Agenda packet — Modesto City Council, November 7, 2023 (part 1 of 5)

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 07, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.

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 Councilmember 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 Council 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.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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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 City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council 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

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 Councilmembers 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 https://www.modestogov.com/council-meetings 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, - 2 -
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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.

Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring November 11, 2023 as Veteran's Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

2. Presentation of Helen Putnam Award for Excellence to the City of Modesto in recognition of its exceptional efforts to address homelessness in the community by Stephen Qualls, Cal Cities Public Affairs Manager. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]

3. Swearing-in of Councilmember Rosa Escutia-Braaton as the President of the Central Valley Division of the League of California Cities. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

4. Presentation of a check to the City of Modesto Parks, Recreation and Neighborhoods Department from proceeds received by the North Modesto Kiwanis Club as the presenting sponsor of the Annual Breakfast with Santa Event (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5344, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other

5. Consider appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, - 3 -
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and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission. (Funding Source:

Not Applicable)
Staff Recommendation:
 Resolution appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]

6. Consider approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026. (Funding Source:

Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers 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 Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

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

Consent

7. Consider approving the minutes from the October 24, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the October 24, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 4 -
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Consent

8. Consider approving Agreements for consultant support with federal and state advocacy services to Townsend Public Affairs, Newport Beach, CA, and Van Scoyoc and Associates, Washington, DC, for a combined total amount not to exceed $750,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving the Award of Proposals and Agreements for consultant support with state advocacy services to Townsend Public Affairs, Newport Beach, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $60,000, and a total amount not to exceed $300,000 over five years, and approving an Agreement for consultant support with federal advocacy services to Van Scoyoc and Associates, Washington, DC for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $90,000, and for a total amount not to exceed $450,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.

CITY MANAGER; Forrest Ebbs, 209-577-9149, [email protected] Consent

9. Consider approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment and authorizing the City Manager, or his designee, to execute the grant Agreement.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent

10. Consider approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025. (Funding Source: Golf Fund)
Staff Recommendation:
 Resolution approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025.

PRN; Laurie A. Smith, 209-577-5437, [email protected] - 5 -
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Consent

11. Consider approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Park Synthetic Turf Replacement project for a total amount not to exceed $88,000. (Funding Source: American Rescue Plan Act) Staff Recommendation:
 Resolution approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Park Synthetic Turf Replacement Project for a total amount of $80,000, plus $8,000 for additional services, if needed, for an Agreement total not to exceed $88,000 and authorizing the City Manager, or his designee, to execute the Agreement.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

12. Consider approving the purchase of restroom buildings for Graceada Park, Mark Twain Park, and Robertson Road Park from Public Restroom Company, of Minden, NV, for a total amount not to exceed $1,078,867. (Funding Source: Measure H) Staff Recommendation:
 Resolution approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of Restroom Buildings for Graceada Park, Mark Twain Park, and Robertson Road Park, for a total amount of $980,788, plus $98,079 of contingency, if needed, for a total amount not to exceed $1,078,867, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

13. Consider approving the Plans and Specifications for the Claus Road and Scenic Drive Signal Coordination, CML 5059(245) & CML 5059(246) Project, accepting the bid, and awarding a contract to Tennyson Electric, LLC of Livermore, CA in the amount of $798,200, and a 10 percent contingency amount of $79,820 for a total amount not to exceed $878,020. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
Staff Recommendation:
 Resolution approving the Plans and Specifications for the Claus Road and Scenic Drive Signal Coordination, CML 5059(245) & CML 5059(246) Project, accepting the bid, and awarding a contract to Tennyson Electric, LLC of Livermore, CA, in the amount of $798,200, and a 10 percent contingency amount of $79,820 for a total amount not to exceed $878,020 and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program (CIP) budget, projects #101322 and #101323 in the amount of $310,000 and increasing the transfer from the Measure L – Local Road Tax Fund to fund the projects, and authorizing the City Manager or his designee, to implement the provisions of this resolution.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] - 6 -
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Consent

14. Consider accepting the Plans and Specifications for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and Awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in an amount not to exceed $7,272,462 and approving an Engineering Support During Construction Agreement with West Yost Associates, of Sacramento, CA, in an amount not to exceed $220,767. (Funding Source: Wastewater Fund)
Staff Recommendation:
 Resolution approving Plans and Specifications for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $6,323,880 plus $948,582 in Contingency (if needed), for a total amount not to exceed $7,272,462 and authorizing the City Manager, or his designee, to execute the Contract.
 Resolution authorizing an increase in the Director’s Authority to issue change orders for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project from 10% ($632,388) to 15% ($948,582) of the Construction Contract amount of $6,323,880 with George Reed, Inc., of Modesto, CA.
 Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project, in the amount of $200,697 for the identified scope of services, plus $20,070 for additional services (if needed), for a total amount not to exceed $220,767 and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $2,967,790 to fund the Construction Phase of the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent

15. Consider approving a Sole Source Agreement with Hach Company, Loveland, CO for Nitrate Analyzer Equipment and Field Services, for a total amount not to exceed $530,000 over three years. (Funding Source: Water Fund) Staff Recommendation:
 Resolution approving the sole source Agreement with Hach Company, Loveland, CO for Nitrate Analyzer Equipment and Field Services for a threeyear Agreement for a total amount not to exceed $530,000, and authorizing the City Manager, or his designee to execute the Agreement.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] - 7 -
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COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on October 17, 2023.

16. Hearing to consider an Ordinance amending the Modesto Municipal Code to adhere to State Regulations regarding Emergency Shelter and Low-Barrier Navigation Centers, including definition updates and identifying zones where these uses will be allowed by ministerial approval. (Funding Source: General Fund)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Sections 10-2.125, 10-2.133, and 10-2.194; and adding Section 10-2.149.1 to Article 1 (Definitions) of Chapter 2 (Definitions); amending Section 10-3.101, Table 3.1-1 (Permitted and Conditional Land Uses), Commercial Section of Article 1 (Permitted and Conditional Land Uses) Chapter 3 (Land Use Regulations); amending Section 10-3.205; and, adding Section 10-3.208.1 to Article 2 (Specific Land Use Regulations) of Chapter 3 (Land Use Regulations) of Title 10 (Zoning Regulations).

CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on October 17, 2023.

17. Hearing to consider Ordinances establishing Mixed-Use Pedestrian (MU-P) and Mixed-Use Highway (MU-H) Zones, an Ordinance rezoning parcels in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to MU-P and MU-H zones, and an Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multi-family residential uses in addition to existing uses. (Funding Source: General Fund)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 6 regarding a Mixed-Use Pedestrian Oriented (MU-P) Zone.  Motion introducing and waiving the first reading of an Ordinance amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 7 regarding a Mixed-Use Highway Oriented (MU-H) Zone.  Motion introducing and waiving the first reading of an Ordinance rezoning parcels in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to MU-P and MU-H zones.
 Motion introducing and waiving the first reading of an Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multi-family residential uses in addition to existing uses.

CED; Michael Hren, 577-5273, [email protected]
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NEW BUSINESS

18. Consider authorizing the City Manager, or his designee to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects; and approving an Agreement for expanded client services with Modesto Gospel Mission for a total amount not to exceed $100,000 for a one-year Agreement. (Funding Source: ARPA funds, Measure H funds)
Staff Recommendation:
 Resolution authorizing the City Manager, or his designee, to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects.  Resolution amending the fiscal year 2023-2024 Multi-Year Non-Capital MultiYear budget to create a new project and establish applicable revenue, expense and transfer budgets for the Bridge Housing projects to be funded with Measure H funds in the amount of $3,000,000 and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
 Resolution approving an Agreement for expanded client services with Modesto Gospel Mission for a total amount not to exceed $100,000 for one year and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.

CED; Jessica Hill, 209-577-5321, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, NOVEMBER 7, 2023 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
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The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
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

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 7, 2023
Date: October 23, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Diane Nayares-Perez, City Clerk
SUBJECT: Citizens’ Salary Setting Commission Appointments CONTACT: Diane Nayares-Perez, City Clerk, [email protected], 209-577-5396,
DESCRIPTION:

Consider appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s Strategic Commitment, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I.

Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

On February 5, 2008, voters approved Measures M (Accountability in City Hall) an amendment to the City’s Charter. Measure M called for the establishment of a Citizens’ Salary Setting Commission to consider and make recommendations regarding the Mayor and Council salaries.

Section 703(b)1 of the City of Modesto’s Charter added the formation of a Citizens’ Salary Setting Commission whose function is to recommend the compensation for the Mayor and members of the Council. According to the Charter, the Commission shall meet between March 1 st and April 30th of every even-numbered year.

Commission Requirements
The Citizens’ Salary Setting Commission shall consist of five qualified electors residing within the City and shall be appointed by the City Council pursuant to the provisions below:
1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTVIITHCO_S703COELOF #5..
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City Council, November 7, 2023
Citizens’ Salary Setting Commission Appointments

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Strong consideration shall be given to composing the Commission of:

1. A retired Stanislaus County judge to serve as chairperson;

2. One member of a bona fide local taxpayer’s association with tax exempt status under relevant Internal Revenue Service (IRS) code;

3. One member from a bona fide local non-partisan political organization with tax-exempt status under IRS Section 501 (c)(3), dedicated to encouraging informed and active participation in government;

4. One member from a former civil grand jury who has served in that role within the last five years;

5. Additional members who have demonstrated civic involvement and a capacity to serve in an honest, independent, and impartial fashion.

DISCUSSION:

The Citizens’ Salary Setting Commission has five vacancies at this time. Five applications were received.

Recruitment efforts were made by sending letters to the Superior Court of Stanislaus County to try and recruit a retired judge. A letter was also sent to the League of Women Voters to recruit for a bona fide local nonpartisan political organization, with tax-exempt status under Section 501 (c) (3) of the Internal Revenue Code, dedicated to encouraging informed and active participation in government. Additionally, an advertisement for recruitment was published in the Modesto Bee, and posted by the Communication and Media Relations Department on the City’s Social Media page and City website.

On September 28, 2023, the Appointments Committee reviewed all qualifying applications and unanimously recommended the appointment the five individuals to serve on the Salary Setting Commission.

According to the bylaws, the terms should be staggered. Therefore, the Appointments Committee determined the terms by lot. The Appointments Committee recommend the following terms:
 Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026
 Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028
FISCAL IMPACT:

There is no fiscal impact.

COMMITTEE RECOMMENDATION:

This item was presented to the Appointment Committee on September 28, 2023, and it resulted in the recommended appointments that are now under the Council's consideration. #5..
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Citizens’ Salary Setting Commission Appointments

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission.

Approved by:

Diane Nayares-Perez, City Clerk
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Bylaws

3. Redacted Applications (5)
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11/07/2023/CC/DNPerez/Item __ 1 2023-___

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPOINTING JAN VISS AND JULIE SAUGSTAD FOR A TWOYEAR TERM WITH AN EXPIRATION OF DECEMBER 31, 2026; AND

APPOINTING ABIMAEL CHAVEZ-HERNANDEZ, COLLEN PRESTON, AND

ROLAND (SANDY) SUTTON, FOR A FOUR-YEAR TERM WITH AN
EXPIRATION OF DECEMBER 31, 2028 TO SERVE ON THE ON THE
CITIZENS’ SALARY SETTING COMMISSION
WHEREAS, Section 703(b) of the City of Modesto’s Charter established the formation of a Citizens’ Salary Setting Commission whose function is to recommend the compensation for the Mayor and members of the Council. According to the Charter, the Commission shall meet between March 1st and April 30th of every even-numbered year; and
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards, Commissions, and Committees with the recommendation of the City’s Appointments Committee; and WHEREAS, The Citizens’ Salary Setting Commission shall consist of five qualified electors residing within the City; and
WHEREAS, the term for the Citizens’ Setting Commission is four years and according to the bylaws the terms should be staggered; and WHEREAS, the Appointments Committee met on September 28, 2023, and recommended the appointments of five members to serve on the Commission with the following staggered term: Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission. #5..
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11/07/2023/CC/DNPerez/Item __ 2 2023-___
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Citizens’ Salary Setting Commission, thereof.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of November, 2023, by Councilmember ______, who moved its adoption, which motion being duly seconded by Councilmember __________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CITIZENS’ SALARY SETTING COMMISSION
BYLAWS
Article I
Definitions
Section 1 There is created a Committee to be known and designated as the Citizens’ Salary Setting Commission.

Section 2 As used in these Bylaws, unless a different meaning clearly appears from the context:

A. "Member" shall mean a member of the Citizens’ Salary Setting Commission.

B. "Citizens’ Salary Setting Commission" and "Commission" shall mean the Citizens’ Salary Setting Commission.

Article II
Objectives
Section 1 The function of the Commission shall be to recommend the compensation it deems appropriate for the Mayor and members of the Council, subject to this guidance:

A. The salary of the Mayor shall not be more than fifty percent (50%) of the salary for a Superior Court Judge in Stanislaus County.

B. The salary of a Councilmember shall not be more than fifty percent (50%) of the median family income for the Modesto Metropolitan Statistical Area as reported by the United States Census Bureau. The salary of all Councilmembers shall be the same.

Article III
Membership
Section 1 The Citizens’ Salary Setting Commission shall consist of 5 qualified electors.

Section 2 The Members of the Commission shall reside within the city limits of the City of Modesto at the time of appointment and must maintain residence within the City at all times during their service on the Commission.

Section 3 No member of the Commission shall be an employee of the City, nor any #5..
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bargaining unit for employees of the City, nor a person who receives compensation from the City or from bargaining units of the City in any manner, including retirement benefits.

Section 4 Strong consideration shall be given to composing the Commission of:
 A retired Stanislaus County judge as chairperson;
 One member from a bona fide local taxpayer’s association with taxexempt status under the relevant provisions of the Internal Revenue Code;
 One member from a bona fide local non-partisan political organization with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, dedicated to encouraging informed and active participation in government;
 One member from a former Civil Grand Jury who has served in that role within the previous five years;
 Additional members who have demonstrated civic involvement and a capacity to serve in an honest, independent, and impartial fashion.

Section 5 All appointments shall be approved by a majority vote of the City Council.

Section 6 No member of the Commission shall be a lobbyist or other person with business before the City that represents an economic interest in excess of the limit for material financial effect as established by local ordinance for the time periods established by local ordinance.

Section 7 No member of the Commission shall be a relative by blood or marriage within the third degree of the Mayor, Councilmember, Charter Officer, or any department director or deputy department director.

Article IV
Terms of Office
Section 1 The initial five Members of the Commission shall be appointed during the month of March 2008.

Section 2 Of the initial five Members, two shall be appointed for a term expiring on December 31, 2010 and three Members, including the initial chairperson, shall be appointed for a term expiring on December 31, 2012.

Section 3 Commencing December 2010, new appointments shall be made during the month of December of each even-numbered year to fill the offices of the members whose terms are expiring as the end of such even-numbered years.

Section 4 Such appointments shall be for regular terms of four years commencing on the January 1 of the following odd-numbered year and expiring on December 31 of the second even-numbered year thereafter.
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Section 5 Members may be re-appointed after their initial term, but in no event shall any person who has served two consecutive terms on the Commission be eligible for re-appointment to the Commission.

Section 6 Serving any portion of an unexpired term shall not be counted as service of one term. Members not eligible for re-appointment may continue to serve until their successors are appointed and meet all of the qualifications outlined in Article III Membership of these bylaws. No member shall serve more than eight consecutive years, with the exception of those who are serving until their successors are appointed.

Section 7 The Members of the Commission shall receive no compensation for the performance of their official duties
Section 8 Appointments to fill vacancies on the Commission shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 9 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission chairperson for the following reasons:

A. Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Council first states in writing the reasons for such removal and gives the member the opportunity to be heard before the Council in their own defense.

B. Refusal to resign from the Commission when no longer a resident of the City of Modesto.

Article V
Attendance at Meetings
Section 1 It shall be the responsibility of each Member to know the dates and times of all meetings of the Commission. If a Member knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Chair at least forty-eight hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 2 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 3 Timely attendance at meetings is expected and necessary to carry out the mission of the Commission.

Article VI
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Officers and Their Duties
Section 1 Officers shall consist of Chair, as appointed by the City Council, and Vice-chair, elected by a majority vote of the Members of the Commission. Officers shall serve a four-year term.

Section 2 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 3 The Chair shall not serve more than two consecutive four-year terms.

The Vice-chair shall not serve more than two consecutive four-year terms.

Section 4 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Commission are properly enforced.

Section 5 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6 The Office of the City Clerk shall provide a staff member to serve as secretary.

He/she shall keep a record of the minutes of all meetings and such other duties as are usually performed by a secretary. He/she shall supply the Members of the Commission with copies of all records taken within three days after a meeting takes place. He/she shall also assist in publicity releases concerning Commission activities.

Article VII
Meetings
Section 1 The Commission shall conduct sufficient number of meetings during the months of March and April in even-numbered years to assure the Objectives as outlined in Article II are achieved.

Section 2 Special meetings shall be called by the Chair as necessary.

Section 3 Notices of all meetings, including an agenda, shall be given to all members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two hours prior to the time of such meeting.

Section 4 All meeting agendas will be posted at Tenth Street Place and will be available at the following public facilities: Tenth Street Place and at the Main Branch of the Stanislaus County Free Library.

Section 5 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 6 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission members. #5..
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Section 7 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.

Article VIII
Order of Proceedings
Section 1 Sturgis' Standard Code of Parliamentary Procedure shall be the guide for parliamentary procedures in the conduct of Commission meetings.

Section 2 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:

1. Call to order

2. Approval of Minutes

3. Written Communications

4. Old Business

5. New Business

6. Oral Communications

7. Matters Too Late for the Agenda

8. Adjournment
Section 3 Members of the public shall not speak unless recognized by the Chair and shall state their names and addresses before making any statement, which shall become a part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.

Article IX
Report to the City
Section 1 The Commission’s recommendation will be made to the City Council by April 30 of every even-numbered year to be effective for a two-year period commencing not before July 1 of that even-numbered year.

Section 2 Failure of the Commission to make a recommendation in any even-numbered year within the prescribed time shall be deemed to be a recommendation that no change be made to existing compensation levels.

Article X
Amendments
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Section 1 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council. #5..
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1 Dana Sanchez
From: [email protected]
Sent: Friday, September 1, 2023 10:52 AM
To: Optimize; Diane Nayares-Perez; Dana Sanchez
Subject: Online Form Submission #40361 for Boards, Commissions & Committees Application External Email: Please use caution when clicking links and/or opening attachments.

Boards, Commissions & Committees Application
Title II Compliance
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.

Apply To: Salary Setting Commission
First Name Abimael
Last Name Chavez-Hernandez
Address
City Modesto
State California
Zip Code 95351
Home Phone
Work Phone
Email Address
Occupation Economic Analyst
Employer / Business West Modesto Community Collaborative Business Address 601 South Martin Luther King Drive
City Modesto
State California
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2 Zip Code 95351
Education BA, Political Science
Master of Public Policy, University of Minnesota-Twin Cities (Section Break)
Qualifications:

Are you a retired Stanislaus
County judge?
No
Are you a member from a
bona fide local taxpayer's
association with tax exempt
status under the relevant
provisions of the Internal
Revenue Code?
No
Are you a member from a
bona fide local nonpartisan
political organization, with
tax-exempt status under
Section 501(c)(3) of the
Internal Revenue Code,
dedicated to encouraging
informed and active
participation in
government?
Yes
Are you a member from a
former Civil Grand Jury who
has served in that role
within in the previous five
years?
No
Do you consider yourself to
have demonstrated civic
involvement and a capacity
to serve in an honest,
independent, and impartial
fashion?
Yes
Are you a Modesto
resident?
Yes
If yes, what was the date of
residency?
9/20/1997
Are you a registered voter
in the City of Modesto?
Yes
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3 Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

Economic Justice Policy Associate, SPUR
Policy Analyst, Minnesota Budget Project
Partnerships Specialist, US Census Bureau
How did you learn about
the board for which you are
applying?
Other (Please specify)
If other, please specify: Facebook guided me towards open board and commissions seats
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
I currently work for the West Modesto Community
Collaborative, which provides services to community members and is working to increase civic engagement and participation with area residents
What is it about this
position that interests you?
Equity is a core principle to my professional development and I believe it should be a stronger in the region's economic development strategies and political development
What qualities, experience,
and expertise would you
bring to it?
I have worked in several organizations in California and Minnesota advocating for equity in budgets, government
processes, and outcomes
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that #5..
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4 require the information to be summarized and reported to the federal government for civil rights enforcement.
(Section Break)
Email not displaying correctly? View it in your browser. #5..
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Title II Compliance
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.

Apply To:*
-- Select One --
First Name Last Name
Address
City State Zip Code
Home Phone Work Phone
Email Address Occupation
Employer / Business
Business Address
Boards, Commissions & Committees Application Save Progress Form Center My Forms

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City State Zip Code
Education
Qualifications:

Yes
No
Are you a member from a bona fide local nonpartisan political organization, with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, dedicated to encouraging informed and active participation in government?*
Yes
No
Are you a member from a former Civil Grand Jury who has served in that role within in the previous five years?*
Yes
No
Are you a Modesto resident?*
Yes
No
Are you a registered voter in the City of
Modesto?
Yes
No
Are you a registered voter in Stanislaus
County?
Yes
No
Are you now or have you
ever been employed by the
City of Modesto?*
Inclusive dates:
—
Yes
No
Do you have relatives or a member of your household who are employed by the City of Modesto, or who are currently serving on the City Council, or who are Board members or Commissioners?
List relevant employment, training, and experience, certificates of training, licenses, and professional registration.
mm/dd/yyyy
mm/dd/yyyy
Enable Google Translate
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Community Group
Newspaper
Place of Employment
Utility Bill Insert
Other (Please specify)
How did you learn about the board for which you are applying? Describe your involvement in community activities and civic organizations. (Do not list partisan political parties.)
What is it about this position that interests you?
What qualities, experience, and expertise would you bring to it?

Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

protected by reCAPTCHA
Privacy - Terms
Receive an email copy of this form.

Submit
Enable Google Translate
#5..
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Print
Title II Compliance
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.

Apply To:*
If other, please specify:*
Note: The application period for the Community Police Review Board ended on January 31st, 2023. The Measure H Oversight board application period ended March 24th, 2023.

First Name
Julie
Last Name
Saugstad
Date of Birth* School* Grade*
Address

City
Modesto
State
CA
Zip Code
95354
What Council District do you live in?
Home Phone Work Phone
Boards, Commissions & Committees Application - Submission #39604 Date Submitted: 7/6/2023
Salary Setting Commission -- Select One --
mm/dd/yyyy
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Email Address
[email protected]
Occupation
retired
Employer / Business
Business Address
City State Zip Code
Education
BA,
Qualifications:

Yes
No
Are you a retired Stanislaus County judge?*
Yes
No
Are you a member from a bona fide local taxpayer's association with tax exempt status under the relevant provisions of the Internal Revenue Code?*
Yes
No
Are you a member from a bona fide local nonpartisan political organization, with tax-exempt status under Section 501(c) (3) of the Internal Revenue Code, dedicated to encouraging informed and active participation in government?* Yes
No
Are you a member from a former Civil Grand Jury who has served in that role within in the previous five years?* #5..
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Yes
No
Do you consider yourself to have demonstrated civic involvement and a capacity to serve in an honest, independent, and impartial fashion?*
No, I am not a member of these groups.

Schools
Local Trade Associations
Chambers of Commerce
Nonprofit Organizations
Senior Citizens Groups
Non-partisan Political Organizations
Tax-payer Associations
Neighborhood Organizations
Are you a member of any of these groups?*
Check all that apply.

If so, please list the names of the groups you are a member of:* I understand that I am unable to apply for this committee if I am or have been a lobbyist.

Past Lobbyist Disqualification*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.

Yes
No
Are you now or have you ever been a lobbyist?* Add inclusive date range:
—
I understand that I must not have economic financial interest with the City of Modesto to apply for this committee.

Economic Interest Disqualification*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.

Yes
No
Have you done business with the City that represents
an economic interest?*
Add inclusive date range:
—
mm/dd/yyyy mm/dd/yyyy
mm/dd/yyyy mm/dd/yyyy
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Yes
No
Are you an active Certified Public Accountant (CPA)?*
I understand that I must have at least 2 years in financial or performance auditing to apply for this committee.

Financial Accounting or Performance Auditing Experience Requirement* If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.

Yes
No
Do you have two (2) or more years’ experience in financial or performance auditing? I understand that I must be enrolled full-time in High School in order to apply for this committee or commission.

Full-time Highschool Enrollment Requirement*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.

Yes
No
Are you enrolled full-time in high school?*
I understand that I must be a Modesto resident in order to apply for this committee or commission.

Modesto Resident Requirement*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.

Yes
No
Are you a Modesto resident?* If yes, what was the date of residency? I understand that I must be a registered voter in the City of Modesto to apply for this committee or commission.

Registered Voter Requirement*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.
mm/dd/yyyy
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Yes
No
Are you a registered voter in the City of Modesto?
Yes
No
Are you a registered voter in Stanislaus County?
I understand that I cannot be employed by the City of Modesto or Stanislaus County and serve on this commission or committee.

Employment Disqualification*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.

Yes
No
Are you now or have you ever
been employed by the City of
Modesto?*
If yes, in what capacity? Inclusive dates:
—
I understand that I am unable to apply for this committee if I am a relative by blood or marriage to the third degree of the mayor, member of the Council, any Charter Officer, or any department head.

Relative Disqualification*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.

Yes
No
Are you a relative by blood or marriage to the third degree of the mayor, member of the Council, any Charter Officer, or any department head or deputy department head?*
Yes
No
Do you have relatives or a member of your household who are employed by the City of Modesto, or who are currently serving on the City Council, or who are Board members or Commissioners? If yes, please explain:

List relevant employment, training, and experience, certificates of training, licenses, and professional registration. mm/dd/yyyy
mm/dd/yyyy
#5..
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Community Group
Newspaper
Place of Employment
Utility Bill Insert
Other (Please specify)
How did you learn about the board for which you are applying? If other, please specify:

Describe your involvement in community activities and civic organizations. (Do not list partisan political parties.) Currently vice president for League of Women Voters of Stanislaus County, have also served as president, treasurer, secretary and voter service director. Also on Friends of the Modesto Library board.

What is it about this position that interests you?
I believe good government is well served by community oversight. Providing appropriate compensation is likely to result in potentially qualified candidates for our city council.

What qualities, experience, and expertise would you bring to it? Experience understanding and developing budgets in League of Women Voters and in prior employment with Girl Scouts Heart of Central California.

Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability.

Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

#5..
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Why do you want to serve on the Youth Commission?*
What do you see as the primary issues currently impacting youth in our community?* What skills and talents will you bring to the Commission?* What other clubs and extra curriculars are you involved in?* a. How many hours a week do you spend in these activities? *
b. How will you prioritize your involvement in this role?* What do you enjoy doing with your free time?*
Yes
No
Are you able to meet the time and travel commitments of approximately three to four hours per month that come as a member of this commission?*
Regular general meetings are held on the 3rd Thursday of the month 4:00 p.m. at the Neighborhood Center at Marshall Park located at 420 Chicago Avenue, Building A, Modesto, CA 95351.

Note: To stay apprised of youth issues in Modesto, attendance at other meetings, such as City Council and other City boards and commissions, will be encouraged.

If selected, I commit to attending all my meetings and serving diligently to represent the youth of Modesto on the Youth Commission.

Applicant Acknowledgement*
If selected, I commit to attending all my meetings and serving diligently to represent the youth of Modesto on the Youth Commission.

Parent / Guardian Acknowledgement *
#5..
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Print
Title II Compliance
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.

First Name
Jan
Last Name
Viss
Date of Birth* School* Grade*
Address
i
City
Modesto
State
Ca
Zip Code
95356
What Council District do you live in?
Home Phone Work Phone
Boards, Commissions & Committees Application - Submission #39862 Date Submitted: 7/25/2023
Salary Setting Commission -- Select One --
mm/dd/yyyy
#5..
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Email Address Occupation
Retired from Stanislaus County
Employer / Business
Business Address
City State Zip Code
Education
Bachelor Degree in Sociology,
Master in Social Work with a focus on Community Organization and Administration, Qualifications:

Yes
No
Are you a retired Stanislaus County judge?*
Yes
No
Are you a member from a bona fide local taxpayer's association with tax exempt status under the relevant provisions of the Internal Revenue Code?*
Yes
No
Are you a member from a bona fide local nonpartisan political organization, with tax-exempt status under Section 501(c) (3) of the Internal Revenue Code, dedicated to encouraging informed and active participation in government?* Yes
No
Are you a member from a former Civil Grand Jury who has served in that role within in the previous five years?* #5..
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Yes
No
Do you consider yourself to have demonstrated civic involvement and a capacity to serve in an honest, independent, and impartial fashion?*
No, I am not a member of these groups.

If so, please list the names of the groups you are a member of:* I understand that I am unable to apply for this committee if I am or have been a lobbyist.

Yes
No
Are you now or have you ever been a lobbyist?* Add inclusive date range:
—
I understand that I must not have economic financial interest with the City of Modesto to apply for this committee.

Yes
No
Have you done business with the City that represents
an economic interest?*
Add inclusive date range:
—
mm/dd/yyyy mm/dd/yyyy
mm/dd/yyyy mm/dd/yyyy
#5..
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Yes
No
Are you an active Certified Public Accountant (CPA)?*
I understand that I must have at least 2 years in financial or performance auditing to apply for this committee.

Yes
No
Are you enrolled full-time in high school?*
I understand that I must be a Modesto resident in order to apply for this committee or commission.

Yes
No
Are you a Modesto resident?* If yes, what was the date of residency? I understand that I must be a registered voter in the City of Modesto to apply for this committee or commission.

Registered Voter Requirement*
If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.
7/10/1959
#5..
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Yes
No
Are you a registered voter in the City of Modesto?
Yes
No
Are you a registered voter in Stanislaus County?
I understand that I cannot be employed by the City of Modesto or Stanislaus County and serve on this commission or committee.

I have a nephew that is a fireman for the City of Modesto mm/dd/yyyy
mm/dd/yyyy
#5..
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List relevant employment, training, and experience, certificates of training, licenses, and professional registration.

I retired as the Assistant Director of the Community Services Agency where I was responsible for Child Protective Services, Adult Protective Services and In Home Supportive Services. In that capacity, it was imperative to be impartial to best serve children and adults in our community. I am a critical thinker, looking at all sides of a situation. I have participated in salary assessments as part of my administrative role. Have also been involved in union negotiations.

Founding Board Member of Stanislaus Court Appointed Special Advocates Founding Board Member of Stanislaus County Child Abuse Prevention Council.

Have served as Board of Trustee for Dordt University. Have served on various committees both locally and state wide in my role as a Child Welfare Administrator.

After retirement I served as a consultant for California County's Child Welfare and Juvenile Probation Departments to assist them in improving outcomes for children and families.

Community Group
Newspaper
Place of Employment
Utility Bill Insert
Other (Please specify)
How did you learn about the board for which you are applying? If other, please specify:

Notified by the Civil Grand Jury
Describe your involvement in community activities and civic organizations. (Do not list partisan political parties.) My last involvement was with the Civil Grand Jury. I do volunteer work for the church I attend.

What is it about this position that interests you?
I do enjoy serving my community and this looks like a great opportunity. The roles of the Mayor and City Council members is an important one in our community.

What qualities, experience, and expertise would you bring to it? All the above qualities mentioned above. If you are looking for someone who is fair, not coming with an agenda, and will be a critical thinker, these are the qualities I bring. I also have a strong administrative background.

Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability.

Why do you want to serve on the Youth Commission?*
What do you see as the primary issues currently impacting youth in our community?* What skills and talents will you bring to the Commission?* What other clubs and extra curriculars are you involved in?* a. How many hours a week do you spend in these activities? *
b. How will you prioritize your involvement in this role?* What do you enjoy doing with your free time?*
#5..
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Yes
No
Are you able to meet the time and travel commitments of approximately three to four hours per month that come as a member of this commission?*
Regular general meetings are held on the 3rd Thursday of the month 4:00 p.m. at the Neighborhood Center at Marshall Park located at 420 Chicago Avenue, Building A, Modesto, CA 95351.

Note: To stay apprised of youth issues in Modesto, attendance at other meetings, such as City Council and other City boards and commissions, will be encouraged.

If selected, I commit to attending all my meetings and serving diligently to represent the youth of Modesto on the Youth Commission.

Applicant Acknowledgement*
If selected, I commit to attending all my meetings and serving diligently to represent the youth of Modesto on the Youth Commission.

Parent / Guardian Acknowledgement *
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 7, 2023
Date: October 17, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Equity Commission Appointment
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

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

Service and Delivery Goal I: Promote trust and engagement between the community and the City; and Goal J: Build a high-performance organization.

BACKGROUND:

The Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987. With the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209. As part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134.

The newly formed Equity Commission was adopted by Council on January 25, 2022, by Resolution No. 2022-054. This action renamed and repurposed the Equal Opportunity and Disability Commission to the Equity Commission. The original commission was charged with advising on matters related to equal employment opportunity. This Commission had become dormant for approximately the last five years.

City staff created a Diversity, Equity, and Inclusion (DEI) program which also was adopted on January 25, 2022, by Resolution No. 2022-051. This comprehensive program addresses needed focus and training of staff City-wide for both internal relations and service to our community. Under the program are multiple plans that address various aspects of DEI to include #6..
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City Council, November 7, 2023
Equity Commission Appointment

Page 2 of 3 ends

the Equal Employment Opportunity Plan, Language Access Plan, Americans with Disabilities (ADA) Plan, and the supporting Equity Commission.

The new Equity Commission is purposed to advise on matters related to all facets of the DEI program and subsequent plans and initiatives. The former Equal Opportunity/Disability Commission jointly met with the Human Relations Commission. This practice will continue with the Equity Commission.

On June 30, 2022, nine applications were taken to the Appointments Committee. Six applications were selected and recommended to move forward to Council. On August 9, 2022, Council approved six appointments by Resolution 2022-332 for a term expiration of August 1, 2026, leaving five vacant seats.

On September 15, 2022, sixteen applications were taken to the Appointments Committee. Four applications were selected and recommended to move forward to Council. However, one candidate rescinded their application for the Equity Commission on the day of the October 11, 2023, City Council. Therefore, on October 11, 2022, only three appointments were approved by Resolution 2022-409 for a term expiration of October 1, 2026, leaving two vacant seats.

On November 29, 2022, sixteen applications were taken to the Appointments Committee. Three applications were selected and recommended to move forward to Council. On January 10, 2023, two appointments were approved by Resolution 2023-01.

On March 7, 2023, City Council accepted the resignation of Maya Ramirez from the City of Modesto’s Equity Commission. On May 2, 2023, City Council accepted the resignation of Gabriella Fierro from the City of Modesto’s Equity Commission. On May 23, 2023, City Council accepted the resignation of A’Kia Walker from the City of Modesto’s Equity Commission. On September 12, 2023, City Council accepted the resignations of Stacey Sottero and Fallon Ferris from the City of Modesto’s Equity Commission leaving six vacant seats.

On September 12, 2023, City Council accepted a resolution amending the Equity Commission bylaws bringing the number of active members from eleven (11) to seven (7). With the five resignations above and the change in the number of active members in the by-laws, there is currently one vacancy to the Equity Commission.

DISCUSSION:

In 2023, the City’s Public Information Division advertised all open commission seats every two weeks or twice a month via Facebook and Instagram. A total of thirty-eight applications have been received to date. However, only eight applications remain active for consideration.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

COMMITTEE RECOMMENDATION:

This item was taken to the Appointments Committee on Thursday, September 28, 2023, and one application was recommended to move forward to Council. #6..
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City Council, November 7, 2023
Equity Commission Appointment

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026.

Approved by:

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

1. Resolution

2. Bylaws
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11/07/2023/HR/Calger/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023 -

RESOLUTION APPROVING THE APPOINTMENT OF MARGARET JAMES

TO THE EQUITY COMMISSION FOR A PARTIAL THREE-YEAR TERM
EXPIRATION DATE OF AUGUST 1, 2026
WHEREAS, the Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987; and WHEREAS, with the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209; and WHEREAS, as part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134; and
WHEREAS, with the creation of the Diversity, Equity, and Inclusion Program which includes Equal Opportunity and Disability accessibility; and WHEREAS, City staff retitled and repurposed the Equal Opportunity/Disability Commission to the Equity Commission and amended Article II Duties by Resolution No. 2022-054; and
WHEREAS, the Equity Commission is established to advise on matters of diversity, equity, and inclusion; and
WHERAS, the Appointments Committee met on September 28, 2023, and recommended the appointment of Margaret James to the Equity Commission. #6..
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11/07/2023/HR/Calger/Item X 2 2023-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointment of Margaret James to the Equity Commission for a partial three-year term, with an expiration date of August 1, 2026.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Equity Commission, and secretary thereof.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 7th day of November 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 Amended 9/12/23
Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22

RULES OF PROCEDURE
OF THE

EQUITY COMMISSION
OF THE

CITY OF MODESTO

ARTICLE I

ORGANIZATION
Section 1.1 Establishment.

A. The Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987.

B. Following the passage of California’s Proposition 209, the City amended relevant policies and procedures to comply with the new law. As part of that effort, pursuant to Council Resolution No. 98-134 on March 3, 1998, the name of the Commission was changed to Equal Opportunity/Disability Commission, to more accurately reflect its mission.

C. In 2021 and early 2022, in an effort to better meet the needs of the community and workforce, the City reviewed the Commission’s mission. To better align with the goals of the City, on January 25, 2022, pursuant to Council Resolution No. 2022-054, the Commission was retitled from the Equal Opportunity/Disability Commission to the Equity Commission.

ARTICLE II
DUTIES
Section 2.1 Duties. The duties of the Equity Commission are:

A. To advise the City Manager and the City Council in matters that relate to equity and inclusion, equal opportunity and disability-related issues.

B. To formulate and recommend policy to the City Council and City Manager in matters that pertain to equity and inclusion, equal opportunity and disability related issues that affect the City workforce and services provided by the City to the community.

C. To review the practices and procedures of the City of Modesto in all matters that relate to equity and inclusion, equal opportunity, and disability-related issues that affect the City workforce and services provided by the City to the community.

D. To monitor the activities and efforts of the City’s Diversity, Equity and Inclusion #6..
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2 Amended 9/12/23
Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
Program.

E. To monitor the City’s performance in meeting its goals related to equity and inclusion, equal opportunity, and disability-related issues.

F. To be updated statistically on complaints and grievances submitted to the City of Modesto in regard to equity and inclusion, equal opportunity, and disabilityrelated issues.

ARTICLE III

MEETINGS
Sections 3.1 Regular Meetings. A regular meeting of the Commission shall be held at 5:00 p.m. on the third Monday of each calendar month, except for January and February when meetings will be held on the fourth Monday due to observance of Martin Luther King Jr. Day and President's Day.

Section 3.2 Special Meetings. A special meeting may be called at any time by the Chair of the Commission or upon the written request of three (3) members of the Commission.

Whenever a special meeting shall be called, written notice of such meeting shall be made in accordance with the Ralph M. Brown Act as described in Section 3.6 hereof.

Section 3.3 Place of Meetings. Meetings shall be held at the location designated in the agenda for the meeting.

Section 3.4 Meetings to be Public. All meetings of the Commission shall be open to the public.

Section 3.5 Attendance. Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge its duties. Any Commissioner who is absent from three (3) consecutive regular meetings of the Commission, or from four (4) regular meetings within any 12-month period, shall be deemed to have forfeited their seat on the Commission, and shall be ineligible to reapply for a seat on the Commission for the remainder of the calendar year and the following calendar year. The Secretary shall report to the Commission when a Commissioner has accrued either three consecutive absences or four absences within any 12-month period..

Section 3.6 Agenda. In order to facilitate the orderly conduct of the business of the Commission:

A. The Secretary, in consultation with the Chair, shall arrange a list of the matters to be considered by the Commission at its next meeting in accordance with the order of business. The agenda and all other reports and other supplemental material shall be delivered (electronic, postal, or other means as needed) to each member of the Commission prior to the Commission meeting at which they are to be considered as far as possible in advance of #6..
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3 Amended 9/12/23
Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
the meeting as time will permit.

B. Any Commissioner may request that an item be added to the agenda prior to the legal posting requirement, and in consultation with the Chair and Secretary C. In accordance with the Ralph M. Brown Act, the agenda will be posted in a place freely accessible to the public prior to the meeting in accordance with the Brown Act.

D. Members of the public may make public comments during the Public Comments portion of each regular Commission meeting and on each agendized item. The Chair shall have discretion to limit the time allowed for public comments. Members of the public may also submit written comments via email: All comments will be shared with the Commissioners and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting. Matters presented via public comment on non-agendized items cannot be discussed or acted upon by the Commission at that meeting. Commissioners may respond by briefly responding to statements made or questions raised, asking questions for clarification, providing references to staff or other resources for factual information, requesting staff to report back at a subsequent meeting, or directing staff to place a matter of business on a future agenda.

E. The agenda shall specify the time and place of the meeting and a brief description of each item of business to be transacted.

Section 3.7 Order of Business. The order of business shall be:

A. Call to Order
B. Roll Call and Secretary’s Report of Absences
C. Public Comments
D. Approval of Minutes
E. Reports
Chair
Committees
Staff
F. Unfinished Business
G. New Business.

H. Adjournment.

Section 3.8 Reading the Minutes. Unless the reading of the minutes of the Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each member of the Commission with a copy thereof.

Section 3.9 Method of Action. All decisions of the Commission shall be by motion and, #6..
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4 Amended 9/12/23
Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
unless otherwise specified by Charter, ordinance or law, shall carry upon a majority vote of the Commissioners present. Upon the request of any member, a roll call vote shall be taken and recorded. Whenever a roll call vote of the Commission is taken, the names of the members shall be called in alphabetical order except that the name of the presiding officer shall be called last.

ARTICLE IV
QUORUM
Section 4.1 Quorum. T h e C o m m i s s i o n m a y c o n v e n e a m e e t i n g a n d t r a n s a c t b u s i n e s s o n l y w h e n a q u o r u m i s p r e s e n t . A q u o r u m s h a l l c o n s i s t o f a majority of the active members of the Commission. Active members are members who have been appointed by the City Council and have not resigned or forfeited their seat based on attendance..

ARTICLE V

MEMBERS AND

ELECTED OFFICERS
Section 5.1 Members. The membership of the Commission shall consist of seven Commissioners, appointed by the City Council. All members must reside in Stanislaus County. At least five members must be residents of Modesto who are registered to vote in Modesto if they are eligible to register to vote. Up to two members may be nonModesto residents of Stanislaus County who are registered to vote in Stanislaus County if they are eligible to register to vote. Each Commissioner will be appointed for a fouryear term beginning on January 1, with the first term beginning on January 1, 2023 and ending on December 31, 2026. If a member appointed to a four-year term resigns before the conclusion of that term, the Secretary will notify the City Council of the vacancy so that the Council may appoint a replacement member to serve out the remainder of the term.

Section 5.2 Chair and Vice Chair. The elected officers of the Commission shall be:

A Chair, whose duties shall be to preside at all meetings, assist with preparation of each meeting’s agenda, call special meetings, appoint members to committees, and serve as an ex officio member of all Commission committees; and
A Vice Chair, who shall perform the duties of the Chair in the Chair’s absence.

Section 5.3 Election of Officers. The Chair and Vice Chair of the Commission shall be elected annually at the regular meeting in January. Each officer is to hold office for no more than two terms consecutively.

Section 5.4 Interim Vacancies. If the Vice Chair of the Commission vacates that office prior to the end of his/her term, the Chair may appoint an interim Vice Chair for the #6..
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5 Amended 9/12/23
Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
remainder of the calendar year.

If the Chair of the Commission vacates that office prior to the end of his/her term, an interim Chair shall be elected by the Commission for the remainder of the calendar year.

ARTICLE VI

PROCEDURES, POWERS, DUTIES AND STAFF
Section 6.1 Governing Rules. The Commission shall be governed in order of precedence as follows: applicable federal and state law, the City Charter, Municipal Code, Resolutions or Ordinances of the City of Modesto and these Rules of Procedure.

Section 6.2 Secretary. The City shall appoint a staff representative to serve as the Commission’s Secretary. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, keep official records of the Commission, and perform such other duties as the Commission may require.

Section 6.3 Amendment of Rules of Procedure. These Rules of Procedure may be amended from time to time by motion adopted by an affirmative vote of a majority of the active members of the Commission.

ARTICLE VII

PARLIAMENTARY PROCEDURE
Section 7.1 Robert’s Rules of Order. Except as otherwise provided in these Rules of Procedure, all meetings of the Commission shall be conducted in accordance with the current edition of “Robert’s Rules of Order.”

ARTICLE VIII

COMMITTEES
Section 8.1 Standing Committees.

The standing committees of the Commission shall be the Internal Committee, which shall address matters concerning the City’s relationship with its employees; the External Committee, which shall address the City’s relationship with the community; and the Community Outreach Committee, which shall address outreach to the community concerning the Commission’s efforts and plans and make efforts to obtain community input on the City’s performance regarding diversity, equity and inclusion.

The Chair shall appoint members of each standing committee to serve until the next annual meeting of the Commission in January, and the number of Commissioners appointed to any standing committee must be fewer than the number required to #6..
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6 Amended 9/12/23
Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
establish a quorum as specified in Article IV herein. Members appointed to fill vacancies on Committees shall serve for the unexpired terms of the members they replace.

The Chair shall serve as an ex officio member of each standing committee. Each Commissioner must serve on at least one standing committee. Each standing committee shall choose a chair, who shall schedule meetings at a time when all Committee members are able to attend.

Section 8.2 Special Committees. There shall be such special committees as the Commission may establish from time to time. The members of such special committees shall be appointed by the Chair of the Commission and shall serve for terms established by the Commission.

Section 8.3 Ex Officio Committee Member. The Chair of the Commission shall serve as an ex officio member of all Commission committees.
#6..
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10/24/2023 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, October 24, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements: City Clerk reported written public comments were received for Items 11 and 12.

Declaration of Conflicts of Interest: Vice Mayor Ricci Item 18 Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken on the Closed Session items.

PUBLIC COMMENT PERIOD
 Jerry Thompson expressed gratitude to the Mayor and Council for lifting the ban on cruising. He also provided an update on AB 436 and announced the Grand Opening of the Sacramento History Museum's “Boulevard Dreams” exhibit with participation of Modesto cars on October 29th. He mentioned a celebration party for the Governor signing the bill. He also mentioned his regular attendance at meetings and mentioned Council's response to neo-Nazi comments, as well as the worsening homelessness issue. #7..
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10/24/2023 5:30:00 PM
 Zafrir Solomon discussed the Special City Council Workshop on homelessness, focusing on the meeting format and time allocated for Council and public comments. He also mentioned safe homeless sites in other cities.
 Timothy Shaw raised concerns about the injustice of allowing only in-person public comments, suggesting that completely removing Zoom comments disenfranchised those unable to attend in person. He proposed a more inclusive rule.  Derek Castle spoke about his proposal for bridge housing, aiming to provide shelter for people sleeping on the streets. He suggested Council ask staff to prepare a presentation on bridge housing.
 Steve expressed concerns about the lack of denouncement of neo-Nazi comments by the Council and discussed the need for police accountability and transparency. He also requested Zoom public comments.
 Lourdes Perez of Public Health Advocates discussed TRT, thanked the City for collaborating with the Park Youth Committee, and talked about the committee's projects and meetings with the Parks, Recreation & Neighborhood Department and Park Ranger program.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 1-17: (Ricci/Wright; 7/0)

CONSENT
Consent

1. Consider approving the minutes from the October 10, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the October 10, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 7/0) Motion approving the minutes from the October 10, 2023 Council Meeting.

Consent

2. Consider approving the 2024 Calendar of regularly scheduled City Council and Council Standing Committee meetings. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the 2024 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-459 approving the 2024 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.

Consent

3. Consider approving a Second Amendment to the Agreement with Harris & Associates for Community Facilities Districts Engineering Services to increase the agreement #7..
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10/24/2023 5:30:00 PM
amount to a revised total amount not to exceed $350,000. (Funding Source: Various Community Facilities Districts and Developer Deposits)
Staff Recommendation:
 Resolution approving a Second Amendment to the Agreement with Harris & Associates for Community Facilities Districts Engineering Services in the amount of $100,000, for a revised total amount not to exceed $350,000; and authorizing the City Manager, or his designee, to execute the Amendment.

CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-460 approving a Second Amendment to the Agreement with Harris & Associates for Community Facilities Districts Engineering Services in the amount of $100,000, for a revised total amount not to exceed $350,000; and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

4. Consider approving an Eighth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering increasing the Agreement amount by $37,902, from $9,499,031 to a new total amount not to exceed $9,536,933. (Funding Source: Regional Measure L) Staff Recommendation:
 Resolution approving an Eighth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering increasing the Agreement amount by $37,902, from $9,499,031 to a new total amount not to exceed $9,536,933, and authorizing the City Manager, or his designee to execute the Eighth Amendment.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-461 approving an Eighth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering increasing the Agreement amount by $37,902, from $9,499,031 to a new total amount not to exceed $9,536,933, and authorizing the City Manager, or his designee to execute the Eighth Amendment.

Consent

5. Consider accepting the Area 2 Storm Water to Sanitary Sewer Cross Connection Removal – Phase 2 Roosevelt Park Project as complete, releasing securities, releasing payments totaling $6,535,419 to D.A. Wood Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Storm Drain Fund)
Staff Recommendation:
 Resolution accepting the Area 2 Storm Water to Sanitary Sewer Cross Connection Removal – Phase 2 Roosevelt Park Project as complete, releasing #7..
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10/24/2023 5:30:00 PM
securities, releasing payments totaling $6,535,419 to D.A. Wood Construction, Inc., of Oakdale, CA and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-462 accepting the Area 2 Storm Water to Sanitary Sewer Cross Connection Removal – Phase 2 Roosevelt Park Project as complete, releasing securities, releasing payments totaling $6,535,419 to D.A. Wood Construction, Inc., of Oakdale, CA and authorizing the City Clerk to file a Notice of Completion.

Consent

6. Consider accepting the Rectangular Rapid Flashing Beacon Installation Project as complete, releasing securities, releasing payments totaling $842,507 to Gruendel Inc., DBA Rays Electric of Oakland CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Local Measure L Funds)
Staff Recommendation:
 Resolution accepting the Rectangular Rapid Flashing Beacon Installation Project as complete, releasing securities, releasing payments totaling $842,507 to Gruendel Inc., DBA Rays Electric of Oakland CA., and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-463 accepting the Rectangular Rapid Flashing Beacon Installation Project as complete, releasing securities, releasing payments totaling $842,507 to Gruendel Inc., DBA Rays Electric of Oakland CA., and authorizing the City Clerk to file a Notice of Completion.

Consent

7. Consider approving the Agreement for Investment Advisory Services to PFM Asset Management, LLC, San Francisco, CA, for a total amount not to exceed $1,500,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving an Agreement for Investment Advisory Services to PFM Asset Management, LLC, San Francisco, CA, by utilizing the Competitive Bidding Process from the City of Redwood City, CA for a two-year Agreement with three (3) one-year extension options, for an annual estimated amount $300,000 and a total amount not to exceed $1,500,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-464 approving an Agreement for Investment Advisory Services to PFM Asset Management, LLC, San Francisco, CA, by utilizing the Competitive Bidding Process from the City of Redwood City, CA for a two-year Agreement with three (3) one-year extension options, for an annual estimated #7..
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amount $300,000 and a total amount not to exceed $1,500,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

Consent

8. Consider approving the Purchase for various Fleet Replacements for Fleet Vehicles which includes two (2) Caterpillar Model Rollers, one (1) Wheel Rubber Tire Compactor, and one (1) Off-Road Dump Truck in the amount not to exceed $780,433. (Funding Source: Fleet Replacement Fund and Solid Waste Grant) Staff Recommendation:
 Resolution approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc. under the authorized dealer Holt to California, Stockton, CA, for the purchase of two (2) Caterpillar Model Rollers and one (1) Wheel Rubber Tire Compactor for an amount not to exceed $377,637; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
 Resolution approving the purchase of one (1) Off-Road Dump Truck with Pape Machinery, French Camp, CA for an amount not to exceed $346,149; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-465 approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc. under the authorized dealer Holt to California, Stockton, CA, for the purchase of two (2) Caterpillar Model Rollers and one (1) Wheel Rubber Tire Compactor for an amount not to exceed $377,637; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

ACTION: (Ricci/Wright; 7/0) Resolution 2023-466 approving the purchase of one (1) Off-Road Dump Truck with Pape Machinery, French Camp, CA for an amount not to exceed $346,149; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Consent

9. Consider accepting an Informational Report for the August 2023 Accounts Payable Payment Register and Void Report (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the August 2023 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Ricci/Wright; 7/0) Motion accepting an Informational Report for the August 2023 Accounts Payable Payment Register and Void Report. #7..
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Consent

10. Consider approving the First Amendment with West Coast Door and Gate for On-call Commercial Roll-up Door Maintenance and Repair Services to a revised total amount of $236,000 and utilizing the Year 5 extension option, revising the Term of the Agreement from December 2, 2023 to December 2, 2024. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving a First Amendment increasing the Agreement amount with West Coast Door and Gate, for the On-call Commercial Roll-up Door Maintenance and Repair Services by $66,000 from $170,000 to a revised total amount of $236,000 and utilizing the Year 5 extension option, revising the Term of the Agreement from December 2, 2023 to December 2, 2024 and authorizing the City Manager, or his designee, to execute the Amendment.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-467 approving a First Amendment increasing the Agreement amount with West Coast Door and Gate, for the On-call Commercial Roll-up Door Maintenance and Repair Services by $66,000 from $170,000 to a revised total amount of $236,000 and utilizing the Year 5 extension option, revising the Term of the Agreement from December 2, 2023 to December 2, 2024 and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

11. Consider an Agreement with Dr. Jocelyn E. Roland, Modesto, CA for Psychological Services and Pre-Employment Psychological Screenings, for a total amount not to exceed $930,000 over eight-years. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving an Agreement with Dr. Jocelyn E. Roland, Modesto, CA for Psychological Services and Pre-Employment Psychological Screenings, for a five-year Agreement with three one-year extension options, for an annual estimated amount of $116,250, and a total amount not to exceed $930,000 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.

POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-468 approving an Agreement with Dr.

Jocelyn E. Roland, Modesto, CA for Psychological Services and Pre-Employment Psychological Screenings, for a five-year Agreement with three one-year extension options, for an annual estimated amount of $116,250, and a total amount not to exceed $930,000 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

12. Consider approving the First Amendment to the Agreement with Modesto Jet Center for Aircraft Hangar Lease and Fuel Services to a revised Agreement total amount not to #7..
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exceed $945,862 and approving a Purchase Order with Mather Aviation, LLC, Modesto, CA, for Aircraft Maintenance Services for a total amount not to exceed $90,228. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the First Amendment to the Agreement with Modesto Jet Center for Aircraft Hangar Lease and Fuel Services to a revised Agreement total amount not to exceed $945,862 and extending the Term of the Agreement from twelve months to four years, ending October 31, 2027; and authorizing the City Manager, or his designee, to execute the Amendment.  Resolution approving a Purchase Order with Mather Aviation, LLC, Modesto, CA, for Aircraft Maintenance Services for a total amount not to exceed $90,228; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-469 approving the First Amendment to the Agreement with Modesto Jet Center for Aircraft Hangar Lease and Fuel Services to a revised Agreement total amount not to exceed $945,862 and extending the Term of the Agreement from twelve months to four years, ending October 31, 2027; and authorizing the City Manager, or his designee, to execute the Amendment.

ACTION: ((Ricci/Wright; 7/0) Resolution 2023-470 approving a Purchase Order with Mather Aviation, LLC, Modesto, CA, for Aircraft Maintenance Services for a total amount not to exceed $90,228; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Consent

13. Consider approving the Award of Bid and Agreement for Slurry Alum to Thatcher Company of California, Inc., Sacramento CA for a total amount not to exceed $300,000 over five years. (Funding Source: Surface Transportation Fund) Staff Recommendation:
 Resolution approving the Award of Bid for Purchase of Slurry Alum on an as needed basis to Thatcher Company of California, Inc., of Sacramento, CA for a one-year Agreement with four one-year extension options, for an annual estimated cost of $60,000 and a total amount not to exceed $300,000 over five years, and authorizing the Director of Finance, or her designee, to execute the Purchase Agreement.

PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-471 approving the Award of Bid for Purchase of Slurry Alum on an as needed basis to Thatcher Company of California, Inc., of Sacramento, CA for a one-year Agreement with four one-year extension options, for an annual estimated cost of $60,000 and a total amount not to exceed $300,000 over five years, and authorizing the Director of Finance, or her designee, to execute the Purchase Agreement.
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Consent

14. Consider the proposed plan and recommendations from HDR Engineering, Inc., of Folsom, CA to expand and improve the existing City of Modesto Compost Facility at 7001 Jennings Road. (Funding Source: Compost Facility Improvement Fund) Staff Recommendation:
 Resolution approving the proposed plan and recommendations from HDR Engineering, Inc. of Folsom, CA to expand and improve the existing City of Modesto Compost Facility at 7001 Jennings Road.

PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-472 approving the proposed plan and recommendations from HDR Engineering, Inc. of Folsom, CA to expand and improve the existing City of Modesto Compost Facility at 7001 Jennings Road.

Consent

15. Consider approving the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery (CalRecycle), and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-473 approving the Submittal of Application(s) to Waste Tire Program Grants offered by the California Department of Resources Recycling and Recovery (CalRecycle), and authorizing the City Manager, or his designee, to sign Grant Applications and related forms Consent

16. Consider approving an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project, in an amount not to exceed $1,540,000. (Funding Source:

Wastewater Fund)
Staff Recommendation:
 Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project in the amount of $1,400,000 for the identified scope of services, plus $140,000 in additional services, if needed, for a total amount not to exceed $1,540,000 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $1,790,000 to be transferred into the Project from Wastewater Reserves to fund the Design Phase of the Sewer Trunk #7..
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Rehabilitation on Grimes, Mercy & Woodland Ave Project and authorizing the City Manager, or his Designee, to implement the provisions of the resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-474 approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project in the amount of $1,400,000 for the identified scope of services, plus $140,000 in additional services, if needed, for a total amount not to exceed $1,540,000 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Ricci/Wright; 7/0) Resolution 2023-475 amending the Fiscal Year 2023- 24 Capital Improvement Program Budget in the amount of $1,790,000 to be transferred into the Project from Wastewater Reserves to fund the Design Phase of the Sewer Trunk Rehabilitation on Grimes, Mercy & Woodland Ave Project and authorizing the City Manager, or his Designee, to implement the provisions of the resolution.

Consent

17. Consider approving the submission of a Financial Assistance Application with the California State Water Resources Control Board to transition residences with existing septic systems to the City of Modesto’s sanitary sewer system. (Funding Source:

Wastewater Fund)
Staff Recommendation:
 Resolution approving the submission of a Financial Assistance Application to the California State Water Resources Control Board to fund the planning, design and construction of the Septic to Sewer Project, and authorizing the City Manager, or his designee to enter into a Financial Assistance Agreement and execute all related documents.

UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Ricci/Wright; 7/0) Resolution 2023-476 approving the submission of a Financial Assistance Application to the California State Water Resources Control Board to fund the planning, design and construction of the Septic to Sewer Project, and authorizing the City Manager, or his designee to enter into a Financial Assistance Agreement and execute all related documents.

COUNCIL COMMENTS & REPORTS
Councilmember Bavaro sought guidance from the City Attorney regarding the policy on public involvement in meetings before March 2020. The City's former protocol mandated in-person public remarks, and the transition to using Zoom for public engagement was a response to the COVID-19 pandemic. With the pandemic officially declared over, the City intends to revert to its standard in-person procedure, making Zoom participation optional. Furthermore, Councilmember Bavaro expressed concerns regarding the dissemination of misinformation by certain members of the public during the meeting. The Council did in fact strongly disapprove of #7..
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the neo-Nazi remarks. He underscored the significance of distinguishing between opinions and factual information.

Councilmember Alvarez highlighted the concern raised by Councilmember Bavaro about intentional misleading rhetoric, which incites fear and suspicion in the community and public attending these meetings. Such misleading information presented as facts is consistently false and needs to be addressed. Additionally, he reported on the recent Dia de Los Muertos annual event, which saw a significant turnout with cultural activities, food, live music, and a special mention of Rebecca Harrington and the American GI Forum for their efforts in organizing this event and promoting cultural enjoyment during this time of year.

Vice Mayor Ricci reported that this month, Modesto is celebrating "Mo Pink" as a way to honor and support women's health. All the money raised during this celebration is being donated to Haven, a local program that aids survivors of domestic violence. Several Modesto businesses, like Sciabica's Olive Oil, Galletto, Prospect Theater, Intrinsic Elements, and Lloyd's of La Luna, are actively participating by donating a portion of their sales or proceeds to Haven. The community's support for women is evident, and it's a positive aspect of our City. On another note, the issue of homelessness in parks, neighborhoods, and public spaces remains a concern.

However, he’s not giving up on finding solutions to address these challenges.

Councilmember Escutia-Braaton reported on a recent San Joaquin Valley Air Pollution Control Board meeting. She mentioned a significant achievement of the board. The board successfully secured approximately $37 million in funding to retire diesel-powered trucks and replace them with electric trucks, with one of the beneficiaries being PepsiCo. These electric trucks are helping improve air quality in the Valley. Another local company called "OK Produce" is also set to benefit from this funding, and both projects are expected to be completed by 2025, significantly reducing emissions and improving air quality in the area. Additionally, there was an event attended by herself and the Mayor, where the Modesto City School District received funding to purchase 30 electric trucks, install solar shading in their truck parking area, and replace gas-powered lawn equipment with electric alternatives to enhance air quality in the community. She also reminded everyone to be careful and thoughtful during the upcoming Halloween and to enjoy the fun while staying safe.

Councilmember Williams expressed the sentiments of Councilmember Alvarez. They had a wonderful time attending the Day of the Dead celebration, and he wanted to commend Rebecca Harrington for her excellent work in organizing the event and raising the necessary funds for it.

Additionally, he had the privilege of attending a ribbon-cutting ceremony for the Garden Club, which is celebrating its 100th anniversary. This is a remarkable milestone, and we have some exciting news to share about it in the near future. He informed everyone of the Kettle Kickoff that is scheduled for November 16th This event serves as a significant fundraiser for the Salvation Army.

Mayor Zwahlen’s remarks focused on the Utilities Department. Last Thursday, the Utilities Department organized a "Day Without Water" event at 1010 10th Street, where they discussed various aspects of water conservation, the turf rebate program, drip irrigation, plumbing system maintenance, smart irrigation, and introduced two new mascots, Drip and Drop. She expressed #7..
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her excitement about meeting these mascots, highlighting the enthusiasm of the Utilities staff in presenting their work, including their operations at the Jennings facility out West. She expressed gratitude to the Utility staff for their informative presentation

CITY MANAGER COMMENTS & REPORTS
None.

NEW BUSINESS
(Vice Mayor Ricci-Recusal due to Conflict of Interest)

18. Consider accepting the Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and Awarding a Construction Contract to Mozingo Construction, Inc., of Oakdale, CA, for a total amount not to exceed $33,850,794; approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for a total amount not to exceed $3,196,966 and approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for a total amount not to exceed $484,482. (Funding Source: Wastewater and Water Funds) Staff Recommendation:
 Resolution approving Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, accepting the bid, and approving a Construction Contract with Mozingo Construction, Inc., of Oakdale, CA, in the amount of $30,773,449, plus $3,077,345 in contingency (if needed), for a total amount not to exceed $33,850,794 and authorizing the City Manager, or his designee, to execute the contract.
 Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project from 8% ($2,461,876) to 10% ($3,077,345) of the Construction Contract amount of $30,773,449 with Mozingo Construction, Inc., of Oakdale, CA.
 Resolution approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount of $2,906,333, plus $290,633 in additional services, if needed, for a total amount not to exceed $3,196,966 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for the J.M.

Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, in an amount not to exceed $440,482 for the identified Scope of Services, plus $44,000 for additional services (if needed), for a total amount not to exceed $484,482 and authorizing the City Manager, or his designee, to execute the Agreement.
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 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,529,791 to fund the Construction Phase of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; David Felix, 209-577-5488, [email protected] ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-477 approving Plans and Specifications for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, accepting the bid, and approving a Construction Contract with Mozingo Construction, Inc., of Oakdale, CA, in the amount of $30,773,449, plus $3,077,345 in contingency (if needed), for a total amount not to exceed $33,850,794 and authorizing the City Manager, or his designee, to execute the contract.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-478 authorizing an increase in the Director’s Authority to issue Change Orders for the J.M.

Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project from 8% ($2,461,876) to 10% ($3,077,345) of the Construction Contract amount of $30,773,449 with Mozingo Construction, Inc., of Oakdale, CA.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-479 Resolution approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management and Inspection Services for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount of $2,906,333, plus $290,633 in additional services, if needed, for a total amount not to exceed $3,196,966 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-480 approving an Agreement with Woodard & Curran, Inc., of Sacramento, CA, for Engineering Support During Construction for the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, in an amount not to exceed $440,482 for the identified Scope of Services, plus $44,000 for additional services (if needed), for a total amount not to exceed $484,482 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Williams/Escutia-Braaton; Ricci Recusal; 6/0) Resolution 2023-481 amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,529,791 to fund the Construction Phase of the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

MATTERS TOO LATE FOR THE AGENDA
None.
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ADJOURNMENT
This meeting adjourned at 6:21 pm
Closed Session Matters heard prior to the meeting.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Camden, et al. v. E.J. DuPont de Nemours and Co. et al.

U.S. District Court for the District of South Carolina Charleston Division
Case No.: 2:23-cv-03230-RMG
City of Camden, et al. v. 3M Company
U.S. District Court for the District of South Carolina Charleston Division
Case No.: 2:23-cv-03147-RMG
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 7, 2023
Date: September 26, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Forrest Ebbs, Deputy City Manager
SUBJECT: Award State and Federal Advocacy Contracts
CONTACT: Forrest Ebbs, Deputy City Manager, [email protected], 209-577-9149 DESCRIPTION:

Consider approving Agreements for consultant support with federal and state advocacy services to Townsend Public Affairs, Newport Beach, CA, and Van Scoyoc and Associates, Washington, DC, for a combined total amount not to exceed $750,000 over five years. (Funding Source:

Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

The City currently has an agreement with Townsend Public Affairs for state advocacy services and with Van Scoyoc and Associates for federal advocacy services. The current contracts with Townsend Public Affairs and Van Scoyoc Associates were executed on April 28, 2020, for 2 years with an optional 1-year extension. That extension was executed in April of 2022.

On January 24, 2023, the Council approved a First Amendment, Resolution No. 2023-31 increasing the agreement amount with Townsend Public Affairs, for state advocacy services by $35,000 from $180,000 to a new total amount of $215,000, and Van Scoyoc Associates for #8..
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federal advocacy services by $52,500 from $270,000 to $322,500 and extending the term of the agreements from April 28, 2023, to November 28, 2023.

Since April 28, 2020, Townsend Public Affairs and Van Scoyoc can be directly credited with helping the City obtain $9.9 million in state and federal earmarks and an additional $3.5 million pending federal earmarks with Congress.

DISCUSSION:

On August 29, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for consultants to perform state and federal advocacy services on behalf of the City. On December 21, 2022, the Purchasing Division issued Request for Proposal (RFP) No. 2223-08 for the federal/state legislative advocacy services on the City’s PlanetBids public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Nineteen (19) companies downloaded the RFP document from PlanetBids. On February 7, 2023, proposals were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three (3) companies chose to respond, there were zero (0) local proposals received.

An evaluation committee comprised of six (6) City staff members which included the Director of Finance, the Director of Utilities, the Assistant Police Chief, the Management Analyst, the Infrastructure Financing Program Supervisor, and the Parks, Planning, & Development Manager, was chosen to observe the RFP process. The evaluation was based on technical experience, consultant’s program, legislative strategy, references, and price.

Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of the proposal for the federal/state legislative advocacy services to Townsend Public Affairs, Newport Beach, CA, and Van Scoyoc and Associates, Washington, DC.

The scope of work will primarily include support for the City by securing additional funding and favorable legislation. Interdepartmental staff will meet with the consultants on a monthly basis, and as issues arise to help ensure that staff is aware and can provide policy direction regarding support or opposition. The consultants will also provide support with the following:
 Identifying funding opportunities and providing support to the city in securing these funds;
 Providing support with creating a comprehensive legislative strategy that is designed to help city departments leverage support from the State and Federal governments;  Providing a detailed analysis of government activity on issues that affect the City, and offer recommendations for the City; and
 Arranging meetings and advising staff and council through meetings with key legislators and government departments to help position the City for funding opportunities, favorable legislation, or support with defeating unfavorable legislation. 1 91800- Consulting Services, 91806- Administrative Consulting, 91849 – Finance/Economics Consulting, 91858- Governmental Consulting, 91874- Legal Consulting, 91875- Management Consulting, 91876- Marketing Consulting, 96100- Miscellaneous Services, No. 1 (Not otherwise Classified), 96200- Miscellaneous Services, No. 3 (Not otherwise Classified).
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Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid for the federal and state legislative advocacy services to Townsend Public Affairs, Newport Beach, CA, and Van Scoyoc and Associates, Washington, DC.

FISCAL IMPACT:

The annual combined cost of $150,000 will be absorbed within the General Fund, Water Fund, and Surface Transportation Funds. Funds shall be budgeted accordingly, and the following accounts shall be charged for the associated activity related to the accounts:

Fund Name Distribution Amount
General Fund $104,899
Surface Transportation Fund $9,109
Water Fund $35,992
Total All Funds Budget $150,000
COMMITTEE RECOMMENDATION:

This contract was presented to Finance Committee on September 25, 2023, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Proposals and Agreements for consultant support with state advocacy services to Townsend Public Affairs, Newport Beach, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $60,000, and a total amount not to exceed $300,000 over five years, and approving an Agreement for consultant support with federal advocacy services to Van Scoyoc and Associates, Washington, DC for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $90,000, and for a total amount not to exceed $450,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.

Approved by:

Forrest Ebbs, Deputy City Manager
Joseph P. Lopez, City Manager
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Attachments:

1. Resolution

2. Agreement_FINAL_2023-09-05-Townsend

3. Exhibit A – Townsend Public Affairs - City of Modesto Proposal

4. Agreement_FINAL_2023-09-05-VanScoyoc

5. Exhibit A – Van Scoyoc Associates Proposal for City of Modesto

6. Scoring Abstract
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11/07/2023/CMO/FEbbs/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE AWARD OF PROPOSALS AND

AGREEMENTS FOR CONSULTANT SUPPORT WITH STATE ADVOCACY

SERVICES TO TOWNSEND PUBLIC AFFAIRS, NEWPORT BEACH, CA, FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $60,000, AND A TOTAL AMOUNT NOT TO EXCEED $300,000 OVER FIVE YEARS, AND

APPROVING AN AGREEMENT FOR CONSULTANT SUPPORT WITH

FEDERAL ADVOCACY SERVICES TO VAN SCOYOC AND ASSOCIATES, WASHINGTON, DC FOR A TWO (2) YEAR AGREEMENT WITH THREE (3)

ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED
AMOUNT OF $90,000, AND FOR A TOTAL AMOUNT NOT TO EXCEED $450,000 OVER FIVE YEARS; AND AUTHORIZING THE CITY MANAGER

OR HIS DESIGNEE TO EXECUTE THE AGREEMENTS
WHEREAS, local government agencies rely on the expertise of state and federal government consultants to represent their respective government agencies in Sacramento and Washington, D.C., providing critical services such as legislative monitoring and analysis, state budget advocacy, monitoring grant opportunities, and advocacy, and WHEREAS, these state and federal advocacy services provide support in identifying legislation and agency policies that may affect cities and reflect how the proposed policy or legislation may supplement or hinder the progress of an existing initiative or issue. The consultants work with the legislature or corresponding offices to recommend amendments to policies that reflect the City’s interests and priorities, and WHEREAS, the City has maintained agreements with Townsend Public Affairs, Newport Beach, CA, for state advocacy services and with Van Scoyoc and Associates, Washington, DC. for federal advocacy services. These agreements were executed on April 28, 2020, for 2 years with an optional 1-year extension, which was executed in April of 2022, and
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11/07/2023/CMO/FEbbs/Item X 2 2023-XX
WHEREAS, on January 24, 2023, the Council approved a First Amendment, Resolution No. 2023-31, which increased the agreement amount with Townsend Public Affairs for state advocacy services by $35,000, resulting in a new total amount of $215,000, and similarly increased the agreement with Van Scoyoc and Associates for federal advocacy services by $52,500, bringing the total to $322,500, and extended the term of both agreements from April 28, 2023, to November 28, 2023, and WHEREAS, since April 28, 2020, Townsend Public Affairs and Van Scoyoc and Associates have played an instrumental role in helping the City secure $9.9 million in state and federal earmarks, with an additional $3.5 million in pending federal earmarks from Congress, and
WHEREAS, on August 29, 2022, the City Manager authorized the Purchasing Manager to initiate the procurement process for consultants to provide state and federal advocacy services on behalf of the City. Subsequently, on December 21, 2022, the Purchasing Division issued Request for Proposal (RFP) No. 2223-08 for federal and state legislative advocacy services, accessible through the City's PlanetBids public bidding website under various commodity codes, and
WHEREAS, nineteen (19) companies downloaded the RFP document from PlanetBids, with proposals formally opened on February 7, 2023, and of the respondents, three (3) companies submitted proposals, with no local proposals received, and WHEREAS, an evaluation committee comprised of six (6) City staff members, including the Director of Finance, the Director of Utilities, the Assistant Police Chief, a Management Analyst, the Infrastructure Financing Program Supervisor, and the Parks, Planning, & Development Manager, oversaw the RFP process and considered factors #8..
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such as technical expertise, consultant program, legislative strategy, references, and pricing, and
WHEREAS, given their highest ranking in the total evaluation criteria, the evaluation committee recommends the award of the proposal for state legislative advocacy services to Townsend Public Affairs and federal legislative advocacy services to Van Scoyoc and Associates, and
WHEREAS, Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. Townsend Public Affairs and Van Scoyoc and Associates were selected through a formal competitive process, which conforms to the Modesto Municipal Code, 8-3.203.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Award of Proposals and Agreements for consultant support with state advocacy services to Townsend Public Affairs, Newport Beach, CA, for a two (2) year agreement with three (3) one-year extension options, for an annual estimated amount of $60,000, and a total amount not to exceed $300,000 over five years, and approving an Agreement for consultant support with federal advocacy services to Van Scoyoc and Associates, Washington, DC for a two (2) year agreement with three (3) oneyear extension options, for an annual estimated amount of $90,000, and for a total amount not to exceed $450,000 over five years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreements, in a form approved by the City Attorney. #8..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of November, 2023, by _________________, who moved its adoption, which motion being duly seconded by __________________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
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 Townsend Public Affairs, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that it requires support with advocacy services at the state level. . B. Consultant represents that it is qualified, willing and able to provide the services.

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" or "Project". The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that acceptable to City.

2. TERM OF AGREEMENT.

The term of the AGREEMENT shall be for a period of two years, with three oneyear extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: November 29, 2023 through November 28, 2024
Year 2: November 29, 2024 through November 28, 2025
Year 3: November 29, 2025 through November 28, 2026
Year 4: November 29, 2026 through November 28, 2027
Year 5: November 29, 2027 through November 28, 2028
Pricing shall remain firm for the first two years of the AGREEMENT. #8..
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2 Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $300,000 (estimated at $60,000 annually) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
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3 Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. 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, #8..
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4 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.

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. 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 #8..
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5 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 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 pail, 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 #8..
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6 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: Casey Elliott
Address: 925 L Street #1404
Sacramento, CA
Phone: (916)447-4086
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Forrest Ebbs
Phone: (209)577-9149
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the 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. #8..
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7 (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent 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 #8..
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8 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 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 selfinsurance 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.
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9 Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the 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, #8..
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10 refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant 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 #8..
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11 Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, 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.

21. WAIVER.
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12 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.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

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 has caused this agreement to be duly executed.
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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 1 Proposal for
Federal/State Legislative Advocacy
Services
RFP NO. 2223-08
February 7, 2023

EXHIBIT A
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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 1

TABLE OF CONTENTS
Table of Contents....................................................................................................................................... 1 Cover Letter .................................................................................................................................. 2 Form A: RFP Acknowledgement................................................................................................... 3 Form B: Proposer Company Information ...................................................................................... 6 Form C: Pricing Schedule ............................................................................................................. 6 Form D: Proposer Exceptions, Clarifications, Amendments .......................................................10 Form E: Proposer Customer References....................................................................................11 Form F: Financial Interest Disclosure .........................................................................................13 Form G: Proper Company History Statement .............................................................................15 Form H: Proposer Financial Statements.....................................................................................19 Form I: Addenda Acknowledgement...........................................................................................20 Form J: Proposer Warranty Statements .....................................................................................21 Form K: Proposer Experience and Certifications........................................................................22 Form L: Subcontractor List..........................................................................................................49

EXHIBIT A
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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 2 February 7, 2023
Dianne Love, Senior Buyer
City of Modesto
1010 10th Street
Modesto, CA 95353
Dear Ms. Love:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Federal/State Legislative Advocacy Services to the City of Modesto (“City”).

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2.6 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

Please contact us if you have any questions or need additional information. TPA has been honored to represent the City of Modesto as its state advocate since April 2020. We appreciate the opportunity to continue to serve the City, with the option to service Modesto in an expanded capacity.

Thank you again for your interest in our firm and your consideration of this proposal.

Yours truly,

Christopher Townsend
President

EXHIBIT A
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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 3 FORM A: RFP ACKNOWLEDGEMENT

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 4 FORM A: RFP ACKNOWLEDGEMENT

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 5 FORM A: RFP ACKNOWLEDGEMENT

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 6 FORM B: PROPOSER COMPANY INFORMATION

NOT APPLICABLE
137027616

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 7 FORM B: PROPOSER COMPANY INFORMATION

NOT APPLICABLE

EXHIBIT A
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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 8 FORM C: PRICING SCHEDULE
Since the beginning of Townsend Public Affairs’ contract with the City of Modesto, the City and Firm have entered into an agreement of $5,000 monthly for State Advocacy Services. Townsend Public Affairs proposes maintaining this contract amount for $5,000 for State Advocacy Services, with an additional $5,000 for Federal Advocacy Services, bringing the total billable monthly amount to $10,000 for a full-service scope. Should the City wish to choose Townsend Public Affairs for only one of the services requested, the Firm will honor the standalone monthly fees outlined below.

EXHIBIT A
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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 9 FORM C: PRICING SCHEDULE

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 10 FORM D: PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 11 FORM E: PROPOSER CUSTOMER REFERENCES
REFERENCE 1

COMPANY NAME CITY OF LAFAYETTE
ADDRESS 3675 MOUNT DIABLO BOULEVARD, #210
CITY, STATE, ZIP CODE LAFAYETTE, CA 94549

CONTACT PERSON NIROOP SRIVATSA, CITY MANAGER
EMAIL ADDRESS [email protected]
TELEPHONE NUMBER 925-284-1968

TYPE OF BUSINESS OR

GOVERNMENTAL AGENCY CITY
DATE RANGE OF SERVICES APRIL 2019 - PRESENT
ANNUAL CONTRACT VALUE $90,000/YEAR
REFERENCE 2

COMPANY NAME CITY OF SANTA CLARA
ADDRESS 1500 WARBURTON AVENUE
CITY, STATE, ZIP CODE SANTA CLARA, CA 95050

CONTACT PERSON CHRISTINE JUNG, ASSISTANT TO THE EXECUTIVE

DIRECTOR
EMAIL ADDRESS [email protected]
TELEPHONE NUMBER 408-615-2218

TYPE OF BUSINESS OR

GOVERNMENTAL AGENCY CITY
DATE RANGE OF SERVICES FEBRUARY 2020 - PRESENT
ANNUAL CONTRACT VALUE $90,000/YEAR
REFERENCE 3

COMPANY NAME CITY OF TEMECULA
ADDRESS 41000 MAIN STREET
CITY, STATE, ZIP CODE TEMECULA, CA 92590

CONTACT PERSON RANDI JOHL, DIRECTOR OF LEGISLATIVE AFFAIRS EMAIL ADDRESS [email protected]
TELEPHONE NUMBER 951-694-6444

TYPE OF BUSINESS OR

GOVERNMENTAL AGENCY CITY
DATE RANGE OF SERVICES DECEMBER 2019 - PRESENT
ANNUAL CONTRACT VALUE $72,000/YEAR

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 12 FORM E
REFERENCE 4

COMPANY NAME CITY OF BUENA PARK
ADDRESS 6650 BEACH BOULEVARD
CITY, STATE, ZIP CODE BUENA PARK, CA 90621

CONTACT PERSON AARON FRANCE, CITY MANAGER
EMAIL ADDRESS [email protected]
TELEPHONE NUMBER 714-562-3554

TYPE OF BUSINESS OR

GOVERNMENTAL AGENCY CITY
DATE RANGE OF SERVICES JULY 2009 - PRESENT
ANNUAL CONTRACT VALUE $96,900/YEAR
REFERENCE 5

COMPANY NAME TRI-VALLEY CITIES COALITION
ADDRESS 123 MAIN STREET
CITY, STATE, ZIP CODE PLEASANTON, CA 94566

CONTACT PERSON BECKY HOPKINS, ASSISTANT TO THE CITY

MANAGER, CITY OF PLEASANTON
EMAIL ADDRESS [email protected]
TELEPHONE NUMBER 925-931-5009

TYPE OF BUSINESS OR

GOVERNMENTAL AGENCY CITY
DATE RANGE OF SERVICES OCTOBER 2017 - PRESENT
ANNUAL CONTRACT VALUE $150,000/YEAR

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 13 FORM F: FINANCIAL INTEREST DISCLOSURE

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 14 FORM F: FINANCIAL INTEREST DISCLOSURE

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 15 FORM G: PROPOSER COMPANY HISTORY STATEMENT

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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 16 FORM G: PROPOSER COMPANY HISTORY STATEMENT

COMPANY HISTORY STATEMENT
TPA has raised the bar amongst advocacy firms with a California focus. TPA has four offices strategically located across the state, as well as an office in Washington, DC steps from the Capitol. Our active presence in Sacramento and Washington, DC, positions TPA perfectly to achieve results which other firms simply cannot. Since its founding in 1998, TPA has provided customized legislative and funding advocacy for 250 public agencies throughout the State of California. As the City’s incumbent state advocacy firm, TPA has helped secure over $5 million in direct funding, advocated for the allocation of additional resources to the City, as well as advanced the City’s priority policy positions. The menu of services TPA provides for cities of all sizes includes, but is not limited to, state and federal legislative advocacy, funding advocacy, regulatory assistance, and policy consultation. TPA’s proven advocacy methods have generated significant legislative and funding victories on behalf of our clients.

TPA brings a customized and focused customer service from senior project managers based in Sacramento and Washington, DC, led by dedicated state and federal advocates located just steps away from key decision makers, and active participation by the Founder and President of TPA to develop strategy, engage top-level relationships, and ensure high-quality customer service. TPA’s team of 15 registered state and federal lobbyists are adept at executing client visions and the City will have the ability to employ the entire team’s experience, expertise, and policy knowledge in order to execute its legislative agenda. TPA understands that the City’s economic development, housing, environment, transportation and infrastructure, public safety, and healthcare goals are paramount to its community and therefore, require the implementation of innovative, effective, and consistent advocacy strategies to achieve.

TPA has enjoyed tremendous success including, but not limited to:

Relationships: TPA has cultivated and maintains an extensive network of powerful and longstanding relationships which will be leveraged to meet the City’s needs. With extensive experience in California politics, the TPA team has the know-how to strategically support and advise the City on policy strategy and funding advocacy, as well as the ability to execute the strategies to achieve results. On the State legislative front, TPA maintains longstanding relationships with Legislative leaders, Budget Chairs, and the Governor’s office, including members of the City’s legislative delegation. This also extends to State Agency leaders and staff – many of which are in the process of handling and disseminating competitive grant dollars from the massive spending packages enacted at both the State and Federal levels.

• Additionally, TPA works directly with top executives in the President’s Administration, Senators Feinstein and Padilla, as well as California’s Congressional Delegation, including Representative Eshoo. Additionally, TPA works with members of key Congressional Committees including Senate and House Appropriations Committees, House Natural Resources Committee, House Transportation and Infrastructure Committee, Senate Banking, Housing, and Urban Affairs Committee, Senate Environment and Public Works Committee, and their respective staff.

EXHIBIT A
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Proposal for Federal/State Legislative Advocacy Services | City of Modesto Page 17 FORM G: PROPOSER COMPANY HISTORY STATEMENT
• Legislation: Through years of hard work and a focus on customer service, TPA has built a strong reputation in Sacramento and Washington, DC as effective legislative advocates on behalf of local public agencies and nonprofit organizations. TPA works hand-in-hand with clients to develop and promote new legislative proposals that advance priorities and solve issues facing clients. TPA will monitor, analyze and prioritize legislation, as well as develop a legislative strategy that is specifically tailored to the City and its members. TPA has been successful with shepherding dozens of client-sponsored pieces of legislation into law under different administrations including: Presidents Clinton, Bush, Obama, Trump, and Biden, as well as with the Gubernatorial Administrations including Gray, Schwarzenegger, Brown, and Newsom. Additionally, TPA protects clients against harmful legislation by working to defeat bills or crafting solutions to fix errant proposals.
• Funding: Since 1998, TPA has secured over $2.6 billion in public funding for client projects in the areas of water and wastewater, transportation, housing and development, parks and recreation, public safety, education, and cultural resources. TPA works with its clients through every step of the funding process, starting as early as the creation of relevant funding opportunities through legislative, budget and bond proposals. TPA then works to influence any legislative and regulatory processes in place to distribute and award funds. In partnership with clients, TPA assists with the development of grant applications and shepherds them through the agency review process, advocating aggressively to get applications funded.
• Attention to Detail: The TPA team works with clients to craft and execute an agenda focused on implementing legislative and funding solutions for legacy projects at all levels of government. The firm is made up of team members with their own areas of expertise, who will collaborate and work together to achieve ultimate results. This means the City will have a dedicated Project Manager, as well as the benefit of having a variety of subject experts at its disposal who are at the top of their field to tackle projects and issues of the City. As an extension of your staff, TPA will organize advocacy trips to Washington, DC and Sacramento to engage first-hand on priority issues. These efforts, combined with tactical and consistent follow-up, would undoubtedly lead to the notable achievements for the City. TPA’s Washington, DC, office is strategically located on Capitol Hill, within a short walk to the House and Senate Office Buildings. Additionally, TPA’s Sacramento office is located just steps away from the State Capitol Building. TPA advocates work hard to ensure client advocacy trips are seamless – from arrival to departure.

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FIRM OVERVIEW
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 100 client-sponsored legislative proposals into law • Funding Success: Over $2.6 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 25 years (founded in 1998)
• Number of Employees: 18
• Number of Registered State and Federal Lobbyists and Grant Writers: 15 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K-12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 6th of 486 Firms Registered for 2021-22 Legislative Session o 99th Percentile
• More California public agencies have retained TPA to represent them in Washington, DC than any other advocacy firm.

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PROPOSER EXPERIENCE
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. As the incumbent state lobbyist for the City of Modesto, TPA has been successful in:
• Advancing and securing state budget earmark requests and competitive grant funding: These achievements were made possible through continuous advocacy with the City’s legislative delegation, state budget committee leadership, and agency relationships. These funding successes highlight the numerous avenues TPA advocates use to secure funding for clients. This includes the successful inclusion of a $5 million state budget earmark in the 2021 budget for county island infrastructure. TPA also advocated for additional funding to the City in response to the COVID-19 pandemic. • Elevating the City’s profile in Sacramento: through consistent legislative engagement on behalf of the City’s priority issues, including testifying before legislative policy committees, meeting with Legislative Leaders to discuss the City’s priorities, submitting written testimony expressing legislative positions and funding needs, and maintaining an overall presence in the state Capitol sphere. Throughout the course of TPA’s service to Modesto’s state advocacy agenda, TPA has engaged with over 50 pieces of legislation that would impact the City and its values.
• Providing strategic legislative consulting services: This has resulted in a robust legislative platform and tailoring of bill engagement. The state Legislature has been receptive to the City’s legislative strategy, resulting in many positive bill amendments. • Strategic Communication and Assistance: Throughout the course of the COVID-19 pandemic, TPA advocates worked closely alongside City staff to ensure that the City received the maximum level of COVID-19 federal and state funding, as well as shared information on numerous programs intended to aid those impacted by COVID-19. These actions included daily updates on the status of the pandemic, its impact on intergovernmental response systems, and avenues to secure direct relief.

In addition to State lobbying services, TPA advocates specialize in federal lobbying services and grant consulting services.

Federal Advocacy Services: TPA brings a customized and focused customer service from senior project managers based in Washington, DC, led by dedicated federal advocates located just steps away from the nation’s Capital building, and active participation by the Founder and President of TPA to develop strategy, engage top-level relationships, and personally ensure highquality customer service. TPA federal advocates are adept at executing client visions at the federal level. These services include:
• On the ground advocacy in Washington, DC: This takes the form of daily outreach to contacts on Capitol Hill and the Administration as well as advocacy visits to relevant policymakers in Washington, DC.
• Federal Appropriations Requests: TPA understands how to work with clients to identify competitive projects for consideration by federal elected leaders. TPA advocates will develop and submit earmark applications on client’s behalf and will work to gather

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supportive documents from relevant stakeholders to ensure applications stand out among the rest.
• Law Navigation: Recently enacted massive spending measures at the federal level contain a number of hard to navigate spending programs that may be of use to the City’s strategic funding priorities. TPA federal advocates are policy experts on all things federal legislation. As a result, the TPA federal team has provided strategic guidance to local government clients on measures such as the Bipartisan Infrastructure Law, the Build Back Better Act, the American Rescue Plan Act, and more. This ensures all clients are kept abreast of each phase of funding dissemination.

Grant Funding Services: The TPA team oversees a host of local, state, and federal grant opportunities and strategizes with the TPA project management team and clients to identify funding needs, eligible grant programs, and then work with Department officials to understand best practices to ensure grant application success. TPA grant experts diligently work to implement quality control measures on grant language and work as an extension of client to seamlessly submit applications and report on all grant activity relevant to client interests. These efforts have resulted in over $2.6 billion in successful grant achievements on behalf of the firm’s clients.

These services include:
• Constant Communication and Updates on Relevant Programs: TPA grant writing specialists utilize list-serve subscription programs, funding workshops, agency canvassing, networking with agency officials, and other networking tactics to ensure every potential funding opportunity is identified and reviewed for relevance with client projects.

TPA grant writers then work with clients to determine competitiveness and eligibility. • Grant Application Advocacy: Once a grant application is submitted, advocacy efforts continue until a final decision is reached. This support includes strategic assistance, such as letters of support from elected officials and key stakeholders, as well as other support materials to make the application as compelling and competitive as possible. TPA grant writing specialists continue to leverage relationships with relevant officials in various local, state, and federal funding agencies to ensure that client grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and wellpositioned for funding.

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LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Description
Local Governance
Local Control and Finance
• Public Facilities and Finance
• Public Employee Programs
• Contractual Assessment Programs
• Infrastructure Financing Opportunities
Public Employee Benefits
• PEPRA Compliance
• JPA Benefits
• Medical Benefits Vesting
Cannabis • Drafting Local and State Cannabis Regulations • Local Control
Transportation
Local Streets and Roads • State Highway Relinquishments • Local Venue Signage on State Highways
State Highway System • State Bond Funding for Highway Projects • Expansion of Toll Lanes/Toll Roads
Water and Sanitation
Water Quality
• Drinking Water Public Health Regulations
• Groundwater Pollution Liability
• Groundwater Management Plans
• Direct/Indirect Potable Reuse
Water Infrastructure
• State Bond Funding for Water Projects
• Local Reliability Projects
• Water Conservation Programs
Sanitation Infrastructure • Integrated Regional Watershed Projects • Advanced Water Treatment Facilities
Housing and
Community Development
Affordable Housing • Developing Funding for Affordable Housing • Expanding Affordable Housing Eligibility
Economic Development
• Capital Investment Incentive Program Expansion
• Enterprise Zone Program Regulations
• Military Base Re-Use Land Planning
Redevelopment
• Agency Dissolution Process
• Developing Post-RDA Funding Sources
• State Liability Reduction
Recreation and Natural
Resources
Park Facilities
• Joint-Use Projects with Schools Districts
• State Bond Funding for Local Park Projects
(Propositions 11, 68, and 84)
Greenhouse Gas Reduction • TOD Housing to Support Cap and Trade Objectives • Increase Transit Accessibility for Active Transportation Cultural and Historical
Resources Cultural Facilities • CA Cultural and Historical Endowment • CA Nature Education Facilities Program
Public Safety
Public Health
• Air Pollution Reduction Methods
• Treatment of the Remains of a Deceased
• Veteran Resources
Crime Reduction • Sex Trafficking Control
• Gun Control
Local Law Enforcement
• Increasing Local Police Presence/COPS
• Police Body Cameras
• Regional Public Safety Task Force Initiatives
Education
Community College Districts
• Veterans Resources
• Alternative Energy Job Training
• ADA Reform
K-12 School Districts • K-12 Safety Planning Programs
• Joint Use Projects with Civic Agencies
School Facilities
• Charter School Facilities Funding
• Community College Facilities Funding
• K-12 School District Facilities Funding

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LEGISLATIVE ADVOCACY FOR MODESTO
Through harnessing the dedication of the City leadership and staff, TPA has been able to elevate the City’s profile in Sacramento through consistent engagement on legislation. In many instances, the City of Modesto served as a key source of input from the local government perspective and successfully advocated for the inclusion of substantive amendments to bills. TPA’s advocacy efforts on behalf of the City’s legislative priorities include the following:

Extensive Communication and Understanding of City Nuance: Throughout the two years of working with the City of Modesto, TPA has been able to understand the perspective of the Central Valley region at a deep and intricate level. Through constant communication and thoughtful engagement with the City, and through collaboration with small local businesses, transit operators, and other local and regional stakeholders that make-up the Modesto economy and community, TPA has developed an unparalleled understanding of, and connection to, the city of Modesto. Because of this unique understanding of the region, TPA is able to quickly identify and understand the nuances of legislation impacting the City and its individual members, particularly in the areas of homelessness, housing and land use, public safety, affordable housing, transportation, economic development, mental health, and fiscal sustainability.

An understanding of the City’s nuances is critical when reading, evaluating, and sorting through over 2,000 state bills that are introduced every year, to maximize the time and impact that the City can have on relevant legislation. TPA is then able to leverage this knowledge base, and our broad network of relationships, to create policy changes that benefit the City of Modesto. In addition to the legislative efforts, TPA has worked to keep the City updated on various funding opportunities, including opportunities within the state budget and federal appropriations processes. TPA has worked with the City to develop or pushforward budget funding proposals to support affordable housing, respond to the impacts from the coronavirus pandemic, as well as to support City specific funding requests. TPA has also provided the City with information on the unique budget earmark process, timing, and outside dynamics impacting the overall budget.

Becoming a Key Local Government Stakeholder in Legislative Negotiations: Oftentimes, bills are introduced or amended with little notice and have the potential to greatly impact local government functions. Due to the proactive engagement of TPA and constant communications with legislators and staff, TPA was able to position the City as a key local government stakeholder in numerous conversations wherein a bill would have imposed onerous restrictions or requirements on top of the existing requirements of local governments.

Throughout the last few legislative sessions, the Legislature has been keenly focused on addressing issues like the housing crisis through means that would usurp local land use discretion. An excellent example of TPA’s success in developing strong working relationships with key Legislators and becoming a key stakeholder in legislative discussions includes TPA, on behalf of the City of Modesto, being invited to partner with the Senate Pro Tem’s Office and a select group of State Senators to provide input and feedback on a number of high-profile housing bills.

In being a trusted thought-partner to the Legislature, TPA, on behalf of the City, has been able to shape a number of bills in a substantial way.

Proactive Engagement: Over the course of TPA’s partnership with the City of Modesto, there have been a number of significant legislative successes. TPA has worked closely with the City’s leadership to develop, fine tune, and implement a Legislative Framework to guide advocacy efforts. This work led the City to adopt positions and take action on a strategic, and tailored

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number of bills over the past eight years. TPA has led the advocacy efforts to work on legislation, as directed through these agreed upon City bill positions. These advocacy efforts include working with City staff to craft letters articulating the City’s positions, communicating the positions to the appropriate legislators and committees, drafting substantive bill language, testifying on behalf of the City at committee hearings, and conducting formal meetings with legislators and staff to advocate on behalf of the City’s positions. These efforts have resulted in numerous bills the City has supported becoming law, many bills that the City opposed stalling in the Legislature, and successfully amending many bills with language and suggestions provided by the City. With regard to bill amendments, TPA has been successful in securing amendments on behalf of the City to remove costly mandates on municipalities, include opt-out provisions and sunset provisions to unfavorable bills, include conditions to developments that ensure community character and quality of life is preserved, and more.

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EXAMPLES OF FEDERAL LEGISLATIVE SUCCESSES
TPA has sponsored, drafted, amended, and shepherded numerous local government proposals and priority projects into law:

Issue Area TPA Advocacy
Buy American Waivers
TPA advocacy efforts resulted in ten partial Buy America waivers for the Merced County Association of Governments. These waivers allowed five cities in Merced County to purchase ten pollutionreducing vehicles. Without the waivers, MCAG would have been prevented from using Federal dollars to make the purchases as the Federal Highway Administration’s Buy America requirement mandates that all steel and iron used in government projects be manufactured domestically. TPA coordinated a coalition of Congressional members from the San Joaquin Valley including Representatives Jim Costa, Devin Nunes, David Valadao, Tom McClintock, Jeff Denham, and Kevin McCarthy who issued
delegation letter to the Secretary of Transportation advocating for the waivers.

Bipartisan Infrastructure
Law Navigation
The recently-enacted Bipartisan Infrastructure Law presents numerous new and expanded opportunities for federal funding and engagement. During implementation of the new law, TPA has connected local government clients with the relevant policymakers at the federal agencies charged with crafting the funding mechanisms required by the law. For example, TPA has assisted numerous local government clients to connect them with
implementation staff at the U.S. Department of Commerce National Telecommunications and Information Administration (NTIA).

Through this connection, these cities have been heavily involved in the implementation process of the approximately $65 billion in broadband funding provided by the new law. NTIA staff have sought out their advice on connecting diverse communities to broadband internet. TPA clients been invited to participate in issue-specific roundtables with NTIA and the Department of Education technology office.

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Public Safety
TPA leveraged relationships with the US Department of Homeland Security and Federal Emergency Management Agency to secure additional time and keep funding in place for the City of Oakland’s Federal American Recovery and Reinvestment Act (ARRA)-
Domain Awareness Center (DAC) award of $2.9 million. The City needed more time to advance the project and through TPA efforts, an extension was secured and the City did not have to return their original funding.

TPA was heavily engaged in the Task Force on 21st Century Policing forum to represent the City of Oakland. The forum was focused on building trust within the City. This initiative was later incorporated into the COPS programmatic funding and additional DOJ funding opportunities.

TPA helped coordinate a meetings with the strategic liaison between local law enforcement and the US Department of Justice (DOJ) for the Violence Reduction efforts. This resulted in local law enforcement officials receiving federal public safety training and technical assistance.

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RECENT FEDERAL FUNDING ACHIEVEMENTS
FY 2023 FEDERAL APPROPRIATIONS EARMARKS
This table provides an overview of the appropriations earmarks that TPA secured on behalf of our clients in the Federal Appropriations legislation for FY 2023. TPA strategized with our clients to identify priority projects and transform them into appropriations requests. TPA then worked closely and diligently with Members of Congress and the U.S. Senate (and their staff), the appropriations committees, the President’s administration, and other key stakeholders to ensure our client projects were included in the final appropriations legislation.

Client Project Amount Awarded
City of Avalon Pebbly Beach Road $2,000,000
Affordable Community
Living Veteran Housing Project $1,000,000
City of Berkeley Martin Luther King Junior Youth Services Center Renovation $750,000
City of Del Mar Shoreline Access Improvement Project $750,000 Discovery Cube Los
Angeles Community Pavilion and Gardens $2,000,000
Discovery Cube Orange
County
Santiago Creek Festival Grounds Sustainability
Park $2,000,000
City of Dinuba Well 21 $1,500,000
City of Emeryville Intergenerational Affordable Housing Project on San Pablo Avenue $500,000
City of Gardena Rosecrans Community Center $1,000,000
Guadalupe Union School
District Early Childhood Education Center $2,000,000
City of Half Moon Bay Highway 1/ Frenchman Creek Intersection and Bike/Ped Improvements $2,000,000
City of Hesperia Cedar Street $2,000,000
City of Lafayette School Street Safe Routes to Schools $3,100,000 Merced County
Association of
Governments
YARTS Fleet Replacement Project $3,680,000
City of Murrieta Keller Ave Interchange $2,600,000
North Orange County
Public Safety
Collaborative
Collaborative Funding $5,000,000
City of Oakland Coliseum Place Affordable Housing Project $750,000 City of Oakland Procedural Justice/Community Police Trust $646,000

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TOTAL FEDERAL APPROPRIATIONS EARMARKS
FOR FY 2022 and FY 2023:
$119,390,451
City of Oakland Lincoln Center Resilience Hub $2,000,000 Orange County Housing
Finance Trust
Funding to Support Permanent Supportive and
Low-Income Housing $3,000,000
City of Ontario Active Seniors on the Go $439,094
City of Pleasanton PFAS Treatment and Well Rehabilitation Project $2,000,000 City of Palmdale Ave. M Grade Separation Project $2,000,000 City of Palmdale Ave. M Grade Separation Project $1,500,000 City of Parlier Police Station Rehabilitation and Improvements $875,000 Rancho Santiago
Community College
District
Workforce Development Pathways Targeting
Dislocated and At-Risk Populations $2,000,000
City of Santa Clara Fire Station Microgrid Project $500,000 City of Santa Clara Anna Drive Neighborhood Flood Protection Project $3,000,000 City of South El Monte Merced Avenue Greenway Project $3,000,000 Sunline Transit Agency Fueling Infrastructure Expansion $2,500,000 City of Tulare Water Delivery System $500,000
City of Tulare Emergency Homeless Shelter $1,500,000
Yorba Linda Water
District Green Crest Lift Station $300,000
Yosemite Community
College District
Modesto Junior College Regional Fire Training
Facility Apparatuses and Props $2,000,000
TOTAL FY 2023 FEDERAL APPROPRIATIONS EARMARKS $60,390,094

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PROFESSIONALS:

TPA uses a strategic and comprehensive approach to federal and state legislative advocacy that will be tailored to meet the specific needs of the City. In order to maximize legislative and funding success for the City, TPA’s dedicated team of 15 advocates will utilize a collaborative and strategic approach and leverage an expansive collection of relationships in the State Legislature, the Governor’s Administration, and state agencies as well as with Congressional members and staff, the Biden Administration, and various federal agencies.

The project managers, Vice President Casey Elliott and Federal Advocacy Manger Ben Goldeen, will oversee the proposed team to ensure the work for City is completed and the City’s legislative priorities and goals have the highest likelihood of success. Grants Manager Alex Gibbs, Senior Associate Joseph Melo, Associate Sammi Maciel, and Associate Carly Shelby will provide support to Casey and Ben and work directly on the City’s federal legislative platform and priority projects.

This team will work in collaboration with the rest of TPA to leverage relationships, identify key legislative opportunities, and ensure all funding opportunities are identified.

The proposed team will also be supported by an additional eight TPA advocates. TPA President Christopher Townsend will personally engage in the City’s advocacy plan to adjust internal workloads in order to ensure quality control of all deliverables. This comprehensive approach will maximize success for the City while minimizing burden on City staff. TPA is prepared to draft all legislative and funding materials. TPA will rely on City staff to provide technical project information, budget details, and project timeline information as appropriate. TPA proposes a team of seven people to perform federal and state legislative advocacy services for the City.

Christopher Townsend
President
Role: Managing Principal/Senior
Strategic Advisor
Casey Elliott
Vice President
Role: Project CoManager/Legislative Advocate
Ben Goldeen
Federal Advocacy Manager
Role: Project CoManager/Legislative Advocate
Alex Gibbs
Grants Manager
Role: Funding Advocate
Joseph Melo
Senior Associate
Role: Legislative Advocate
Sammi Maciel
Associate
Role: Legislative Advocate
Carly Shelby
Associate
Role: Legislative Advocate
Resumes for each member of the proposed project team can be found on the following pages.

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Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 250 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations.

Townsend Public Affairs, Inc.

President 1998-Present
Christopher provides leadership to a team of 15 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include:
• Under Christopher’s leadership, TPA has become one of the most successful advocacy firms in California (and is continually recognized as a “top ten” firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm.
• Under Christopher’s leadership, TPA has shepherded over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: President Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom.
• Christopher and his team have secured over $2.6 billion in local, regional, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natural resources, historical and cultural resources, and public safety.
• Maintains close bi-partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Torres, Lowenthal, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, DeSaulnier, Sanchez, Lieu, Harder, Calvert, Garcia, Steel, and Kim. • Christopher and TPA have participated in the development and implementation of several California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural resources, including Propositions 1, 1B, 1C, 1D, 1E, 12, 13, 14, 40, 47, 50, 55, 68 and 84.

Most recently, Christopher worked closely with the State Legislature and the Governor’s office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68.

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• In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve on the Speaker’s Commission on State and Local Government Finance. • In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on the California Film Commission.

PepsiCo/Taco Bell Corp., Irvine, CA
Senior Director, Government & Community Affairs 1992-1998 Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation.

Stein-Brief Group, Inc., Dana Point, CA
Vice President, Public Affairs 1982-1992
Christopher directed government, community, and media relations at the level, state, and federal levels, including the management of all political, civic, charitable, and cultural activities.

Christopher provided land-use planning and entitlement process analysis for domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use.

Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives.

JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991
Claremont McKenna College, Claremont, CA
Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982 Coro Fellow
Southern California 1981
Harry S Truman Scholar
California 1980

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Casey Elliott, Vice President: Casey brings 23 years of legislative and public policy experience to TPA. Casey develops and implements legislative strategies for local public agency clients throughout California.

Casey maintains relationships with key members and staff of the State Legislature, the Administration, and select state agencies. Casey has expertise in the policy sectors of municipal finance, budget, redevelopment, education, local governance, water resources, parks and recreation, and cultural resources.

Townsend Public Affairs, Inc.

Vice President 2006-Present
As Vice President, Casey oversees a team of 15 TPA lobbyists registered with the California Secretary of State. Casey provides timely expert analysis of legislative and budget proposals introduced each legislative session for their potential effect on TPA clients. Some of Casey’s accomplishments include:
• Working with the City of Oakland and the City of Santa Ana, Casey helped advance legislation and state budget requests to secure funding for California’s largest cities to help address issues surrounding homelessness. These efforts culminated in the creation of the Homeless Emergency Aid Program (HEAP). Approved as part of the 2018 state budget, HEAP provided a $500 million block grant program designed to provide direct assistance to cities and counties to address the homelessness crisis. HEAP contained a specific pot of funding for large cities, including a combined $12.3 million for Oakland and Santa Ana.

Building on the success of the HEAP program, in 2019 the State Budget created the Homeless Housing, Assistance and Prevention (HHAP) Grant Program, a $650 million grant that provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges.

The HHAP program maintained dedicated funding for California’s largest cities, including a combined $28.1 million for the cities of Oakland and Santa Ana. • Casey worked closely with the City of Lafayette to establish a small business assistance program to help local businesses and non-profits lessen the economic impacts from the coronavirus. Casey was able to work with the City to promote the program, work directly with program participants to connect them with available state and federal resources, and work with businesses to secure funding. Ultimately, the small business assistance program worked with nearly 100 small businesses, which employed nearly 400 workers, and were able to secure over $1.5 million in direct funding for the businesses. • Through his work with the Department of Finance, the Legislature, and the Office of the Governor, Casey has been able to lessen the impact of RDA dissolution on TPA clients.

Specific outcomes include: having over $35 million in projects in Santa Ana, Lafayette, Brea, and Hayward recognized as enforceable obligations; facilitating accelerated transfer of former RDA assets in Buena Park to allow for new development; and the passage of legislation to allow expenditure of certain development agency bond proceeds. • Casey helped the Newhall County Water District co-sponsor SB 634 (Wilk) which established a new water district to serve as the primary water wholesaler and retailer for

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the Santa Clarita Valley. Casey coordinated efforts with the other impacted water agencies and stakeholders to develop a coalition of local support for the legislation. The legislation, which contained the enabling act for the new district as well as provisions that allowed for a modified LAFCO process, was approved by the Legislature and signed into law by Governor Brown.
• Casey helped the Rancho Santiago Community College District and Coast Community College District secure over $68 million in funding through the State Budget for three capital outlay facilities projects. Casey worked with the districts’ legislative delegation, budget committee staff, and the Community College Chancellor’s Office to advocate for the priority budget items, including having the projects recommended for funding by the Board of Governors of the California Community Colleges. The funding for these three projects will allow for the design and construction of three new buildings that will provide state of the art learning environments for community college students in Orange County.

Assemblyman Tom Umberg
Legislative Assistant 2006
Casey managed legislation for the Member, including education, workers’ compensation, and school facilities measures. Casey staffed the Member on the Assembly Education committee. He also worked closely with legislative staff, committee consultants, state agencies, and interested parties on legislation. In addition, he advised the Member and Chief of Staff on pending legislation.

Secretary of State
Legislative Coordinator 2005-2006
Casey briefed the Secretary of State and senior staff members on legislation affecting the agency.

Casey worked with Division Chiefs, senior staff members, and the Secretary of State to develop legislative positions for the agency. Casey also worked with Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. In addition, he researched and drafted legislative proposals for the agency.

Secretary of State
Legislative Analyst 2003-2005
Casey assisted in the research and development of legislation. In addition, Casey worked closely with the State Legislature, Governor’s Office staff, committee consultants, Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. Some of Casey’s special projects included staffing various taskforces, assisting in the development of spending plans for legislatively mandated programs, and election-night support.

Office of the Governor
Senior Legislative Assistant 2000-2003
Casey chaptered all bills that the Governor signed and he processed all vetoed measures. Casey worked closely with the Secretary of State, Chief Clerk of the Assembly, and the Secretary of the Senate throughout the bill chaptering process. Casey also supervised a staff of 10 personnel during the creation and assembly of up to 1500 bill files presented to the Governor.

University of California, Davis
Bachelor of Arts, Political Science 2000

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Ben Goldeen, Federal Advocacy Manager: Ben is a native of Modesto and brings 12 years of federal legislative, funding, and public policy experience. Ben has experience managing legislative activity, including bill analysis, research, and drafting particularly for federal funding opportunities. Ben has expertise in several policy sectors including water resources, healthcare, housing, environmental hazards, agriculture, foreign affairs, and resources for veterans.

Townsend Public Affairs, Inc.

Federal Advocacy Manager 2021-Present
Since joining TPA, Ben keeps clients informed of significant actions and pertinent developments in the federal government and strategizes on ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Ben’s accomplishments include:
• Through the FY 2023 federal appropriations process, Ben worked with the City of Palmdale to secure two federal earmarks totaling $3.5 million for the City’s transportation and infrastructure priorities. Ben helped develop and submit a compelling request and utilized strategic advocacy to ensure the City’s funding success. • Ben helped secure $439,094 in FY 2023 federal community project funding for the City of Ontario’s Active Seniors On the Go Program. The program will provide seniors access to recreational activities that foster health and well-being. • Ben’s nearly seven years working for members of California’s Congressional Delegation has led to an extensive network of relationships both on Capitol Hill and within federal agencies. His understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the House and Senate are important to successfully advocating for California-based clients. • Ben has first-hand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre-2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Ben has utilized his experience to successfully assist clients secure millions of dollars’ worth of earmarks.
• Ben has identified new and previously-underutilized federal grants for the benefit of TPA clients. He has leveraged his relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzz words required for successful grant applications. Ben then leverages that information to help TPA federal clients develop and submit more competitive federal grant applications and then provide more effective tailored advocacy to secure funding awards.
• Ben leveraged his extensive policy knowledge and utilized key relationships in the President’s Administration and Congress to authorize over $40 million for TPA clients through the 2022 Water Resources Development Act (WRDA). The funding will help TPA clients invest in water resources and build more resilient communities. • Ben helped secure the authorization of $30 million for California Maritime Centers of Excellence through the 2022 National Defense Authorization Act (NDAA).

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US House of Representatives, Office of Rep. Jim Costa (CA-16) Legislative Director, Senior Policy Advisor, Legislative Assistant 2016-2021 As Legislative Director Ben developed and implemented a diverse legislative strategy ranging from transportation projects to health care, water resources, agriculture, nutrition and more. Ben updated and advised the Congressman on the latest happenings in Congress and the Administration in order to successfully advance priorities. Ben directly managed a portfolio of water resources, agriculture, trade, federal budgeting, and appropriations while overseeing the entire legislative program. Prior to serving as Legislative Director Ben served as Senior Policy Advisor and Legislative Assistant, demonstrating expertise in housing, veterans’ affairs, financial services, health care, foreign affairs, intelligence, defense, and labor issues.

Maryland State Senate, Prince George’s County Senate Delegation Legislative Director 2016
Ben managed the legislative priorities of the County’s Senate delegation, successfully steering to passage dozens of bills related to local matters.

US House of Representatives, Office of Rep. Dennis Cardoza (CA-18) Legislative and Press Assistant, Legislative Correspondent, Staff Assistant 2010-2013 Ben advised the Congressman on a diverse range of legislative issues. In addition Ben composed, documented, and tracked office correspondence, drafted memoranda, reports, and other informational documents for Representative Cardoza and senior staff that informed legislative positions. Ben coordinated with California government, local governments, community leaders, and industry experts to address constituent problems. Ben also received and documented messages, queries, and complaints from constituents, and categorized and assigned responses to constituent mail.

Boston College
Bachelor of Arts, Political Science and Latin American Studies 2010 University of Pennsylvania
Certificate in Community Development and Growth 2015

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Alex Gibbs, Grant Manager: Alex brings 11 years of public policy and legislative advocacy experience to TPA. Alex has four years of experience working for the State Legislature analyzing researching, writing, and shepherding bills through the legislative process. Alex has also secured significant grant funding for clients throughout California. Alex has expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations.

Townsend Public Affairs, Inc.

Grants Manager 2014-Present
During his tenure at TPA, Alex has been responsible for securing millions in competitive grant funds at the private, state, and federal levels for local public agency clients. In addition to his expertise on parks and recreation, transportation, and public safety, Alex has a strong network of relationships with State Legislators and key staff, as well as various state departments and agencies. Some of his accomplishments include:
• Alex worked with the City of San Leandro staff to secure $4,540,922 in grant funding from the Building Forward Library Infrastructure Program administered by the California State Library to upgrade multiple libraries throughout the City. Alex tailored the grant application’s message and narrative, as well as worked with City Staff to create a project budget and timeline that would ensure competitiveness. Alex also utilized advocacy strategies that leveraged the City’s strengths during the grant review process to ensure project success.
• Alex worked closely with the City of Oakland staff to secure $10,801,183 in grant funding from the Clean CA Local Grant Program. Alex leveraged relationships with the California Department of Transportation and the City’s legislative delegation to successfully advocate for two funded projects. This funding helped the City of Oakland conduct the Courtland Creek Restoration Project, as well as the Oakland Mini Parks Beautification Project, both of which provided significant remediation and beautification of public resources for local residents.
• Alex led a team of Kern County staff through the application process to secure $6,515,000 in grant funding from the Prop 68 Statewide Parks Program (Round 4). This funded the South Kern Lamont Park Project which provided much needed renovations to an existing park in the community of Lamont, despite grant program guidelines which provided preferences for the construction of new parks.
• Alex collaborated with state Natural Resources Agency staff to secure a $3,086,000 Urban Greening Grant for the Desert Recreation District. This funded the construction of a new park and sports complex in unincorporated Riverside County. Alex then continued to work with the District on grant administration, ensuring the client was able to see the completion of their legacy project, that had been years in the making. • Alex worked jointly with the City of South San Francisco to secure a $868,000 grant from the Active Transportation Program (ATP). Alex leveraged relationships with the California Department of Transportation and coordinated among local business stakeholders and school officials to craft a competitive grant application to the statewide ATP. This funding

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helped the City with their Linden and Spruce Avenue Traffic Calming Improvement Project to construct major traffic calming improvements to ensure bike and pedestrian safety at crucial intersections to residential and commercial neighborhoods. • Alex collaborated with state and federal Land and Water Conservation Fund staff to secure a $750,000 grant for the City of Imperial. This funded the construction of a 300 plus acre regional park and equestrian center. Alex then continued to work with the City on grant administration, ensuring the client was given the appropriate time to meet deadlines and retain their funding.
• Alex worked in concert with the City of South San Francisco to secure a $658,000 grant from the San Mateo County Transportation Authority’s Measure A Pedestrian and Bicycle Program. Alex leveraged relationships with stakeholders in the County to ensure that the City received the funding needed for their Sunshine Gardens Project, including major traffic-calming improvements on streets frequented by students walking and riding bicycles.
• Alex worked closely with City of Novato staff to secure a $220,500 grant from the Food Waste Recovery program at CalRecycle. This funded a local food waste recovery effort in Marin County that allowed the City of Novato to partner with local non-profits and ensure that good food, that otherwise would go to waste, reached food banks and vulnerable residents.
• Alex has developed broad expertise with respect to public safety policy and funding. In conjunction with local stakeholders, Alex has worked successfully on a variety of public safety issues that affect local public agencies in California, including the fight against the trafficking and exploitation of minors, as well as the protection of local control regarding the manufacturing of medicinal cannabis products.

California State Senate
Legislative Aide 2012-2014
Alex worked as a member of the Eighth Senate District’s legislative team representing San Francisco and San Mateo Counties. Alex’s primary responsibilities included monitoring, reviewing, and making recommendations on legislation passing through the Senator’s committee’s as well as bills of interest to the District. Alex annually carried a bill package through the legislative process and assisted with problem bills that required more support. Alex consistently had one of the highest numbers of bills signed into law of any senate staffer.

University of San Francisco, CA
Bachelor of Arts, Politics 2011

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Joseph Melo, Senior Associate: Joseph brings eight years of federal legislative, funding, and public policy experience. Joseph has extensive experience managing legislative and funding activity, including bill analysis, research, and drafting, particularly for federal funding opportunities. Joseph has expertise in several policy areas including energy and commerce, technology, education, housing, foreign affairs, and local government governance.

Townsend Public Affairs, Inc.

Senior Associate 2023-Present
As a Senior Associate, Joseph is skilled in leveraging his extensive policy knowledge and relationships at both the state and federal levels to advocate for TPA clients and ensure legislative and funding success. Some of Joseph’s experience includes:
• Joseph’s six years of experience working for two California Congressional Representatives has led to an extensive network of relationships both on Capitol Hill and within federal agencies. His understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the Senate and House are important to successfully advocating for California-based clients. • Joseph has extensive knowledge and understanding of the current federal appropriations process and has experience in successfully securing millions of dollars’ worth of earmarks for California projects. While serving as Policy Advisor to Congressman McNerney, Joseph assisted in securing $27 million in community project funding for 15 community projects in Contra Costa and San Joaquin counties, greatly benefiting local California communities.

Office of Congressman Jerry McNerney (CA-09)
Policy Advisor, Legislative Assistant, Legislative Correspondent, Intern 2019-2023 As Policy Advisor, Joseph led the Congressman’s legislative portfolio on issues under the jurisdiction of the Energy & Commerce Committee (Subcommittees on Energy, Communications & Technology, and Consumer Protection & Commerce) and the Science, Space & Technology Committee (Subcommittee on Energy). Additionally, he assisted in staffing, advising, and preparing the Congressman’s questions and talking points for committee hearings and markups.

Joseph co-led the Congressman’s appropriations process and initially helped to secure more than $27 million for fifteen community projects located in California’s Contra Costa County and San Joaquin County, as well as managed the Congressman’s caucus work as co-chair of the Artificial Intelligence Caucus and Wi-Fi Caucus. Prior to serving as the Congressman’s Policy Advisor, Joseph served as Legislative Assistant, Legislative Correspondent/Staff Assistant, and Intern, demonstrating expertise in a wide range of policy areas, including energy and commerce, technology, education, housing, foreign affairs, and local governance.

Save the Children Action Network
Public Policy and Advocacy Intern 2018
Joseph supported bipartisan federal, state, and local government relations efforts through research on elected officials, congressional candidates, and legislation. Wrote memorandum on education programs and policies. Additionally, he drafted policy documents advocating for specific legislation and institutions relating to early childhood education.

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Oracle Corporation
Enterprise Account Manager 2015-2017
While at Oracle, Joseph progressed from Business Development Consultant into Account Manager role in under two years. As Enterprise Account Manager, Joseph supported Fortune 100 companies and associated subsidiaries in initiating, developing, and closing sales cycles with Oracle’s cloud portfolio, as well as led meetings and managed relationships with Executive leadership.

Office of Congresswoman Nancy Pelosi (CA-12)
District Intern 2014
Joseph assisted in casework and advocated for constituents by calling, emailing, and helping draft letters to federal agencies. Additionally, he worked alongside congressional aides to research and complete policy-focused projects.

University of California, Berkeley
Bachelor of Arts, Political Science 2015
The Wilson Center
Foreign Policy Fellowship Program Certificate 2022

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Sammi Maciel, Associate: Sammi brings four years of federal legislative, funding, and public policy experience. Sammi has experience managing legislative activity, including bill analysis, research, and drafting particularly for federal funding opportunities. Sammi has expertise in several policy sectors including local governance, transportation, broadband, energy, and cultural resources.

Townsend Public Affairs, Inc.

Associate 2021-Present
Since joining TPA, Sammi keeps clients informed of significant actions and pertinent developments in the federal government and strategizes ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Sammi’s experience include:
• In FY 2023, Sammi worked with the City of Half Moon Bay to secure a $2 million earmark for the City’s Highway 1-Frenchman Creek Intersection and Bike/Pedestrian Improvement project. Sammi assisted in developing and submitting the project for consideration, as well as leveraged her extensive federal relationships to ensure success. • Sammi’s four years of experience working for two California Senators has led to an extensive network of relationships both on Capitol Hill and within federal agencies. Her understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the Senate and House are important to successfully advocating for California-based clients. • Sammi has first-hand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre-2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Sammi has utilized her experience to successfully assist clients secure millions of dollars’ worth of earmarks.
• Sammi has identified new and previously-underutilized federal grants for the benefit of TPA clients. She has leveraged her relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzz words required for successful grant applications. Sammi then leverages that information to help TPA federal clients develop and submit more competitive federal grant applications and then provide more effective tailored advocacy to secure funding awards.

US Senate, Office of Senator Kamala Harris (CA)
Field Representative 2019-2021
Sammi represented a 30-county region on behalf of Senator Harris, attending events, hosting meetings, and facilitating outreach to constituents. She tracked key issues, facilitated rapid response, and built an extensive network of relationships with local elected officials and advocacy groups within her 30-county region. Additionally, Sammi drafted letters of support on behalf of her 30-county region addressed to numerous federal agencies, requesting funding for key projects in the region.

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US Senate, Office of Senator Dianne Feinstein (CA)
Legislative Intern Summer of 2017
As a legislative intern with Senator Dianne Feinstein’s office, Sammi researched and drafted memos for state field representatives regarding state legislature bills in the policy areas of transportation and water infrastructure, cannabis, and sanctuary cities.

Dominican University of California
Bachelor of Arts, Political Science 2017

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Carly Shelby, Legislative Associate: Carly brings over five years of government affairs experience to TPA. Carly has state legislative experience in areas such as water, solid waste and recycling, revenue and taxation, housing and land use, community services, pension reform, and budget. Carly has strong relationships with legislative committee staff, members of the legislature, and cities.

Townsend Public Affairs, Inc.

Legislative Associate 2021 – Present
Since joining TPA, Carly has worked diligently with clients to develop their legislative advocacy agendas in Sacramento. Some of her work includes:
• Carly has worked to build advocacy tools for clients such as legislative tracking matrices, policy issue summaries, and fact sheets. These tools allow clients to develop a successful advocacy strategy to achieve positive government actions in Sacramento. • Carly has provided expert analysis and feedback on a variety of policy issues for our clients. She has written letters and official correspondence to bring client concerns to the attention of decision makers in Sacramento while helping navigate the legislative process.

League of California Cities
Legislative and Policy Development Assistant 2017-2020
Carly was responsible for analyzing legislation and developing strategic policy positions to benefit cities throughout California. Carly also maintained stakeholder relations with various government agencies and government-proxy organizations to implement policy agendas crucial to local government clients.

Press Office of Assembly Speaker Anthony Rendon
Press Intern 2017
Carly worked for Assembly Speaker Anthony Rendon and was responsible for maintaining communications between the legislature and major news outlets as well as communicating the Speaker and Democratic Caucus’ policy agendas.

The California Building Industry Association (CBIA)
Government Affairs Intern 2016
Carly worked to implement CBIA’s policy agenda with emphasis on the issue areas of housing and land use. Carly also provided strategic campaign support on the CBIA sponsored school bond initiative.

California State University, Sacramento
Bachelor of Arts, Political Science 2021

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SCOPE OF SERVICES:

TPA will utilize the following strategic and comprehensive approach to provide federal and state legislative advocacy services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration.
• Implement the Legislative Strategy: TPA will advocate for the City’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda. o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:
 Schedule meetings for the City to discuss relevant legislation  Prepare all briefing materials and talking points for the City  Brief legislative offices and stakeholders on the City’s legislative agenda  Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda.

Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City. TPA will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be

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suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
o Funding Support: As appropriate, TPA will assist the City in its efforts to identify and secure grant funding through the following strategies:
 Identify and Monitor Opportunities: TPA will identify and monitor funding opportunities for relevancy to the City’s priorities and will keep the City apprised of pertinent budget and agency-related activities to ensure the City is able to quickly respond to any and all opportunities.
 Communications Support: At the request of the City Manager, TPA will review and comment on proposals, grant applications, and other communications from the City which are being prepared for federal and state agencies, the legislature, or executive branch.
 Grant Advocacy: TPA will contact agencies on the City’s behalf when City grant applications are under consideration and engage in strategic advocacy in order to ensure the most favorable consideration of such applications. • Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.

CERTIFICATIONS
All TPA advocates are registered with the state and federal governments to advocate on behalf of clients via legal certifications as required by state and federal law. Copies of registrations can be provided upon request.

SUBCONTRACT WORK
TPA does NOT propose using subcontractors to accomplish the scope of work outlined in the request for proposal. Pursuant to the RFP instructions, TPA has included Form L: Subcontractor List on page 49 of this proposal.

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BENEFITS TO COMBINING SERVICES WITHIN ONE FIRM
Throughout TPA’s 2+ year history in providing advocacy services to the City of Modesto, TPA has excelled at providing state legislative successes for the City. However, the City could be better positioned to explore all funding and legislative channels by concentrating services within one firm, with advocates that regularly collaborate and communicate on a daily basis.

Examples of successes utilizing this approach include communicating with State legislative leaders to provide letters of recommendation to the congressional representatives regarding the City’s federal funding requests and viewing priority policy areas and funding through an interchangeable state/grants/and federal lens.

Federal funding is often administered by State of California agencies. Having advocates that understand both the source and the implementation of funding allows for a more efficient approach to funding advocacy. TPA monitors and advocates for funding from the source to the street, utilizing teams in Modesto, Sacramento, and Washington, DC to ensure that funding is directed toward the City’s goals. Ultimately, by providing state, federal, and grant funding services to the City, TPA understands gaps and strategies to backfill missed opportunities by quickly pivoting to another channel of advocacy. If there is a missed grant opportunity, TPA utilizes its inhouse resources to communicate with state and federal representatives and their staff to articulate funding needs and find other means to achieve City goals. Concentrating advocacy services within one firm enables TPA to remain as nimble as possible.

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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, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Van Scoyoc Associates, Inc., a Washington DC corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that it requires support with advocacy services at the federal level. . B. Consultant represents that it is qualified, willing and able to provide the services.

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.

2. TERM OF AGREEMENT.

The term of the AGREEMENT shall be for a period of two years, with three oneyear extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: November 29, 2023 through November 28, 2024
Year 2: November 29, 2024 through November 28, 2025
Year 3: November 29, 2025 through November 28, 2026
Year 4: November 29, 2026 through November 28, 2027
Year 5: November 29, 2027 through November 28, 2028
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2 Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $450,000 (estimated at $90,000 annually) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

4. OBLIGATIONS OF CONSULTANT.

5. PERFORMANCE BY KEY EMPLOYEE.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
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3 Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

7. NEWS AND INFORMATION RELEASE.

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, #8..
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4 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.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

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 #8..
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5 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.

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.

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 pail, 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 #8..
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6 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: Jennifer LaTourette
Address: 800 Main Avenue, SW, Suite 800
Washington DC 20024
Phone: (202)638-1950
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Forrest Ebbs
Phone: (209)577-9149
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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. #8..
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7 (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent 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.

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 #8..
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8 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 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.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.
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9 Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the 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, #8..
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10 refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

16. INDEMNITY.

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 #8..
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11 Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, 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.

18. ATTORNEYS’ FEES.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.
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12 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.

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.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

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FEDERAL/STATE LEGISLATIVE ADVOCACY SERVICES
RFP 2223-08
Committee Scoring
Evaluation Criteria (As Detailed on Committee Scoring Sheet) Possible Points
Townsend Public
Affairs
Van Scoyoc
Associates, Inc.

Elevate
Government Affairs
LLC
Technical Experience 30 27 24 21 The Score for each is the AVERAGE of all committee member's scoring.

Consultant's Program 25 24 21 19
Legislative Strategy 15 13 12 10
References 10 9 9 9
Cost - Scored by Purchasing staff 20 15 20 15
Total 100 88 86 74
Ranking (# according to score highest to lowest)
Both Only Federal Both
NOTE - To compare apples to apples, used pricing for Federal as all vendors proposed and provided pricing for this area. #8..

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 7, 2023
Date: October 10, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Interim Fire Chief
SUBJECT: Acceptance of the FY 23/24 CalFire VFC Grant
CONTACT: Kevin Wise, Interim Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment. (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 May 2, 2023, Council approved Resolution 2023-198, authorizing the application for this grant. On August 8, 2023, the Modesto Fire Department received notification that it has been awarded $20,000, which includes a 50% local match of funds.

The Fiscal Year 2023-2024 CalFire Volunteer Fire Capacity (VFC) Program Grant provides funding to organize, train and equip fire departments in rural areas and rural communities to prevent and suppress fires. The Modesto Fire Department contract with City of Oakdale and Oakdale Fire Protection District allowed the department to apply for the grant. The VFC Grant Program provides financial assistance directly to eligible fire departments for critical training and equipment. The objective of the grant is to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience.

DISCUSSION:

The Modesto Fire Department is seeking approval to accept the Fiscal Year 2023-2024 CalFire Volunteer Fire Capacity Program Grant in an amount that will not exceed $40,000, which includes a 50% local match of funds. The department intends to apply this grant towards the purchasing of wildland firefighting equipment in order to replace aging and outdated wildland #9..
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City Council, October 10, 2023
Acceptance of the FY 23/24 CalFire VFC Grant

Page 2 of 2 ends

equipment that is no longer in service or does not meet current standards. The deadline to accept the grant is December 1, 2023.

FISCAL IMPACT:

There is a 50% required local match for the Cal Fire RFC Program Grant. The awarded amount is $20,000, which requires a $20,000 local match. The department would fund the match within its adopted budget. Due to the critical need of replacing critical firefighting equipment, the department would prioritize funding within existing budget for the match. The equipment identified in the grant application has been identified as needing replacement; without this grant the Fire Department will bear the cost of the full $40,000.

COMMITTEE RECOMMENDATION:

This grant was presented to the Safety and Communities Committee on October 9, 2023 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment and authorizing the City Manager, or his designee, to execute the grant agreement.

Approved by:

Kevin Wise, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement 7GF23066

3. AD-1048 Form
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11/07/2023/Fire/KWise/Item X 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING THE ACCEPTANCE OF THE FISCAL YEAR
2023-2024 CAL FIRE VOLUNTEER FIRE CAPACITY (VFC) PROGRAM GRANT AWARD IN THE AMOUNT OF $40,000, WHICH INCLUDES A 50%

LOCAL MATCH, FOR THE PROCUREMENT OF WILDLAND

FIREFIGHTING EQUIPMENT AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE GRANT AGREEMENT
WHEREAS, on May 2, 2023, Council approved Resolution 2023-198, authorizing the application for this grant, and
WHEREAS, on August 8, 2023, the Modesto Fire Department received notification that it has been awarded $20,000, which includes a 50% local match of funds; and
WHEREAS, the Fiscal Year 2023-2024 CalFire Volunteer Fire Capacity (VFC) Program Grant provides funding to organize, train and equip fire departments in rural areas and rural communities to prevent and suppress fires; and WHEREAS, the Modesto Fire Department contract with City of Oakdale and Oakdale Fire Protection District allowed the department to apply for the grant; and WHEREAS, the VFC Grant Program provides financial assistance directly to eligible fire departments for critical training and equipment, with the objective to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience; and
WHEREAS, the department intends to apply this grant towards the purchasing of wildland firefighting equipment in order to replace aging and outdated wildland equipment that is no longer in service or does not meet current standards; and #9..
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11/07/2023/Fire/KWise/Item X 2 2023-XX
WHEREAS, there is a 50% required local match for the Cal Fire VFC Program Grant, with the awarded amount being $20,000, and local match being $20,000; and WHEREAS, the equipment identified in the grant application has been identified as needing replacement; without this grant the Fire Department will bear the cost of the full $40,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment.

BE IT FURTHER RESOLVED that this City Manager, or his designee, is hereby authorized to execute the grant agreement, in a form approved by the City Attorney. #9..
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3 The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 7th day of November 2023, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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1 State of California
Department of Forestry and Fire Protection (CAL FIRE)
Cooperative Fire Protection

GRANT AGREEMENT
APPLICANT:

PROJECT TITLE: Volunteer Fire Capacity
GRANT AGREEMENT: 7GF23066
PROJECT PERFORMANCE PERIOD is from date upon approval through June 30, 2024.

Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up to the total state grant amount indicated.

PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.

Total State Grant not to exceed $ $19,999.68 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY

AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Title

Title: David Scheurich
Staff Chief, Cooperative Fire Programs
Date Date

CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER PO ID SUPPLIER ID

FUND FUND NAME
0001 General Fund

PROJECT ID
354023DG2012166

ACTIVITY ID
SUBGNT

AMOUNT OF ESTIMATE FUNDING
$ $19,999.68

GL UNIT
3540

BUD REF CHAPTER
001 12
ADJ. INCREASING ENCUMBRANCE
$ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
9999000FED 2023 $ 0.00

ACCOUNT
5340580

ALT ACCOUNT
5340580002

UNENCUMBERED BALANCE
$ $19,999.68

REPORTING STRUCTURE
35409206

SERVICE LOCATION
92750
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Signature of CAL FIRE Accounting Officer Date
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7GF23066
2 VOLUNTEER FIRE CAPACITY PROGRAM

TERMS AND CONDITIONS

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978
THIS AGREEMENT, made and entered between the STATE of California, acting through the Director of the Department of Forestry and Fire Protection hereinafter called “STATE”, and ____________________________________________________________hereinafter called “LOCAL AGENCY”, covenants as follows:

RECITALS:

1. STATE has been approved as a passthrough agent of the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Capacity program in California, hereinafter referred to as VFC, authorized by the Cooperative Forestry Assistance Act (CFAA) of 1978 (PL 95-313, 92 Stat 365, 16 U.S.C. 2106), as amended.

2. This is a subaward under the 2023 Volunteer Fire Capacity Grant #23-DG-11052012-166 awarded to STATE by the Forest Service on August 3, 2023. The Federal Assistance Listing for the award is 10.698, Cooperative Forestry Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability.

3. LOCAL AGENCY desires to participate in said VFC and agrees to the terms and conditions specified in the Procedural Guide for Volunteer Fire Capacity Program 2023.

NOW THEREFORE, it is mutually agreed between the parties as follows:

4. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.

5. INCORPORATION: The Procedural Guide for Volunteer Fire Capacity Program 2023, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant Agreement.

6. TIMELINESS: Time is of the essence in this Agreement.

7. FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the email address specified in paragraph 12, with a timestamp no later than December 1, 2023 or LOCAL AGENCY will forfeit the funds.
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7GF23066
3 8. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2023 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.

9. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $19,999.68 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto.

Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 1 and JUNE 30, 2024. This sum is the sole and maximum payment that STATE will make pursuant to this Agreement.

LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12, with a timestamp no later than September 1, 2024 in order to receive the funds. The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or items purchased. A vendor’s invoice and proof of payment to vendor(s) must be included for items purchased.

10. LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFC, upon expenditure of United States Government Funds. Pursuant to 2CFR200.313 Equipment, subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over $5,000, the federal government may retain a vested interested in accordance with paragraph 17 below.

11. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as “VFC Funds”, shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as “Proposed Project”. No amount of unpaid “contributed” or “volunteer” labor or services shall be used or consigned in calculating the matching amount “actually spent” by LOCAL AGENCY.

LOCAL AGENCY shall not use VFC Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFC Funds.
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7GF23066
4 12. ADDRESSES: The mailing addresses of the parties hereto under the terms of the Agreement are:

LOCAL AGENCY:

Attention:

Telephone Number(s):

E-mail
STATE: Department of Forestry and Fire Protection
Grants Management Unit, Attn: Megan Esfandiary
P. O. Box 944246
Sacramento, California 94244-2460
PHONE: (916) 894-9845
E-MAIL: [email protected]

13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY. Project funds are not to be used for research and development.

14. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.

15. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding will require an amendment.

16. UNDERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.

However, there is no assurance that any such approval will be funded. Approval of additional projects/items, not listed on the Proposed Project application, made by STATE, will be in writing and will require an amendment.

17. FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in any item purchased with VFC funding in excess of $5,000 regardless of the length of this Agreement, until such time as the fair market value is less than $5,000. The VFC percentage used to purchase the equipment will be applied to the sale price and recovered for the Government during the sale. This percentage will remain the same even following depreciation. The Federal Government may not have to be reimbursed if the disposal sale amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE of the disposal of such items.
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7GF23066
5 18. EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be assigned an VFC Property Number by the STATE. LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL AGENCY Contact of the VFC Property Number assigned.

19. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated. LOCAL AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, LOCAL AGENCY agrees to include a similar right of the State of California to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896).

20. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be final and binding.

21. MONITORING: LOCAL AGENCY agrees to the monitoring of activities as necessary by STATE to ensure that the award is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the agreement; and that performance goals are achieved.

22. INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.

23. CIVIL RIGHTS: LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public point of contact/reception areas.

24. DRUG-FREE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
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7GF23066
6 1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drugfree workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

25. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 1 and continue through June 30, 2024.

26. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.

27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

28. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.

29. INDIRECT RATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate if LOCAL AGENCY does not have an approved NICRA, or the VFC program cap rate of 10%, whichever is lesser. LOCAL AGENCY may also elect not to assess an indirect rate.

The approved indirect cost rate at the time of execution is 0%. .
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7GF23066
7 30. MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support in any publications, audiovisuals and electronic media developed as a result of this award.

It is encouraged to give public notice of the receipt of this award and announce progress and accomplishments, acknowledging STATE and USDA Forest Service support. Follow direction in USDA Supplemental 2 CFR 415.2.

31. ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole or in part.
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AD-1048 OMB No. 0505-0027
Expiration Date: 09/30/2025
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME

NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)

SIGNATURE DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].

USDA is an equal opportunity provider, employer, and lender. #9..
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Modesto City CouncilNovember 7, 2023

Modesto City Council
November 7, 2023