSIGNMENT:
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.
16. 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.
17. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement
18. MISCELLANEOUS:
Time is of the essence in every provision of this contract.
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 DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F #3..
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14 Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. _________, adopted by the Council of the City of Modesto on the _____________-day of _____________________, 2021 and _____________________has caused this Agreement to be duly executed.
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F Mansfield, Lierly &
Associates 2nd
2021-029
February
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
STEPHANIE LOPEZ, City Clerk
CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:
BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
BY: ____________________________
JILES SMITH II, Risk Manager
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.
Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 6643FAC6-8CCB-4DCE-8F86-607F97745E3F Managing
Partner
Mansfield, Lierly & Associates
Jeff Lierly
20-4707644
2/11/2021
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
November 6, 2023
Date: October 12, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Acceptance of the Substance Abuse and Mental Health Services Administration grant funds
CONTACT: Jessica Smart, Police Administrator, [email protected], 209-572-9500 DESCRIPTION:
Consider accepting the Department of Health and Human Services Substance Abuse and Mental Health Services Administration grant funds in the amount of $970,370, and forwarding to Council for approval. (Funding Source: Grant funds)
STRATEGIC PLAN ELEMENT:
This item is related to the adopted City Council 2020-2025 Strategic Plan focus area of Quality of Life under Goal - Improve Community Safety.
BACKGROUND:
The Department of Health and Human Services of the Federal Government offered the Substance Abuse and Mental Health Services Administration (SAMHSA) grant. Funding is made available to agencies on the state and local level to support programs that promote the prevention or treatment of mental health disorders, and substance abuse, by providing rehabilitation, outreach and other support services.
This grant made $970,370 available competitively to state and local agencies to support the use of non-sworn resources to handle calls for service involving individuals experiencing mental health crisis and increase the rate at which calls are diverted from the police to non-sworn alternative responses.
Applicants may implement new activities, strategies, or programs, OR expand existing activities, strategies, or programs.
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Safety and Communities Committee, November 6, 2023
Acceptance of Substance Abuse & Mental Health Services Administration Grant Funds
DISCUSSION:
The Modesto Police Department has been notified that it is being awarded $970,370 in grant funds from the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) grant program. The grant project period is from September 30, 2023, through September 29, 2024.
The Modesto Police Department will utilize the grant funds to expand the existing Community Health and Assistance Team (CHAT) to include a team of Outreach Specialists that will be paired with Paramedics and/or Emergency Medical Technicians. This team will handle calls for service that do not require a sworn officer to respond and be the first contact to as many behavioral health, homeless, and quality of life related calls for service as possible. This funding will also allow for consistent follow-up, connection to services, completion of required forms, data collection and overall case management.
CHAT members have a primary goal of handling calls for service that do not require a sworn officer to respond, and to be the first contact at as many behavioral health, homeless, and qualityof-life calls for service as possible. They work to locate, identify and build relationships with unsheltered persons as well as those experiencing behavioral health crises and substance abuse issues by engaging with these individuals for the provision of immediate support, intervention, and connection to assistance programs. The response activity frees up police officers to handle calls for service that require a sworn officer and utilizes specialists who have more training and time to handle those calls for service.
FISCAL IMPACT:
The authorizing statute for the Substance Abuse and Mental Health Services Administration does not require matching funds. The grant will result in amending the Fiscal Year 2023-24 annual operating and multi-year non-capital project budget to set up the account for the grant as outlined in the chart below:
SAMHSABudget Grant Funds
Salaries and Benefits $ 970,370
Total $ 970,370
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion approving the acceptance of the award of $970,370 from the Department of Health and Human Services Substance Abuse and Mental Health Services Administration and forwarding to City Council for their approval.
Approved by:
Brandon Gillespie, Chief of Police
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Safety and Communities Committee, November 6, 2023
Acceptance of Substance Abuse & Mental Health Services Administration Grant Funds
_________________________________________
Joseph P. Lopez, City Manager
Attachments:
1. SAMHSA Notice of Award
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM
Department of Health and Human Services
Substance Abuse and Mental Health Services Administration Center for Flex Grants
Notice of Award
FAIN# H79FG001127
Federal Award Date
09/08/2023
Recipient Information
1. Recipient Name
CITY OF MODESTO
1010 10TH ST
MODESTO, CA 95354
2. Congressional District of Recipient
05 3. Payment System Identifier (ID)
1946000374A2
4. Employer Identification Number (EIN)
946000374
5. Data Universal Numbering System (DUNS)
060125051
6. Recipient’s Unique Entity Identifier
C9NNEMEHETD8
7. Project Director or Principal Investigator
Aurelia Harris
[email protected]
209-342-9185
8. Authorized Official
Aurelia Harris
[email protected]
209-342-9185
Federal Agency Information
9. Awarding Agency Contact Information
Andrew Payne
Grants Specialist
[email protected]
(240) 276-1238
10. Program Official Contact Information
Bethaney Myers
Program Official
[email protected]
240-276-1579
Federal Award Information
11. Award Number
1H79FG001127-01
12. Unique Federal Award Identification Number (FAIN)
H79FG001127
13. Statutory Authority
Consolidated Appropriation Act, 2023 [P.L. 117-328]
14. Federal Award Project Title
Use of non-sworn police resources to handle calls for service
15. Assistance Listing Number
93.493
16. Assistance Listing Program Title
Community Funded Projects
17. Award Action Type
New Competing
18. Is the Award R&D?
No
Summary Federal Award Financial Information
19. Budget Period Start Date 09/30/2023 – End Date 09/29/2024
20. Total Amount of Federal Funds Obligated by this Action $970,370 20a. Direct Cost Amount $970,370
20b. Indirect Cost Amount $0
21. Authorized Carryover
22. Offset
23. Total Amount of Federal Funds Obligated this budget period $970,370
24. Total Approved Cost Sharing or Matching, where applicable $0
25. Total Federal and Non-Federal Approved this Budget Period $970,370 ---------------------------------------------------------------------------------------------------------
26. Project Period Start Date 09/30/2023 – End Date 09/29/2024
27. Total Amount of the Federal Award including Approved Cost Sharing or Matching this Project Period
$970,370
28. Authorized Treatment of Program Income
Additional Costs
29. Grants Management Officer - Signature
Lesley Schrier
30. Remarks
Acceptance of this award, including the "Terms and Conditions," is acknowledged by the recipient when funds are drawn down or otherwise requested from the grant payment system.
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM Notice of Award
Congressional Directed Spending Projects Issue Date: 09/08/2023 Department of Health and Human Services
Substance Abuse and Mental Health Services Administration Center for Flex Grants
Award Number: 1H79FG001127-01
FAIN: H79FG001127
Program Director: Aurelia Harris
Project Title: Use of non-sworn police resources to handle calls for service Organization Name: CITY OF MODESTO
Authorized Official: Aurelia Harris
Authorized Official e-mail address: [email protected] Budget Period: 09/30/2023 – 09/29/2024
Project Period: 09/30/2023 – 09/29/2024
Dear Grantee:
The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $970,370 (see “Award Calculation” in Section I and “Terms and Conditions” in Section III) to CITY OF MODESTO in support of the above referenced project. This award is pursuant to the authority of Consolidated Appropriation Act, 2023 [P.L. 117-328] and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions.
Award recipients may access the SAMHSA website at www.samhsa.gov (click on “Grants” then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference.
Acceptance of this award including the “Terms and Conditions” is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system.
If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions.
Sincerely yours,
Lesley Schrier
Grants Management Officer
Division of Grants Management
See additional information below
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM SECTION I – AWARD DATA – 1H79FG001127-01
Award Calculation (U.S. Dollars)
Personnel(non-research) $677,870
Fringe Benefits $292,500
Direct Cost $970,370
Approved Budget $970,370
Federal Share $970,370
Cumulative Prior Awards for this Budget Period $0
AMOUNT OF THIS ACTION (FEDERAL SHARE) $970,370
SUMMARY TOTALS FOR ALL YEARS
YR AMOUNT
1 $970,370
Note: Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project.
Fiscal Information:
CFDA Number: 93.493
EIN: 1946000374A2
Document Number: 23FG01127E
Fiscal Year: 2023
IC CAN Amount
FG C96CF01 $970,370
IC CAN 2023
FG C96CF01 $970,370
FG Administrative Data:
PCC: CDS-SM23 / OC: 4145
SECTION II – PAYMENT/HOTLINE INFORMATION – 1H79FG001127-01 Payments under this award will be made available through the HHS Payment Management System (PMS).
PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support – Telephone Number: 1-877-614-5533.
The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800- 447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201.
SECTION III – TERMS AND CONDITIONS – 1H79FG001127-01
This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the #4..
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM following:
a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award.
c. 45 CFR Part 75 as applicable.
d. The HHS Grants Policy Statement.
e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW.
Treatment of Program Income:
Use of program income – Additive: Recipients will add program income to funds committed to the project to further eligible project objectives. Sub-recipients that are for-profit commercial organizations under the same award must use the deductive alternative and reduce their subaward by the amount of program income earned.
In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement contracts with cumulative total value greater than $10,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period. The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75.
SECTION IV – FG SPECIAL TERMS AND CONDITIONS – 1H79FG001127-01
REMARKS
CDS Remark
USE OF SAMHSA FUNDS:
SAMHSA's mission is to reduce the impact of substance use and mental illness on America's communities. SAMHSA works in partnership with states, communities, and private organizations to advance mental and substance use disorder prevention, treatment, and recovery services to improve individual, community, and public health.
Funds approved for this award must be used in support of the SAMHSA mission.
1. This Notice of Award (NoA) is issued to inform your organization that the application submitted through the funding opportunity FY2023 Congressional Directive Spending Projects Notice of Funding Announcement FG-23-099 has been selected for funding. Services and activities are to commence on September 30, 2023.
1a) This award reflects approval of the revised budget submitted July 02, 2023, by your organization. This award also reflects acceptance of the responses received in eRA two-way correspondence on July 02, 2023.
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2. Recipients are expected to plan their work to ensure that funds are expended within the 12- month budget and project period reflected on this Notice of Award.
3. All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions or how to submit a post award amendment request please refer to https://www.samhsa.gov/grants/grants-training-materials under heading Grant Management Reference Materials for Grantees.
4. All Post-Award Amendments must be submitted in eRA Commons for prior approval.
Please refer to the SAMHSA website for specific SAMHSA guidance on how to submit a postaward amendment in eRA Commons: https://www.samhsa.gov/grants/grantsmanagement/post-award-amendments Prior approval is required for, but is not limited to: a change in key personnel and level of effort, a budget revision, a change in scope, and a no cost extension. Reference the full prior approval term on the SAMHSA website under Standard Terms and Conditions at: https://www.samhsa.gov/grants/grants-management/notice-awardnoa/standard-terms-conditions. Technical questions regarding the submission of a post-award amendment in eRA Commons should be directed to the eRA Service Desk:
http://grants.nih.gov/support/
5. Register Program Director/Project Director (PD) in eRA Commons:
If you have not already done so, you must register the PD in eRA Commons to assign a Commons ID. Once the PD has received their Commons ID, please send this information to your Grants Management Specialist. You can find additional information about the eRA Commons registration process at https://era.nih.gov/reg_accounts/register_commons.cfm.
6. Key Personnel Key personnel (or key personnel positions, if staff has not been selected) are listed below:
TBH, Project Director @ TBD% level of effort
If the Project Director identified on the NoA is incorrect, submit a post award amendment for a change in key personnel via eRA Commons.
Organizations receiving Federal Funds may not exceed 100% level of effort for any program staff member (Key Personnel or otherwise) across all federally funded sources. Any changes to key personnel including level of effort involving separation from the project for more than three months or a 25 percent reduction in time dedicated to the project requires prior approval and must be submitted as a post-award amendment in eRA Commons.
Note: If an organization is awarded a grant and chooses to move forward with hiring an individual for a Key Personnel position before receiving SAMHSA's formal approval, this will be #4..
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM done at the organization s own risk. If SAMHSA s review of the Key Personnel request results in the proposed individual not being approved or deemed not qualified for the position, the expectation is that the organization must submit a qualified candidate to be placed in the Key Personnel position. SAMHSA will not be liable for any costs incurred or pay for salaries of a Key Personnel that is not approved or deemed not qualified on this grant program.
For additional information on how to submit a post-award amendment, please visit the SAMHSA website: https://www.samhsa.gov/grants/grants-management/post-award-changes.
Any technical questions regarding the submission process should be directed to the eRA Service Desk: http://grants.nih.gov/support/.
CDS Project Remarks
1. Allowable, allocable, reasonable, and necessary costs - Award recipients are responsible for ensuring that costs allocated to the grant award are reasonable and allowable in accordance with the Notice of Funding Opportunity and all applicable Policies & Regulations. Recipients must exercise proper stewardship over Federal funds and ensure that costs charged to awards are allowable, allocable, reasonable, and necessary for the performance of the Federal award, adequately documented, and consistently applied regardless of the source of funds according to reasonable costs consideration per 2 CFR 200.404 and the factors affecting allowability of costs per 2 CFR 200.403.
2. Non-supplant - Federal award funds must supplement, not replace (supplant) nonfederal funds. All recipients who receive awards under programs that prohibit supplanting by law must ensure that federal funds do not supplant funds that have been budgeted for the same purpose through non-federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in nonfederal resources occurred for reasons other than the receipt of expected receipt of federal funds.
3. Client Assistance -Client Assistance costs should be considered as a temporary solution to address a specific need that advances mental and substance use disorder prevention, treatment, and recovery services.
4. Meals (food not allowable) are generally unallowable unless they are an integral part of a conference grant or specifically stated as an allowable expense in the NOFO.
5. Entertainment (45 CFR §75.438) - Costs of entertainment, including amusement, diversion, and social activities and any associated costs are unallowable, except where specific costs that might otherwise be considered entertainment have a programmatic purpose and are authorized either in the approved budget for the Federal award or with SAMHSA’s prior written approval.
6. Promotional Materials (45 CFR §75.421(e)(3)) - Appropriated funds shall not be used to pay for promotional items and memorabilia including, but not limited to, gifts, souvenirs, clothing, and commemorative items such as pens, mugs/cups, folders/folios, lanyards, and conference bags.
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7. Stipends or payments made to individuals are generally unallowable unless they are permitted by a program’s statute authorizing or implementing regulations or they are payments made to individuals under a Traineeship, Fellowship, and Similar Award Made to Organizations on Behalf of Individuals.
8. Indirect Charges - Indirect costs or General, Facilities, and Administration costs are those expenses incurred for common or joint objectives which cannot be readily identified with an individual project or program but are necessary for the operations of the organization. Costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both.
9. Award Payments - Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). First time PMS users must obtain access to view available funds, request funds, or submit reports. Users will need to request permission and be approved by PSC. Inquiries regarding payments should be directed to PMS by emailing the helpdesk at [email protected] or call 1-877-614-553. You should also visit the PSC website for more information about their services - https://pms.psc.gov/
10. Special Terms & Conditions of Award – There may be special terms and conditions associated with your grant award. Recipients must address all special terms and conditions by the reflected due date. See the Special Terms of Award and Special Conditions of Award sections below for the specific terms and conditions associated with your grant award. A recipient's failure to comply with the terms and conditions of award, may cause SAMHSA to take one or more actions, depending on the severity and duration of the non-compliance. SAMHSA will undertake any such action in accordance with applicable statutes, regulations, and policies
SPECIAL TERMS
CDS Risk Assessment
The Office of Financial Advisory Services (OFAS), SAMHSA may perform an administrative review of your organization’s financial management systems, policies, procedures and records.
If the review discloses material weaknesses or other financial management concerns, grant funding may be restricted in accordance with 45 CFR 75/2 CFR 200, as applicable. The restriction will affect your organization’s ability to withdraw funds from the Payment Management System account, until the concerns are addressed.
CDS Funding Limitations and Restrictions
Award recipients are responsible for ensuring that costs allocated to the grant award are reasonable and allowable in accordance with the Notice of Funding Opportunity and all applicable Policies & Regulations. The Cost Principles that delineate the allowable and unallowable expenditures for HHS recipients are described in the Code of Federal Regulations.
Funding Limitations and Restrictions are listed in the Notice of Funding Opportunity and in the #4..
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM SAMHSA grantee guidelines on Financial Management Requirements.
CDS Flow Down of Requirements to Subrecipients
The recipient, as the awardee organization, is legally and financially responsible for all aspects of this award including funds provided to subrecipients, in accordance with 45 CFR § 75.351 –
75.352, Subrecipient Monitoring and Management.
CDS Conflicts of Interest Policy
Consistent with 45 CFR § 75.112, recipients must establish written policies and procedures to prevent employees, consultants, and others (including family, business, or other ties) involved in grant-supported activities, from involvement in actual or perceived conflicts of interest. The policies and procedures must:
o address conditions under which outside activities, relationships, or financial interest are proper or improper;
o provide for advance disclosure of outside activities, relationships, or financial interest to a responsible organizational official;
o include a process for notification and review by the responsible official of potential or actual violations of the standards; and
o specify the nature of penalties that may be imposed for violations.
Lobbying Restriction Reminder
Your application disclosed lobbying activities associated with your organization. Recipients of federal funds are not allowed to use federal funding to lobby federal, state, or local officials or their staff to receive additional funding or influence legislation. As a general matter, these lobbying restrictions preclude recipients from:
o Spending federal funds to influence an officer or employee of any agency or Congressional member/staff regarding federal awards;
o Failing to submit required certification and disclosure forms (i.e., SF-LLL); o Using grants funds provided to non-profit organizations or institutions of higher education to influence an election, contribute to a partisan organization, or influence enactment or modification of any pending federal or state legislation; or o Expending federal funds to influence federal, state, or local officials or legislation Please reference the standard award term on lobbying for your award at https://www.samhsa.gov/grants/grants-management/notice-award-noa/standard-termsconditions.
SPECIAL CONDITIONS
CDS-23 SF-424, SF-424A, and Revised Detailed Budget with Narrative Justification By October 30, 2023, submit the following via the eRA Commons Terms Tracker:
A. A completed SF-424 with the Project Director (PD) name and contact information listed #4..
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM in Section 8f and the Authorized Representative listed in Section 21. The contact information for the PD in Section 8f must match the eRA Commons ID for the PD/PI provided in the Section 4 "Applicant Identifier." A blank SF-424 can be accessed
at https://apply07.grants.gov/apply/forms/sample/SF424_4_0-V4.0.pdf B. A completed SF-424A for an amount equal to but not exceeding the “Total Amount of the Federal Award” shown on page 1 of this NoA. A blank SF-424A can be accessed at https://apply07.grants.gov/apply/forms/sample/SF424A-V1.0.pdf C. A completed detailed budget with narrative justification. It is highly recommended that the SAMHSA Budget Template be used to submit the revised
budget. The “SAMHSA Budget Template,” guidance, and a completed “Sample Budget-NONMATCH" can be accessed at https://www.samhsa.gov/grants/applying/forms-resources. 1) Project Director must be provided within budget even if their time is “in-kind” o Narrative needs to be provided for all positions.
2) Fringe – Names need to be provided for all staff positions All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-training-materials under heading How to Respond to Terms and Conditions.
Required Key Personnel
By October 30, 2023, you must submit a post award amendment request for change in key personnel via eRA Commons. For key personnel post award amendments, refer to the following link: https://www.samhsa.gov/grants/grants-management/post-award-amendments#change-inkey-personnel.
Note Project Director wasn't reflected in your application budget.
1. In submitting your post award actions, please include the level of effort, annual salary and resume/job description.
STANDARD TERMS AND CONDITIONS
CDS Standard Terms for Awards
Your organization must comply with the Standard Terms and Conditions for the Fiscal Year in which your grant was awarded. The Fiscal Year for your award is identified on your Notice of Award. SAMHSA's Terms and Conditions Webpage is located at:
https://www.samhsa.gov/grants/grants-management/notice-award-noa/standard-termsconditions.
Standards for Financial Management
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM Recipients and subrecipients are required to meet the standards and requirements for financial management systems set forth in 45 CFR part 75 Subpart D. The financial systems must enable the recipient and subrecipient to maintain records that adequately identify the sources of funds for federally assisted activities and the purposes for which the award was used, including authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and any program income. The system must also enable the recipient and subrecipient to compare actual expenditures or outlays with the approved budget for the award. SAMHSA funds must retain their specific identity − they may not be commingled with non-federal funds or other federal funds. “Commingling funds” typically means depositing or recording funds in a general account without the ability to identify each specific source of funds with related expenditures.
Reasonable Costs for consideration
Recipients must exercise proper stewardship over Federal funds and ensure that costs charged to awards are allowable, allocable, reasonable, necessary, and consistently applied regardless of the source of funds according to Reasonable Costs consideration per 2 CFR 200.404 and the Factors affecting allowability of costs per 2 CFR 200.403. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
Consistent Treatment of Costs
Recipients must treat costs consistently across all federal and non-federal grants, projects and cost centers. Recipients may not direct-charge federal grants for costs typically considered indirect in nature, unless done consistently. If part of the indirect cost rate, then it may not also be charged as a direct cost. Examples of indirect costs include (administrative salaries, rent, accounting fees, utilities, office supplies, etc.). If typical indirect cost categories are included in the budget as direct costs, it is SAMHSA s understanding that your organization has developed a cost accounting system adequate to justify the direct charges and to avoid an unfair allocation of these costs to the federal government. Also, note that all awards are subject to later review in accordance with the requirements of 45 CFR 75.364, 45 CFR 75.371, 45 CFR 75.386 and 45 CFR Part 75, Subpart F, Audit Requirements.
Compliance with Award Terms and Conditions
FAILURE TO COMPLY WITH THE ABOVE STATED TERMS AND CONDITIONS MAY RESULT IN ACTIONS IN ACCORDANCE WITH 45 CFR 75.371, REMEDIES FOR NON-COMPLIANCE AND 45 CFR 75.372 TERMINATION. THIS MAY INCLUDE WITHHOLDING PAYMENT,
DISALLOWANCE OF COSTS, SUSPENSION AND DEBARMENT, TERMINATION OF THIS AWARD, OR DENIAL OF FUTURE FUNDING.
eRA Support
o For technical support, contact eRA Service Desk at 866-504-9552 (Press 6 for SAMHSA Grantees).
Training & Resources - Visit the following pages on our website, https://www.samhsa.gov, for more information on implementation, monitoring and reporting on your new grant award:
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM o Grants Management
o Training & Resources for recipients
o eRA Commons
CDS Closeout Requirements - Discretionary Grants
Recipients must complete all actions required for closeout to include:
o Liquidate all obligations incurred under the award. All payment requests must be submitted before the end of the (120) days post-award reconciliation/liquidation period.
o Reconcile financial expenditures to the reported total disbursements and charges in PMS.
o Return any funds due to PMS as a result of refunds, corrections, or audits. Refer the following link for additional guidance https://pms.psc.gov/grant-recipients/returning-fundsinterest.html Recipients must close the award in accordance with 2 CFR 200.344 Closeout and the terms and conditions listed in the grant notice of award. Recipients must liquidate all obligations incurred under an award not later than one hundred twenty (120) days after the end of awards obligation and project period. After one hundred twenty (120) days, PMS account is automatically - locked. SAMHSA does not approve payment requests after one hundred twenty (120) days post-award reconciliation/liquidation period. Therefore, recipients are expected to complete all expenditure requests within the approved project period and the aforementioned 120-day post-award reconciliation/liquidation period. Recipients late withdrawal requests occurring after the aforementioned periods will be denied. Final reports are due to SAMHSA no later than 120 days after the end of the project period. Final reports include:
o Submit via PMS the Final Federal Financial Report (Final FFR, SF-425) (PDF | 1.2 MB).
o Submit in eRA Commons the Final Progress Report (FPR) or other reports required by the terms and conditions of the award.
o Submit in eRA Commons a Tangible Personal Property Report (TPPR SF-428, SF428B & if needed additional forms from SF428 series) to account for any property acquired with federal funds or indicate on the form that you have no property to report.
Failure to complete the closeout actions in 120 days after the project period end may result in a unilateral closeout of the grant by SAMHSA. This may affect future funding of federal programs and result in the reimbursement of funding to SAMHSA. If the recipient does not submit all reports satisfactorily in accordance with 2 CFR 200.344 SAMHSA will report the recipients material failure to comply with the terms and conditions of the award with the OMB-designated integrity and performance system (currently FAPIIS). Federal awarding agencies may also pursue other enforcement actions per 2 CFR 200.339. Refer to the following SAMHSA for Closeout Standard Terms and Conditions https://www.samhsa.gov/grants/grants-management/noticeaward-noa/standard-terms-conditions. Additional information on closeout is available at https://www.samhsa.gov/grants/grants-management/grant-closeout. #4..
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Version: 200 - 2/5/2023 3:10 PM | Generated on: 9/8/2023 12:19 AM Staff Contacts:
Bethaney Myers, Program Official
Phone: 240-276-1579 Email: [email protected] Andrew Payne, Grants Specialist
Phone: (240) 276-1238 Email: [email protected] Fax: (240) 276-1430 #4..
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