Safety and Communities Committee
February 12, 2024

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, February 12, 2024 at 4:00 PM
Roll Call: Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
Alternates: Eric Alvarez, Nick Bavaro, David Wright, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.

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

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 2 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

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

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

Consent

1. Consider a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047, and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
 Motion recommending a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the - 3 -
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maximum term of the Agreement through May 1, 2047, and forwarding to Council for approval.

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

NEW BUSINESS

2. Consider amending the Position Allocation Plan in the Modesto Fire Department to add four Paramedics and three Emergency Medical Technicians (EMTs) and forwarding to Council for approval. (Funding Source: General Fund)  Motion amending the Position Allocation Plan in the Modesto Fire Department to add four Paramedics and three Emergency Medical Technicians (EMTs) and forwarding to Council for approval.

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

3. Consider the Culture Commission’s recommendation for an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0, and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending the Culture Commission’s recommendation for an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0, and forwarding to Council for approval.

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

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 12, 2024
Date: January 17, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: First Amendment to the Creekside Golf Course, Monarch Towers III, LLC, Cell Tower Site Lease Agreement
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047, and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto partners with various cellular communication service providers by leasing city property for the placement and use of cell towers. These partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the Federal Communications Commission mandated E9111 Services, and providing annual revenue to the City of Modesto to maintain the city park system.

On September 26, 2006, by Resolution No. 2006-613, Council approved a 5-year lease agreement with SBA Monarch Towers III, LLC, for approximately 360 square feet of ground space at the Creekside Golf Course for the construction of the communication facilities. This agreement included three (3) extensions of five (5) years each, expiring May 1, 2027. 1 According to the Federal Communications Commission, “The FCC also requires wireless telephone carriers to provide 911 and E911 capability, where a Public Safety Answering Point (PSAP) requests it. Once it is implemented fully, wireless E911 will provide an accurate location for 911 calls from wireless phones.” - https://www.fcc.gov/general/9-1-1-and-e9-1-1-services
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Safety and Communities Committee, February 12, 2024
First Amendment to the Creekside Golf Course, Monarch Towers III, LLC, Cell Tower Site Lease Agreement

In early 2023, SBA Monarch Towers III, LLC notified the City of their interest in amending the existing lease agreement to provide long-term site security.

DISCUSSION:

To provide long-term security, the cell tower owner at the Creekside Golf Course, SBA Monarch Towers III, LLC, requests that the City provide a long-term extension to this contract. This extension will give SBA Monarch Towers III, LLC assurance that their large capital investment of costly communication equipment will be secure well beyond the current agreement’s expiration date. Additionally, this amendment will also provide some stability of a site that provides E911 services for the citizens of Modesto. Finally, this amendment will provide a fixed revenue source to the City for the next 20+ years.

Included in the First Amendment to the Site Lease Agreement (attached) are the following notable changes:
1) Additional land: An additional one hundred eight (108) square feet of leased ground space for additional telecommunication equipment.
2) Term extension: Four (4) additional, five (5) year renewal terms which would extend the final contract expiration term to May 1, 2047, with an escalation rate of 3% annually. 3) Compensation: Additional Rent in the amount of $500 per month, which will begin upon the commencement of construction on the additional square footage, with an escalation rate of 3% annually.
4) Camera Fee: A one-time payment of $10,000 will be paid by SBA Monarch Towers III, LLC to the City with their initial rent payment. The funds will be utilized to purchase and install a security camera adjacent to the tower site that the Modesto Police Department will be able to monitor from the MPD Real-Time Crime Center.

Visually there is not expected to be any major impact to the course’s landscape because of this contract amendment. SBA Monarch Towers III, LLC has done a good job maintaining the site in the past and there have been no recorded maintenance complaints at this site.

FISCAL IMPACT:

SBA Monarch Towers III, LLC will continue to pay the City rent according to the existing contract in the amount of $2,888 with an escalation rate of 3% every year. Over the three remaining years of the current contract, the City will receive approximately $110,350 in revenue.

Revenue Projection for the remaining time of current cell tower lease agreement:

Creekside Golf Course revenue (90%) $ 99,315
Administration and Contract Support (10%) $ 11,035
Total Estimated Revenue during remaining contract term $ 110,350 If approved, this amendment will provide new revenue to the City of approximately $1,117,810 over the full term of the amendment.

Additional Revenue Projection if this first amendment is approved:

Creekside Golf Course revenue (90%) $ 1,006,029
Administration and Contract Support (10%) $ 111,781
Total Estimated Revenue during 20-year contract extension $ 1,117,810 #1..
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Safety and Communities Committee, February 12, 2024
First Amendment to the Creekside Golf Course, Monarch Towers III, LLC, Cell Tower Site Lease Agreement

Ten percent (10%) of the monthly revenue will be deposited into the Parks, Recreation and Neighborhoods Department’s Parks Planning and Development Division’s revenue account #0100-32020-46002 for administration, and the remaining 90% of the revenue will be deposited into the Creekside Golf Course revenue account # 0100-34210-46004 and will offset the General Fund expense of golf course maintenance.

If SBA Monarch Towers III, LLC decide to construct on the additional 108 square feet, additional rent of $500 per month will be paid. In accordance with the original agreement, this additional rent will increase at a rate of 3% each year thereafter. SBA Monarch Towers III, LLC have within 120 days of the commencement of the amendment to enact this option for additional lease area.

If they do not, then the additional square footage is returned to the City. However, the remaining changes implemented by this amendment would continue.

No budget adjustment is required currently. Staff will budget the estimated cell tower revenue to the operating budget during future annual budget processes.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement is exempt from CEQA because it is an administrative action.

RECOMMENDED COMMITTEE ACTION:

Motion recommending a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047, and forwarding to Council for approval.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment to Monarch Towers, III, LLC, at Creekside Golf Course

2. Original Cell Tower Agreement
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1 Prepared by: Catherine Hutchison
After recording return to: Rita Drinkwater
SBA Network Services, LLC
8051 Congress Avenue
Boca Raton, FL 33487
Ph: 800-487-7483 ext. 7872
Parcel ID: 033047025

FIRST AMENDMENT TO SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT (“First
Amendment”) is executed this ______ day of _____________, 202_ (“Effective Date”) by and between City of Modesto, a California municipal corporation of the State of California, having an address at 1010 Tenth Street, Suite 4400, Modesto, CA 95353 (“Landlord”) and SBA Monarch Towers III, LLC, a Delaware limited liability company, having a principal office located at 8051 Congress Avenue, Boca Raton, FL 33487-1307 (“Tenant”).

WHEREAS, Landlord and Omni Communications Inc., d/b/a T-Mobile, entered into that certain Site Lease Agreement dated September 26, 2006, as evidenced by that certain Memorandum of Lease, dated September 4, 2009, and recorded January 13, 2010, as Document No. 2010-0002870-00 as amended and assigned from time to time (collectively, “Agreement”) and ultimately assigned to Tenant, as evidenced by that certain Memorandum of Assignment, dated August 9, 2012, and recorded May 13, 2013, as Document No. 2013-0041014-00; said recordings of the County Recorder’s Office of Stanislaus County, California, for Tenant’s use of a portion of the real property ("Premises") together with access and utilities thereto located at 701 Lincoln Avenue, Modesto, CA 95354 (“Property”), being more particularly described in the attached Exhibit “A”; and
WHEREAS, Landlord has reviewed and approved the construction plans to change the communications tower from a Monopole to a Monopine and hereby agrees and consents to the change.
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2 WHEREAS, Landlord and Tenant desire and intend to amend and supplement the Agreement as provided herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Agreement:

1. Section 1. Premises, of the Agreement is hereby amended to include the following:

Landlord hereby leases to Tenant an additional one hundred eight (108) square feet of ground space (“Expanded Premises”) for a total ground space of approximately four hundred sixty-eight (468) square feet of ground space as described on Exhibit “B”. The Expanded Premises shall also be referred to as Premises unless otherwise specified. This legal description shall replace the existing legal description of the Premises for all purposes under this Agreement. Landlord and Tenant agree that the revised Premises legal description with access and utility easement may be substituted with a survey as soon as it becomes available.

2. The Premises as referenced in Exhibit “B” of the Agreement is hereby deleted in its entirety and replaced with Exhibit “B” to the First Amendment attached hereto and made a part hereof.

3. Section 2. Lease Term, of the Agreement is hereby amended to include the following:

In addition to the Renewal Terms as referenced in the Agreement, the Agreement is hereby amended to include four (4) additional successive terms of five (5) years (“Renewal Term”). Each Renewal Term shall be deemed automatically extended, unless Tenant notifies Landlord of its intention not to renew the Agreement at least ninety (90) days prior to the commencement of the succeeding Renewal Term. The Second additional Renewal Term shall commence on May 2, 2027, upon the expiration of the Renewal Term expiring on May 1, 2027.

4. Section 4. Compensation, subsection (a) of the Agreement is hereby amended to include the following:

Landlord hereby grants to Lessee the option to acquire additional space within the Property known as the Expanded Premises. Lessee shall have a period of one hundred twenty (120) days (“Option”) from full execution of this First Amendment to secure a sublease for the Expanded Premises or commencement construction activities at the Expanded Premises. If the foregoing does not occur, then Tenant’s right to the Expanded Premises shall be null and void.

However, in the event Lessee secures a sublease or commences construction for the Option, then as consideration for the Expanded Premises, Tenant shall pay Landlord an additional amount of Five Hundred and No/100 Dollars ($500.00) per month (“Additional Rent”). #1..
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3 The Additional Rent shall escalate in accordance with the terms of the Agreement and be payable with the Rent. The Additional Rent shall also be referred to as Rent, unless otherwise specified. The Additional Rent shall be due upon the commencement of construction activities at the Expanded Premises by Tenant or any of Tenant’s sublessees.

However, in the event that Tenant is unable to secure or maintain a sublease for the Expanded Premises, commencement of construction activities at the Expanded Premises by Tenant or any of Tenant’s sublessees does not occur, or if Tenant is unable to obtain or maintain, through no fault of Tenant, any license, permit or other governmental approval necessary for the construction and operation of the structures related to the use of the Expanded Premises, the aforementioned Additional Rent shall not be due and payable.

Tenant shall have the option, in its sole discretion, upon thirty (30) days written notice to Landlord, to terminate its rights to the Expanded Premises, and removing all improvements from the Expanded Premises, and returning the Expanded Premises to Landlord in the same condition that it was in as of the Effective Date of the First Amendment, ordinary wear and tear excepted. Any Additional Rent paid to Landlord shall immediately cease upon removal of all improvements from the Expanded Premises, and no Additional Rent shall be due or payable to Landlord.

6. Section 16. Notices, of the Agreement is hereby amended as follows:

If to Landlord: City of Modesto
Attn: Parks, Recreation and Neighborhoods Department
1010 Tenth Street
Suite 4400
Modesto, CA 95353
If to Tenant: SBA Monarch Towers III, LLC
Attn: Site Administration
8051 Congress Avenue
Boca Raton, FL 33487-1307
Re: CA40601-T/City of Modesto

7. Upon full execution of this First Amendment, Tenant shall pay to Landlord a one-time payment of Ten Thousand and No/100 Dollars ($10,000.00).

8. Capitalized terms not defined in this First Amendment will have the meaning ascribed to such terms in the Agreement.

9. This First Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the Property is located without regard to principles of conflicts of law.

10. Except as specifically set forth in this First Amendment, the Agreement is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In #1..
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4 the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall take precedence.

11. Landlord acknowledges that the attached Exhibit “A” and Exhibit “B” may be preliminary or incomplete and, accordingly, Tenant may replace and substitute such exhibits with accurate survey’s and legal descriptions of the Premises and easements and re-record this First Amendment without obtaining the further approval of Landlord.

Following such re-recording, the descriptions of the Premises and easements described therein shall serve as the descriptions for same for all purposes under the Agreement.

12. Landlord represents and warrants to Tenant that Landlord is the sole owner in fee simple title to the Property and Landlord’s interest under the Agreement and that consent or approval of no other person is necessary for Landlord to enter into this First Amendment.

13. This First Amendment may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same First Amendment.

14. Tenant shall have the right to record this First Amendment. [The remainder of this page is intentionally left blank. Signatures to follow.] #1..
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5 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day and year Second above written.

WITNESSES: LANDLORD:

City of Modesto, a California municipal
corporation
_______________________________________ By: ___________________________________ Print Name:__________________________ Name: _____________________________ _______________________________________ Title: __________________________________ Print Name:__________________________
ATTEST: APPROVED AS TO FORM:

By: _______________________________ By: ________________________________ Diane Nayares-Perez, CMC, City Clerk Jose M. Sanchez, City Attorney APPROVED AS TO FORM:

By: ________________________________
Christina Alger, Director of
Human Resources
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ________________________
On _________________________, 202_, before me, ____________________________ personally appeared ______________________________________, Diane Nayares-Perez, Jose M. Sanchez, and Christina Alger, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person who executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
____________________________________
Notary Public________________________
My Commission Expires _______________
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6 (NOTARY SEAL)
WITNESSES: TENANT:

SBA Monarch Towers III, LLC, a Delaware
limited liability company
_______________________________________ By:_________________________________ Print Name:__________________________ Joshua Koeing
Executive Vice President and General
Counsel
_______________________________________
Print Name:__________________________

STATE OF FLORIDA

COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this _____ day of _______________________, 202__, by Joshua Koeing, Executive Vice President and General Counsel - Asset Optimization of SBA Monarch Towers III, LLC, a Delaware limited liability company, on behalf of said company, who is personally known to me and did not take an oath.
___________________________________
Notary Public ________________________
My Commission Expires _______________
(NOTARY SEAL)
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7 EXHIBIT “A”
Legal description to be incorporated upon receipt of final survey.

Property

PARENT PARCEL LEGAL DESCRIPTION (AS PROVIDED)

BETWEEN LINCOLN AVENUE AND NORTH MCCLURE ROAD

ALL THAT REAL PROPERTY IN THE STATE OF CALIFORNIA, COUNTY OF

STANISLAUS, CITY OF MODESTO, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24 AND THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 9 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 25 WITH THE CENTERLINE OF A PUBLIC STREET KNOWN AS DRY CREEK DRIVE; THENCE ALONG SAID CENTER LINE OF DRY CREEK DRIVE, NORTH 89 DEGREES 52'29" EAST, 84.94 FEET; THENCE AT RIGHT ANGLES, NORTH 00 DEGREES 07' 31” WEST, 30.00 FEET. TO THE POINT OF BEGINNING OF A NON-TANGENT CURVE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE

NORTHWESTERLY ALONG SAID NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89 DEGREES 55'29" AND AN ARC LENGTH OF 23.54 FEET, TO ITS POINT OF TANGENCY ON A LINE WHICH IS PARALLEL WITH AND 70.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY FROM SAID WEST LINE OF SECTION 25; THENCE ALONG SAID PARALLEL LINE, SAID LINE BEING THE FUTURE EASTERN LINE OF 100.00 FOOT LINCOLN AVENUE, NORTH 00 DEGREES 12'02" WEST, 1793.38 FEET TO THE CENTERLINE OF DRY CREEK, AS SAID CREEK EXISTED ON AUGUST 1, 1988; THENCE

ALONG SAID CENTER LINE OF DRY CREEK THE FOLLOWING BEARINGS AND DISTANCES, SOUTH 85 DEGREES 34'33" EAST, 242.45 FEET; THENCE SOUTH 79 DEGREES 02'58" EAST, 226.73 FEET; THENCE SOUTH 66 DEGREES 20'16" EAST, 168.01 FEET; THENCE SOUTH 84 DEGREES 09'23" EAST, 267.02 FEET, THENCE SOUTH 81 DEGREES 03'13" EAST, 163.01 FEET THENCE SOUTH 79 DEGREES 17'11" EAST, 225.01 FEET; THENCE SOUTH 75 DEGREES 47' 36" EAST. 271.56 FEET THENCE SOUTH 45 DEGREES 22'56" EAST, 215.02 FEET; THENCE SOUTH 58 DEGREES 06' 15" EAST, 374.74 FEET; THENCE SOUTH 54 DEGREES 56' 02" EAST, 134.27 FEET; THENCE SOUTH 68 DEGREES 09'26” EAST, 93.54 FEET; THENCE SOUTH 84 DEGREES 06" 51” EAST, 94.01 FEET; THENCE NORTH 72 DEGREES 20'14" EAST, 122.01 FEET; THENCE NORTH 69 DEGREES 00'03" EAST, 91.74 FEET; THENCE NORTH 54 DEGREES 19'33" EAST, 30.17

FEET, TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE FUTURE WESTERN LINE OF 60.00 FOOT NORTH MCCLURE ROAD; THENCE ALONG SAID

NORTHERLY EXTENSION OF AND FUTURE WESTERN LINE OF NORTH MCCLURE ROAD, SOUTH 00 DEGREES 16'24" EAST, 1114.49 FEET; THENCE SOUTHWESTERLY #1..
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8 ALONG A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF

15.00 FEET, A CENTRAL ANGLE OF 90 DEGREES 08'53" AND AN ARC LENGTH OF 23.60 FEET, TO ITS POINT OF TANGENCY ON THE NORTHERLY LINE OF 60.00 FOOT DRY CREEK DRIVE; THENCE ALONG SAID NORTHERN LINE OF DRY CREEK DRIVE, SOUTH 89 DEGREES 52' 29" WEST, 2486.13 FEET, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION OF THE 75.00 FOOT WIDE MODESTO IRRIGATION DISTRICT LATERAL NO. 2 LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:

COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 25 WITH THE CENTERLINE OF A PUBLIC STREET KNOWN AS DRY CREEK DRIVE; THENCE ALONG SAID CENTER LINE OF DRY CREEK DRIVE, NORTH 89 DEGREES 52'29" EAST, 84.94 FEET: THENCE AT RIGHT ANGLES, NORTH 00 DEGREES 07'31" WEST, 30.00 FEET, TO THE POINT OF BEGINNING OF A NON-TANGENT CURVE;

THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89 DEGREES 55’ 29” AND AN ARC LENGTH OF 23.54 FEET, TO ITS POINT OF TANGENCY ON A LINE WHICH IS PARALLEL WITH AND 70.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY FROM SAID WEST LINE OF SECTION 25; THENCE ALONG SAID PARALLEL LINE, SAID LINE BEING THE FUTURE EASTERN LINE OF 100.00 FOOT LINCOLN AVENUE, NORTH 00 DEGREES 12'02" WEST, 57.45 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID LATERAL NO. 2 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID SOUTHERLY LINE OF LATERAL NO. 2 THE FOLLOWING BEARINGS AND DISTANCES, NORTH 64 DEGREES 30'03" EAST, 651.86 FEET; THENCE NORTH 78 DEGREES 53'36" EAST, 545.54 FEET; THENCE NORTH 86 DEGREES 59'31” EAST, 1392.12 FEET TO A POINT ON THE FUTURE WESTERN LINE OF 60.00 FOOT NORTH MCCLURE ROAD AND THE END OF THIS DESCRIPTION.

THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED TO MAKE PROPER INTERSECTIONS.

TAX ID: 033-047-025-000

BEING A PORTION OF THE SAME PROPERTY CONVEYED TO CITY OF MODESTO,

CALIFORNIA, GRANTEE, FROM MODESTO PUBLIC FINANCING AUTHORITY, GRANTOR, BY GRANT DEED RECORDED 05/27/1993, AS DOCUMENT NO. 93-0053326- 00, OF THE MODESTO COUNTY RECORDS.
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CA40601-T/SR791 Modesto GC
00655437 - v3
9 EXHIBIT “B”
Legal description to be incorporated upon receipt of final survey.

Premises

ORIGINAL LEASE AREA (AS SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 399 square foot Original Lease Area over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet to the POINT OF BEGINNING;
Thence South 84°12'19" West a distance of 19.00 feet;
Thence North 05°47'41" West a distance of 21.00 feet;
Thence North 84°12'19" East a distance of 19.00 feet;
Thence South 05°47'41" East a distance of 21.00 feet to the POINT OF BEGINNING.

The Original Lease Area contains 0.009 acres, or 399 square feet, of land. #1..
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CA40601-T/SR791 Modesto GC
00655437 - v3
10 LEASE EXPANSION AREA (AS SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 108 square foot Lease Expansion Area over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet; Thence South 84°12'19" West a distance of 19.00 feet;
Thence North 05°47'41" West a distance of 21.00 feet to the POINT OF BEGINNING; Thence North 05°47'41" West a distance of 5.68 feet;
Thence North 84°12'19" East a distance of 19.00 feet;
Thence South 05°47'41" East a distance of 5.68 feet;
Thence South 84°12'19" West a distance of 19.00 feet to the POINT OF BEGINNING.

The Lease Expansion Area contains 0.002 acres, or 108 square feet, of land. #1..
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CA40601-T/SR791 Modesto GC
00655437 - v3
11 OVERALL LEASE AREA (AS SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 507 square foot Overall Lease Area over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet to the POINT OF BEGINNING;
Thence South 84°12'19" West a distance of 19.00 feet;
Thence North 05°47'41" West a distance of 26.68 feet;
Thence North 84°12'19" East a distance of 19.00 feet;
Thence South 05°47'41" East a distance of 26.68 feet to the POINT OF BEGINNING.

The Overall Lease Area contains 0.012 acres, or 507 square feet, of land. #1..
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CA40601-T/SR791 Modesto GC
00655437 - v3
12 VARIABLE WIDTH NON-EXCLUSIVE ACCESS & UTILITY EASEMENT (AS

SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 49 square foot Variable Width Non-Exclusive Access & Utility Easement over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet to the POINT OF BEGINNING;
Thence North 05°47'41" West a distance of 26.68 feet;
Thence North 89°43'36" East a distance of 3.16 feet;
Thence South 00°16'24" East a distance of 26.56 feet;
Thence South 89°43'46" West a distance of 0.60 feet to the POINT OF BEGINNING.

The Variable Width Non-Exclusive Access & Utility Easement contains 0.001 acres, or 49 square feet, of land.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 12, 2024
Date: February 5, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Amending the Position Allocation Plan
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider amending the Position Allocation Plan in the Modesto Fire Department to add four Paramedics and three Emergency Medical Technicians (EMTs) and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

It has been a long-term goal of the Modesto Fire Department (MFD) to implement nonemergency medical transport services to the Stanislaus area. In working toward that goal, the City purchased an ambulance in May 2021 by Resolution No. 2021-415 with the hopes of providing Interfacility Transfer (IFT) services to the community.

In 2023, the Modesto Police Department (MPD) applied for a grant to enhance services to the unhoused community to include mental health and non-emergency medical services. This grant made $970,370 available competitively to state and local agencies to support the use of nonsworn resources to handle calls for service involving individuals experiencing mental health crisis and increase the rate at which calls are diverted from the police to non-sworn alternative responses. The Substance Abuse and Mental Health Services grant was accepted by City Council on December 12, 2023, by Resolution No. 2023-557. #2..
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Safety and Communities Committee, February 12, 2024
Amending the Position Allocation Plan

DISCUSSION:

The Modesto Police Department, in partnership with the Modesto Fire Department, will utilize the funds awarded under the grant to both expand current services and implement new services.

MPD has expanded the Community Health and Assistance Team (CHAT) to include a new team of Outreach Specialists that can be paired with Paramedics and/or Emergency Medical Technicians (EMTs). The Paramedics and EMTs will be under the direction of MFD and be utilizing the ambulance that was purchased. We will cross staff a Paramedic and an EMT on the ambulance to provide interfacility transfers from local hospitals to residents or long-term care facilities. As well as respond to assist the CHAT program with mental health related calls.

These new positions will be represented by Modesto Firefighters Association (MCFFA). The City and MCFFA will work together on identifying items for the MOU during the current negotiations process. Parties are finalizing a Letter of Agreement (LOA) for Council adoption should this item be recommended to Council by the committee. A new 1200 series salary schedule has been created for this classification and is attached as Exhibit A. Placement for salary will be range 1212 for Single Role EMTs and range 1216 for Single Role Paramedics.

The grant allows the City to explore providing these new services and whether services should be provided long-term. The department will be only filling four of the positions at this time and will seek further grant funding for the remaining three. A successful program will increase paramedic support to our community, thereby enhancing overall safety services. Should this program be successful and long-term, ongoing funding will be leveraged through Measure H funds after grant funds have been exhausted.

FISCAL IMPACT:

The full fiscal impact of these positions is $551,968 as outlined in the chart below. However, the current fiscal year 23-24 will only experience approximately a two-month impact of $91,995, given the time that will be needed to recruit and hire. The cost of these positions will be funded by the grant through MPD for a full twelve months with the ability to request extensions. Should the program be a success, the City intends to leverage Measure H funds as it enhances community safety. This item will be re-evaluated at that time.

Position Step B Benefits Cost Per Position Number of Positions Total Cost Base Salary 65%
Paramedic $ 49,795 $ 32,367 $ 82,162 $ 4 $ 328,648
EMT $ 45,115 $ 29,325 $ 74,440 $ 3 $ 223,320
$ 551,968
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion amending the Position Allocation Plan in the Modesto Fire Department to add four Paramedics and three Emergency Medical Technicians (EMTs) and forwarding to Council for approval.
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Safety and Communities Committee, February 12, 2024
Amending the Position Allocation Plan

Approved by:

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

1. Exhibit A – 1200 Series Salary Schedule

2. Exhibit B - Emergency Medical Technician (EMT-B) Paramedic (EMT-P) #2..
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City of Modesto City of Modesto City of Modesto
Schedule of Salary Ranges in City Service For FY 23/24 Schedule of Salary Ranges in City Service For FY 23/24 Schedule of Salary Ranges in City Service For FY 23/24 Effective June 20, 2023 Effective June 20, 2023 Effective June 20, 2023 MCFFA Nonsworn MCFFA Nonsworn MCFFA Nonsworn
Hourly Biweekly Monthly
Range
Number Step A Step B Step C Step D Step E
Range
Number Step A Step B Step C Step D Step E
Range
Number Step A Step B Step C Step D Step E
1201 15.74 16.53 17.36 18.23 19.14 1201 1,259.20 1,322.40 1,388.80 1,458.40 1,531.20 1201 2,728.27 2,865.20 3,009.07 3,159.87 3,317.60 1202 16.14 16.95 17.79 18.68 19.62 1202 1,291.20 1,356.00 1,423.20 1,494.40 1,569.60 1202 2,797.60 2,938.00 3,083.60 3,237.87 3,400.80 1203 16.54 17.37 18.24 19.15 20.11 1203 1,323.20 1,389.60 1,459.20 1,532.00 1,608.80 1203 2,866.94 3,010.80 3,161.60 3,319.34 3,485.74 1204 16.96 17.80 18.69 19.63 20.61 1204 1,356.80 1,424.00 1,495.20 1,570.40 1,648.80 1204 2,939.74 3,085.34 3,239.60 3,402.54 3,572.40 1205 17.38 18.25 19.16 20.12 21.12 1205 1,390.40 1,460.00 1,532.80 1,609.60 1,689.60 1205 3,012.54 3,163.34 3,321.07 3,487.47 3,660.80 1206 17.81 18.70 19.64 20.62 21.65 1206 1,424.80 1,496.00 1,571.20 1,649.60 1,732.00 1206 3,087.07 3,241.34 3,404.27 3,574.14 3,752.67 1207 18.26 19.17 20.13 21.14 22.19 1207 1,460.80 1,533.60 1,610.40 1,691.20 1,775.20 1207 3,165.07 3,322.80 3,489.20 3,664.27 3,846.27 1208 18.71 19.65 20.63 21.66 22.75 1208 1,496.80 1,572.00 1,650.40 1,732.80 1,820.00 1208 3,243.07 3,406.00 3,575.87 3,754.40 3,943.34 1209 19.18 20.14 21.15 22.21 23.32 1209 1,534.40 1,611.20 1,692.00 1,776.80 1,865.60 1209 3,324.54 3,490.94 3,666.00 3,849.74 4,042.14 1210 19.66 20.64 21.68 22.76 23.90 1210 1,572.80 1,651.20 1,734.40 1,820.80 1,912.00 1210 3,407.74 3,577.60 3,757.87 3,945.07 4,142.67 1211 20.15 21.16 22.22 23.33 24.50 1211 1,612.00 1,692.80 1,777.60 1,866.40 1,960.00 1211 3,492.67 3,667.74 3,851.47 4,043.87 4,246.67 1212 20.66 21.69 22.77 23.91 25.11 1212 1,652.80 1,735.20 1,821.60 1,912.80 2,008.80 1212 3,581.07 3,759.60 3,946.80 4,144.40 4,352.40 1213 21.17 22.23 23.34 24.51 25.74 1213 1,693.60 1,778.40 1,867.20 1,960.80 2,059.20 1213 3,669.47 3,853.20 4,045.60 4,248.40 4,461.60 1214 21.70 22.79 23.93 25.12 26.38 1214 1,736.00 1,823.20 1,914.40 2,009.60 2,110.40 1214 3,761.34 3,950.27 4,147.87 4,354.14 4,572.54 1215 22.25 23.36 24.52 25.75 27.04 1215 1,780.00 1,868.80 1,961.60 2,060.00 2,163.20 1215 3,856.67 4,049.07 4,250.14 4,463.34 4,686.94 1216 22.80 23.94 25.14 26.39 27.71 1216 1,824.00 1,915.20 2,011.20 2,111.20 2,216.80 1216 3,952.00 4,149.60 4,357.60 4,574.27 4,803.07 1217 23.37 24.54 25.77 27.05 28.41 1217 1,869.60 1,963.20 2,061.60 2,164.00 2,272.80 1217 4,050.80 4,253.60 4,466.80 4,688.67 4,924.40 1218 23.96 25.15 26.41 27.73 29.12 1218 1,916.80 2,012.00 2,112.80 2,218.40 2,329.60 1218 4,153.07 4,359.34 4,577.74 4,806.54 5,047.47 1219 24.55 25.78 27.07 28.42 29.84 1219 1,964.00 2,062.40 2,165.60 2,273.60 2,387.20 1219 4,255.34 4,468.54 4,692.14 4,926.14 5,172.27 1220 25.17 26.43 27.75 29.13 30.59 1220 2,013.60 2,114.40 2,220.00 2,330.40 2,447.20 1220 4,362.80 4,581.20 4,810.00 5,049.20 5,302.27 1221 25.80 27.09 28.44 29.86 31.36 1221 2,064.00 2,167.20 2,275.20 2,388.80 2,508.80 1221 4,472.00 4,695.60 4,929.60 5,175.74 5,435.74 1222 26.44 27.76 29.15 30.61 32.14 1222 2,115.20 2,220.80 2,332.00 2,448.80 2,571.20 1222 4,582.94 4,811.74 5,052.67 5,305.74 5,570.94 1223 27.10 28.46 29.88 31.37 32.94 1223 2,168.00 2,276.80 2,390.40 2,509.60 2,635.20 1223 4,697.34 4,933.07 5,179.20 5,437.47 5,709.60 1224 27.78 29.17 30.63 32.16 33.77 1224 2,222.40 2,333.60 2,450.40 2,572.80 2,701.60 1224 4,815.20 5,056.14 5,309.20 5,574.40 5,853.47 1225 28.47 29.90 31.39 32.96 34.61 1225 2,277.60 2,392.00 2,511.20 2,636.80 2,768.80 1225 4,934.80 5,182.67 5,440.94 5,713.07 5,999.07 1226 29.19 30.65 32.18 33.79 35.47 1226 2,335.20 2,452.00 2,574.40 2,703.20 2,837.60 1226 5,059.60 5,312.67 5,577.87 5,856.94 6,148.14 1227 29.92 31.41 32.98 34.63 36.36 1227 2,393.60 2,512.80 2,638.40 2,770.40 2,908.80 1227 5,186.14 5,444.40 5,716.54 6,002.54 6,302.40 1228 30.66 32.20 33.81 35.50 37.27 1228 2,452.80 2,576.00 2,704.80 2,840.00 2,981.60 1228 5,314.40 5,581.34 5,860.40 6,153.34 6,460.14 1229 31.43 33.00 34.65 36.38 38.20 1229 2,514.40 2,640.00 2,772.00 2,910.40 3,056.00 1229 5,447.87 5,720.00 6,006.00 6,305.87 6,621.34 1230 32.22 33.83 35.52 37.29 39.16 1230 2,577.60 2,706.40 2,841.60 2,983.20 3,132.80 1230 5,584.80 5,863.87 6,156.80 6,463.60 6,787.74 1231 33.02 34.67 36.40 38.22 40.14 1231 2,641.60 2,773.60 2,912.00 3,057.60 3,211.20 1231 5,723.47 6,009.47 6,309.34 6,624.80 6,957.60 1232 33.85 35.54 37.31 39.18 41.14 1232 2,708.00 2,843.20 2,984.80 3,134.40 3,291.20 1232 5,867.34 6,160.27 6,467.07 6,791.20 7,130.94 1233 34.69 36.43 38.25 40.16 42.17 1233 2,775.20 2,914.40 3,060.00 3,212.80 3,373.60 1233 6,012.94 6,314.54 6,630.00 6,961.07 7,309.47 1234 35.56 37.34 39.20 41.16 43.22 1234 2,844.80 2,987.20 3,136.00 3,292.80 3,457.60 1234 6,163.74 6,472.27 6,794.67 7,134.40 7,491.47 1235 36.45 38.27 40.18 42.19 44.30 1235 2,916.00 3,061.60 3,214.40 3,375.20 3,544.00 1235 6,318.00 6,633.47 6,964.54 7,312.94 7,678.67 1236 37.36 39.23 41.19 43.25 45.41 1236 2,988.80 3,138.40 3,295.20 3,460.00 3,632.80 1236 6,475.74 6,799.87 7,139.60 7,496.67 7,871.07 1237 38.29 40.21 42.22 44.33 46.54 1237 3,063.20 3,216.80 3,377.60 3,546.40 3,723.20 1237 6,636.94 6,969.74 7,318.14 7,683.87 8,066.94 1238 39.25 41.21 43.27 45.44 47.71 1238 3,140.00 3,296.80 3,461.60 3,635.20 3,816.80 1238 6,803.34 7,143.07 7,500.14 7,876.27 8,269.74 1239 40.23 42.24 44.35 46.57 48.90 1239 3,218.40 3,379.20 3,548.00 3,725.60 3,912.00 1239 6,973.20 7,321.60 7,687.34 8,072.14 8,476.00 1240 41.24 43.30 45.46 47.74 50.12 1240 3,299.20 3,464.00 3,636.80 3,819.20 4,009.60 1240 7,148.27 7,505.34 7,879.74 8,274.94 8,687.47 1241 42.27 44.38 46.60 48.93 51.38 1241 3,381.60 3,550.40 3,728.00 3,914.40 4,110.40 1241 7,326.80 7,692.54 8,077.34 8,481.20 8,905.87 1242 43.32 45.49 47.76 50.15 52.66 1242 3,465.60 3,639.20 3,820.80 4,012.00 4,212.80 1242 7,508.80 7,884.94 8,278.40 8,692.67 9,127.74 1243 44.41 46.63 48.96 51.41 53.98 1243 3,552.80 3,730.40 3,916.80 4,112.80 4,318.40 1243 7,697.74 8,082.54 8,486.40 8,911.07 9,356.54 1244 45.52 47.79 50.18 52.69 55.33 1244 3,641.60 3,823.20 4,014.40 4,215.20 4,426.40 1244 7,890.14 8,283.60 8,697.87 9,132.94 9,590.54 #2..
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City of Modesto City of Modesto City of Modesto
Schedule of Salary Ranges in City Service For FY 23/24 Schedule of Salary Ranges in City Service For FY 23/24 Schedule of Salary Ranges in City Service For FY 23/24 Effective June 20, 2023 Effective June 20, 2023 Effective June 20, 2023 MCFFA Nonsworn MCFFA Nonsworn MCFFA Nonsworn
Hourly Biweekly Monthly
Range
Number Step A Step B Step C Step D Step E
Range
Number Step A Step B Step C Step D Step E
Range
Number Step A Step B Step C Step D Step E
1245 46.66 48.99 51.44 54.01 56.71 1245 3,732.80 3,919.20 4,115.20 4,320.80 4,536.80 1245 8,087.74 8,491.60 8,916.27 9,361.74 9,829.74 1246 47.82 50.21 52.72 55.36 58.13 1246 3,825.60 4,016.80 4,217.60 4,428.80 4,650.40 1246 8,288.80 8,703.07 9,138.14 9,595.74 10,075.87 1247 49.02 51.47 54.04 56.74 59.58 1247 3,921.60 4,117.60 4,323.20 4,539.20 4,766.40 1247 8,496.80 8,921.47 9,366.94 9,834.94 10,327.20 1248 50.24 52.75 55.39 58.16 61.07 1248 4,019.20 4,220.00 4,431.20 4,652.80 4,885.60 1248 8,708.27 9,143.34 9,600.94 10,081.07 10,585.47 1249 51.50 54.07 56.78 59.61 62.60 1249 4,120.00 4,325.60 4,542.40 4,768.80 5,008.00 1249 8,926.67 9,372.14 9,841.87 10,332.40 10,850.67 1250 52.79 55.42 58.20 61.11 64.16 1250 4,223.20 4,433.60 4,656.00 4,888.80 5,132.80 1250 9,150.27 9,606.14 10,088.00 10,592.40 11,121.07 #2..
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CITY OF MODESTO
NO. xxxx
NO. xxxx
Emergency Medical Technician (EMT-B)
Paramedic (EMT-P)
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To respond to and assist with medical emergencies, to provide on-site, first-aid treatment or life support to patient, and to provide transportation to patients safely to medical facilities.

DISTINGUISHING CHARACTERISTICS
Emergency Medical Technician (EMT-B) - This is the trainee level class in the Emergency Medical Service series. Positions in this class typically have little or no directly related work experience. Employees at this level are not expected to perform with the same independence of direction and judgment on matters related to established procedures and guidelines as are positions allocated to the journey level. The Emergency Medical Technician (EMT-B) is distinguished from the Paramedic (EMT-P) level by the performance of less than the full range of duties assigned to the journey level. Employees work under supervision while learning job tasks, progressing to general supervision as procedures and processes of assigned area of responsibility are learned within prescribed time frames.

Paramedic (EMT-P) - This is the journey level class in the Emergency Medical Services series and is distinguished from the Emergency Medical Technician (EMT-B) by the assignment of the full range of duties and complexity of work. Employees at this level receive only occasional instruction or assistance as new, unusual, or unique situations arise and are fully aware of the operating procedures and policies within the work unit. Positions in this class are flexibly staffed and are normally filled by advancement from the Emergency Medical Technician (EMT-B) level.

SUPERVISION RECEIVED AND EXERCISED
Emergency Medical Technician (EMT-B)
Receives supervision from higher level supervisory, management, or department head staff.
#2..
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CITY OF MODESTO
EMT (EMT-B)/Paramedic (EMT-P)

Paramedic (EMT-P)
Receives general supervision from higher level supervisory, management, or department head staff.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS – Essential and other important responsibilities and duties may include, but are not limited to, the following:

Essential Functions:

Provide basic life support while responding to emergency medical incidents, analyzing and initiating patient care until relieved by proper medical personnel.

Operate City owned ambulance and other vehicles as directed, including driving to and from medical emergencies as part of ambulance transportation team.

Administer first aid; apply techniques for the control of bleeding; utilize immobilization techniques to stabilize patient.

Perform basic field triage; provide initial pre-hospital emergency care of trauma.

Obtain and document diagnostic signs including but not limited to temperature, blood pressure, pulse and respiration rates, level of consciousness, and pupil status.

Evaluate the ill and injured and document findings and actions patient care report.

Perform cardiopulmonary resuscitation, including the use of mechanical adjunctions to advance cardiopulmonary resuscitation and both manual defibrillators and automated external defibrillators (AED).

Use of adjunctive airway breathing aids such as oropharyngeal airway and nasopharyngeal airway, advanced airway to include supraglottic, suction devices, basic and advanced oxygen delivery devices, and manual and mechanical ventilation devices designed for prehospital use.

Operate various types of stretchers and body immobilization devices; lift patients into and off of ambulance on gurney.

Administer emergency medications per Stanislaus County Emergency Medical Services (EMS) protocols.

Contact and obtain direction from base hospitals regarding patient care. #2..
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CITY OF MODESTO
EMT (EMT-B)/Paramedic (EMT-P)

Obtain and document patient information for file and billing purposes.

Clean and decontaminate ambulance and equipment; maintain and restock inventory of ambulance and station supplies through logistics orders.

Preform preventative maintenance inspections on assigned vehicle or apparatus.

Attend and complete department and hospital training sessions and drills.

Abide Federal, State, County, local and department laws, regulations, protocols, and policies including the Health Insurance Portability and Accountability Act (HIPAA).

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Observe and maintain a safe working environment in compliance with established safety programs and procedures.

Marginal Functions:

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

English usage, spelling, grammar and punctuation.

Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:

Learn to understand and act in accordance with departmental policies, rules, and instructions in the field of emergency medical services.

Demonstrate medical aptitude and apply medical techniques and procedures.

Retain presence of mind in emergency situations.

Think and act quickly and effectively in emergencies.
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CITY OF MODESTO
EMT (EMT-B)/Paramedic (EMT-P)

Understand and follow oral and written directions promptly and accurately.

Perform occasional heavy lifting and physical maneuvering.

Work in a communal environment that includes common sleeping, eating, and restroom facilities.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Emergency Medical Technician (EMT-B)
Experience and Training Guidelines:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

None required. Work experience on a transporting ambulance highly desirable.

Training:

High School diploma or GED equivalency.

License or Certificate:

Possession of a current Cardiopulmonary Resuscitation (CPR) Certificate for the Health Care Professional.

Possession of a current California Emergency Medical Technician (EMT-B).

Certificate
Possession of a Basic Life Support (BLS) and Automated External Defibrillator (AED) card.

Possession of valid California driver’s license and a current DMV issued #2..
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CITY OF MODESTO
EMT (EMT-B)/Paramedic (EMT-P)

Ambulance Drivers Certification
Additional Requirements:

Must be a minimum of age 18 by date of appointment.

Paramedic (EMT-P)
Experience:

None required. Work experience on a transporting ambulance highly desirable.

Training:

High School diploma or GED equivalency.

License or Certificate:

Possession of a current Cardiopulmonary Resuscitation (CPR) Certificate for the Health Care Professional.

Possession of a current California Paramedic (EMT-P) License at time of appointment. National Registry Cards will not be accepted.

Possession of a current Advanced Cardiac Life Support (ACLS) Card.

Possession of a current Pre-Hospital Trauma Life Support (PHTLS) Card or International Trauma Life Support (ITLS) card.

Possession of a current Pediatric Advanced Life Support (PALS) card or Pediatric Education for Pre-Hospital Personnel (PEEP) card.

Possession of valid California driver’s license and a current DMV issued Ambulance Drivers Certification.

Additional Requirements:

Commented [EM1]: Not sure if this is
applicable or not. We can delete if
needed.

Commented [EM2]: Additional certifications
like ALS, BLS, PALS, PHTLS/ITLS?
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CITY OF MODESTO
EMT (EMT-B)/Paramedic (EMT-P)

Must be a minimum of age 18 by date of appointment.

PHYSICAL AND MENTAL REQUIREMENTS
Mobility: pulling and pushing objects, sitting, standing, walking on uneven or slippery surfaces, kneeling, bending, twisting, turning, stooping, squatting, stooping, climbing and working from ladders. Lifting: perform tasks requiring strength and stamina, such as heavy lifting and moving equipment and objects weighing over 100 pounds. Vision:
constant use of overall vision; frequent reading of gauges, documents and street maps, color and depth vision. Dexterity: frequent grasping, holding and reaching, manual dexterity to use tools, assemble fittings and perform hose and ladder placement evolutions. Hearing/Talking: verbal communication including projecting a voice that can be heard in a noisy environment, hearing and distinguishing various sounds, such as alarms, voices of coworkers and warning horns or sirens in both quiet and noisy environments. Emotional/Psychological: frequent concentration and decision making, frequent public and coworker contact, ability to maintain high level cognitive, interpretive and judgment skills. Environmental: willing to work in adverse conditions and lifethreatening emergencies; subject to odors, dust, pollen, chemicals, skin irritants, fumes and solvents.

WORKING CONDITIONS
Work is performed in both indoor and outdoor environment on a year-round basis and is subject to seasonal climate and weather conditions wearing protective clothing. Positions require varying shift assignments and overtime work.

Class Spec History
Adopted
BU Pub Safety NS
Commented [EM3]: Not sure if this is
applicable or not. We can delete if
needed.
#2..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

February 12, 2024
Date: January 11, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Nathan Houx, Acting Director of Parks, Recreation and Neighborhoods SUBJECT: Agreement with Three Thirty Three Arts for Public Art Mural Installation CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider the Culture Commission’s recommendation for an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0 and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: build and promote a recognizable and desirable identity for the City of Modesto.

BACKGROUND:

Section 11101 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities.

In 2015, by Ordinance No. 3617-C.S., Council approved the addition of Chapter 22 “Public Art”, to the Modesto Municipal Code providing a procedure for the acquisition and maintenance of public art. The Parks, Recreation and Neighborhoods (PRN) Director, as the overseeing department of the Culture Commission, is responsible for verifying public art proposals are complete and identify the artist, design details, proposed location, and funding source. The Commission is responsible for the review and approval/denial of public art proposals submitted by outside parties. Proposals must be fully funded for creation and maintenance, enhance, or beautify the City, and harmonize with existing public art projects. 1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1110CU CO
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Safety and Communities Committee, February 12, 2024
Agreement with Three Thirty Three Arts for Public Art Mural Installation

On July 7, 2023, Sage Loring of Three Thirty Three Arts (333Arts) submitted a public art proposal for consideration. The PRN Director reviewed the application for completeness and compliance with the Public Art Ordinance requirements. After several meetings and discussions with the City Manager’s Office and the Facilities Division, the public art proposal was verified and approved to be placed on the Culture Commission’s agenda in November for review.

On November 1, 2023, the Culture Commission considered the public art proposal from 333Arts to install a professional public art mural on the 10th Street Parking Garage. The Commission reviewed the community benefit of the mural and synchronization with current art projects and unanimously approved the proposal to be forwarded to Council for consideration.

DISCUSSION:
333Arts’ public art proposal includes installation and short-term maintenance of a professional public art mural on the north side of the 10th Street Parking Garage between 10th and 11th Streets and facing K Street. The art is a manga or comic book style abstract art piece that is part of a series throughout California. Sections of the series currently exist in Concord and Oakland.
333Arts is responsible for obtaining all required permits, equipment, and supplies, and managing installation of the mural by a professional artist. 333Arts is also responsible for the removal of all equipment and debris generated during the installation process that is estimated to be 10 days. The City will grant 333Arts personnel access to the parking garage and will maintain ownership of the final artwork upon completion.

The City of Modesto welcomes and hosts a variety of murals and public art pieces on both public and private property. Public art enhances the overall quality of life and experience for residents and visitors of Modesto. The Commission determined the art piece to be cohesive with existing art and caters to a large demographic in Modesto.

FISCAL IMPACT:

Mural installation, including tagging protection coating and short-term maintenance expenses are estimated at $23,000 and will be funded by the Brendan Mann Foundation. There is minimal anticipated financial impact to the City, all of which can be covered in the current operating budget. Staff may need to clean tagging off the mural from time to time, but the mural begins on the second floor in an upward direction, which will make tagging more difficult, especially with new cameras coming to the parking garages.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Culture Commission’s recommendation for an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0 and forwarding to Council for approval.

Approved by:

Nathan Houx, Acting Parks, Recreation and
Neighborhoods Director
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Safety and Communities Committee, February 12, 2024
Agreement with Three Thirty Three Arts for Public Art Mural Installation

Joseph P. Lopez, City Manager
Attachments:

1. Services Agreement with 333 Arts

2. 333 Arts Public Art Proposal
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1 AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of 2024 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and 333Arts, a California 501c3 nonprofit corporation, hereinafter referred to as “333Arts” or "CONTRACTOR".

This Agreement is made with regard to the following recitals:

A. City desires to engage 333Arts to provide services (the “Services”) consisting of installing a professional public mural (the “Mural”) on two levels of the exterior wall on the K Street side of the 10th Street Parking Garage located at 1035-1098 K. Street, Modesto, CA 95354 (the “Premises”);
B CONTRACTOR represents that it is qualified, willing, and able to provide said services;
C City of Modesto Redevelopment Successor Agency is the legal owner of the Premises;
D City has the full authority to allow installation of the Mural on the Premises; E 333Arts desires to have the Mural begin installation on the Premises in approximately Q1 2024.

NOW, THEREFORE, the parties mutually agree as follows:

1. SCOPE OF SERVICES.
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2 CONTRACTOR shall undertake and complete the work as set forth and described in the document attached hereto and referred to as Exhibit A (the “Services”).

CONTRACTOR shall perform the Services as described in Exhibit A in a manner consistent with the standards of its profession and acceptable to CITY.

2. TERM OF AGREEMENT.

This Agreement shall commence on the Effective Date and continue until completion, not exceeding 1 year from Effective Date. The CITY also retains the right to terminate this Agreement, as provided in Paragraph 10, below.

3. COMPENSATION.

The Services as described in this Agreement are provided complimentary to City courtesy of 333Arts’ client, the Brenden Mann Foundation. 333Arts shall be solely responsible for facilitating costs for the Services and Mural maintenance to be performed hereunder.

4. OBLIGATIONS OF CONTRACTOR.

Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business in the City of Modesto, California. CONTRACTOR 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. #3..
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3 5. INTEREST OF CONTRACTOR.

CONTRACTOR warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR 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.

6. INDEPENDENT CONTRACTOR.

All acts of CONTRACTOR, its agents, officers, volunteers and/or employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in the CITY except for such rights or powers expressly set forth in Exhibit A attached hereto. No agent, officer, or employee of the CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture. CONTRACTOR, its agents, officers, volunteers and/or employees are, and at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR or CONTRACTOR'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 #3..
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4 whatsoever. It is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR's personnel. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any person that an employer-employee relationship exists by reason of this Agreement.

7. ASSIGNMENT.

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

8. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier services which obtains confirmation of receipt); or (b) by facsimile, provide that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail, or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this section:
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5 FOR CONTRACTOR: Name: 333Arts
Address: 712 Bancroft Rd.

Walnut Creek, CA 94598
Attention: Sage Loring, Executive Director
Phone: 714-822-8470
Facsimile: (XXX) XXX - XXXX
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: PO Box 642
Modesto, CA. 95353
Attention: PRND Contract Administrator
Phone: (209) 577-5344
Facsimile: (209) 544-3982
Email: [email protected]

9. INSURANCE REQUIREMENTS.

The CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. The policies of 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 requested, for all of the following stated insurance policies. (a) Workers’ Compensation – in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If commercial General Liability Insurance of 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 #3..
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6 contractual, independent contractor 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) If applicable, Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 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 a substance, or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit it the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation and Professional Liability. The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR’s insurance policy (ies) shall include a provision that the coverage is primary as respects the CITY: shall include no #3..
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7 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 CONTRACTOR must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.

CONTRACTOR 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, CONTRACTOR shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

This indemnity, and duty to defend, also expressly includes premises liability for any injury or death which may occur on CONTRACTOR’s License Use Agreement for any premises, regardless of cause.

10. TERMINATION OF AGREEMENT.

Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice.

For the purposes of this section, material breach of this Agreement shall include, but not be limited #3..
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8 to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide Contractor with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
b. The Agreement price allocable to the portion of the Work properly performed
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9 Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

11. INDEMNITY.

CONTRACTOR, its agents, officers, volunteers and or employees shall defend, indemnify, and hold harmless CITY, its agents, officers, and employees from and against all claims, damages, losses, judgment, liabilities, expenses, and other costs including litigation costs and attorney's fees from every cause, including but not limited to injury to person or property or wrongful death arising directly or indirectly out of any act or omission of CONTRACTOR whether or not the act or omission arises from the negligence or other liability of CITY (except for the sole negligence or willful misconduct of the CITY), or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this Agreement.

CONTRACTOR's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
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10 12. WAIVER.

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

13. ENTIRE AGREEMENT.

This Agreement, including any exhibits hereto, contains the entire understanding and agreement of the parties hereto with respect to the services to be provided to CITY by CONTRACTOR. All previous proposals, offers and the communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

14. AMENDMENT.

Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement, for CITY or CONTRACTOR to modify the scope of services or any other term provided for under this Agreement. Any amendment or change shall be discussed with CITY and the change shall be memorialized in a written amendment. This Agreement may not be modified without a duly executed, written amendment by the Parties.

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

16. GOVERNING LAW.

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

17. HEADINGS NOT CONTROLLING.

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

18. COMPLIANCE WITH LAWS.

CONTRACTOR shall fully comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to, all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Refer to Exhibit B for detail pertaining to requirements for finger printing of staff and background checks.

19. CITY BUSINESS LICENSE.

CONTRACTOR will have a valid City of Modesto business license. #3..
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12 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2024 and 333Arts, has caused this Agreement to be duly executed.
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13 “EXHIBIT A”

SCOPE OF WORK

MURAL INSTALLATION
This Scope of Work for a mural installation (“Scope of Work”) between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and 333Arts, a California 501c3 nonprofit corporation, hereinafter referred to as “333Arts” or "CONTRACTOR". City and 333Arts may be referred herein individually each as a “Party” or collectively as the “Parties”.

1. MURAL INSTALLATION PHASE.
a) The Mural installed at the Premises will be a close representation of the Design Comp approved by City. Some minor details in the Mural will be subject to the Artist’s discretion during installation and may not precisely mirror the approved Design Comp.
b) City authorizes the Artist, 333Arts, and their personnel to access the Premises as necessary to facilitate and complete installation of the Mural. c) 333Arts is responsible, at 333Arts’ cost, for obtaining any permits required to allow installation of the Mural at the Premises prior to commencement of installation. City will work with 333Arts to ensure 333Arts has obtained all City required permits, approvals, and safety equipment necessary for installation of the Mural.
d) 333Arts shall ensure that the Artist will not leave any materials that may litter the public area when Services are being performed and no equipment or waste material shall be left upon the Premises after the period of installation of the Mural.

2. OWNERSHIP OF MURALS AND PORTABLE ARTWORKS.

Title to and ownership of the Mural shall transfer to City upon completion of the Mural installation.

3. RIGHTS OF REPRODUCTION; LICENSE.
a) Copyright and Retained Rights. Except as provided herein, the Artist retains all copyrights to their Design Comp and Mural, the right to claim authorship of their Design Comp and Mural, and every right available to the Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproduction of their respective Design Comp or Mural except as those rights are limited by this Scope of Work. The Artist retains all copyright in and to all creative elements of their Design Comp and Mural and all rights to display, reproduce, adapt, distribute and offer for sale three-dimensional and two-dimensional copies of their Design Comp and Mural for any purpose, subject to City’s limited rights set forth in section 6.b and 6.c below.
b) Display and Reproduction License. City, and its successors, affiliates, agents and representatives (each a “Licensee” and collectively “Licensees”) are granted an irrevocable, perpetual, exclusive other than as to the Artist, royalty-free, world-wide license to publicly display and exhibit the original Mural on this one-time only reproduction painted directly onto the Premises. Reproductions of the Mural shall be limited to City’s use of any photograph or other two-dimensional depictions, the primary purpose and effect of which is to depict the Mural itself (a “Primary Depiction”) in a reasonable and tasteful #3..
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14 manner in promotional, publicity or informational materials about the project, City’s art collection or cultural programs, or 333Arts’ role in creation of the Mural project; no other reproductions of the Mural are permitted. Other than as provided herein, Licensees shall not make use of any Primary Depiction for any other purpose. In particular, without limitation, the license does not include, and the Artist’s prior written consent shall be required in each instance with respect to, any use of Primary Depiction for merchandising, as a logo or trademark, to promote any cause or any commercial brand, product or product line, or for any political purpose. Each Primary Depiction shall faithfully depict the Mural as originally designed by the Artist, without material alterations or changes.
c) Incidental Depictions. The terms of the preceding subsection (b) of this Section 6 shall not apply to any photograph or depiction of a Premises (or any portion thereof) in which the appears in a purely incidental manner, i.e., where the purpose is to depict the overall Premises or elements thereof other than the Mural itself, and the Mural is not the focus of the depiction but rather only appear because it happens to be in or adjacent to the area of interest; and Licensees shall be free to use or license others to use any such incidental photograph or depiction for any purpose, without restriction.

4. MURAL CARE & LIFESPAN.

City acknowledges that the Mural is for public benefit and enjoyment in Modesto, CA. 333Arts will coat the Mural with a UV and anti-graffiti protective coating which shall keep the colors and design free from fading for approximately 5-7 years. It is recommended that the protective coating be applied every 5-7 years for optimal protection against fading. However, with the Mural facing North and consideration with the colors to be used in the Mural, the risk of sun damage is even further minimized and may not have any noticeable fading for 10+ years.

City agrees to notify 333Arts in writing of any damages to the Mural. If minor repairs are needed to be made to the Mural due to graffiti vandalism, City will consult with 333Arts on repairing damages to the Mural. With the protective coating on the Mural, minor graffiti damage can generally be repaired by City staff with a special solvent that will be supplied by 333Arts to City and pressure washed off.

If other damage occurs that requires any portion of the Mural artwork to be repaired, and within reason, for a period of 3 years after installation of the Mural 333Arts will repair the minor damage at no cost to City. If damage occurs to the Artwork in which 333Arts deems as major damage, the Parties agree that City has the authority to remove the Mural in full and City will cover all costs related to removal of the Mural. City agrees that Artist, 333Arts, the Brenden Mann Foundation, and their respective officers, members, agents, and employees are not responsible for replacing the Mural in full or in part.

City agrees that no alterations will be made to the Mural including obstructions or placement of signage, whether permanent or temporary, directly attached or partially attached to any portion of the Mural that would detract from the appearance, artistic impression, or enjoyment of the Mural.

5. MURAL WARRANTY.

Local Edition will guarantee the Mural and offer a warranty for 6-months after completion of installation on any defects resulting from paint degradation. The warranty covers the cost of Mural paint, paint supplies, and labor only. The warranty excludes fading or damage to any Mural due to other elements such as prolonged direct sunlight, trapped moisture, heat, scrapes, dings, vandalism, or other natural or human elements the Mural may be exposed to. The warranty also excludes the cost of any necessary permits or other fees that may be required in order to repair a Mural. #3..
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15 6. REPUTATION AND CREDIT.

City agrees to use commercially reasonable efforts to ensure that all references to and reproductions of the Mural shall credit the Artist and all formal references to the Mural or authorized to be made by City shall also include credit to 333Arts and the Brenden Mann Foundation with the following statement: “Project produced by Three Thirty Three Arts and Brenden Mann Foundation”.

7. MURAL DE-INSTALLATION.
a) Attribution. If any alteration or damage to the Mural occurs after installation, whether intentional or accidental and whether done by City or others, without the respective Artist's consent, the Artist shall have the right to disclaim authorship of their Mural in accordance with Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d) (VARA) and the California Art Preservation Act (Cal. Civil Code §§ 987 and 989) (CAPA), in addition to any remedies the Artist may have in law or equity under this Scope of Work. The Artist will enter into a written agreement with 333Arts that waives any and all other potential claims by the Artist arising at any time and under any circumstances against City and 333Arts, its officers, members, agents, employees, successors and assigns, arising from VARA or CAPA. In the event the Artist disclaims authorship of the Mural, upon written request by the 333Arts, City shall remove any identification plaque and all attributive references to the Artist at City’s own expense within 30 days of receipt of the notice. No provision of this Scope of Work shall obligate City to alter or remove any such attributive reference printed or published prior to City’s receipt of such notice. The Artist may take such other action as the Artist may choose in order to disavow the Mural.
b) Destruction. Notwithstanding any rights accorded under VARA, CAPA or any similar local, state, federal or international moral rights laws (collectively, “Moral Rights Laws”), City shall have the right to de-install, discard, and/or destroy the Mural and City agrees to discard the Mural in its entirety. If City decides to exercise such right, City shall endeavor to provide 333Arts with 60 days written courtesy notice in order that 333Arts and the Artist are made aware of the de-installation. c) Relocation. It is acknowledged that each Mural is site-specific and was created to be installed and shown only at the Premises, and that the Premises creates a context that is an integral part of the Mural.

8. NON-CIRCUMVENTION.

City understands and acknowledges that as a material term of this this Agreement that City, its members, subsidiaries and owners, shall be prohibited from entering into any agreement with the Artist or any of Artist’s representatives for any future services or project not directly connected to the Services for a period of five (5) years following the date the Services were completed. All such future projects or deals with the Artist from the date of this Scope of Work and for a period of five (5) years after the Services were completed at the Premises must go through 333Arts.

9. In the event that there is a conflict between this Agreement and Chapter 22 of Title 4 of the Modesto Municipal Code, “Public Art”, Chapter 22 shall control. #3..
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“EXHIBIT B”

SCOPE OF WORK

MURAL INSTALLATION
Mural Design Comp Rendering
Mural Narrative -
The Brenden Mann Foundation and Three Thirty Three Arts have embarked on a mural project comprised of a series of designs rendered in the popular Manga style with a goal to render several (approximately five) large-scale murals across select Northern CA cities. Japanese inspired illustrative work is widely popular these days and has increased in popularity over a huge demographic that spans race, age, and socioeconomic status. Manga is especially popular within the age range of tweens through adults in their 30s which is fairly uncommon for an art form to reach popularity across such a broad range. #3..
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City of Modesto, CA

PARKING STRUCTURE MURAL
Presented By
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Confidential and proprietary materials for authorized persons only.

Use, disclosure or distribution of this document is not permitted to any unauthorized persons or third parties except by written agreement with Three Thirty Three Arts.

PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

11.01.23 PROJECT OVERVIEW
Project Origin & Funding
This project has been initiated by Johnny Brenden, CEO of Brenden Theatres, and funded by the Brenden Mann Foundation. With his movie theatre being the epicenter of cinema entertainment for Modesto’s Downtown, Johnny has been a longtime supporter of the community and the arts. Johnny would like to contribute this mural project to further the public art efforts being made that benefit the community and highlight Modesto as a city embracing public art.

Project Management & Timeline
Three Thirty Three Arts is a 501c3 nonprofit organization volunteer-led by the team of Local Edition Creative. Local Edition is known for developing and producing high quality art installations and experiences. Three Thirty Three Arts will manage the project and be the primary point of contact for all project communications. Their team will oversee the entire process including logistics, pre and post production, timeline, and budget. The anticipated project start date is Q1 of 2024 and will take approximately 10 days to complete.

Artwork Care & Lifespan
The mural will be sealed with a professional high quality UV The coating will enable the artwork to maintain its vibrancy for at least 5 years before another coating will need to be applied.

No maintenance will be necessary unless minor repairs are needed due to damage. Three Thirty Three Arts will work with Johnny to ensure the artwork’s quality is maintained while it remains on public display.
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ABOUT THE PRODUCTION COMPANY: THREE THIRTY THREE ARTS
Three Thirty Three Arts (333 Arts) is a volunteer-managed organization that uses creativity to collaborate with communities and artists through public participation projects. We also occasionally partner with other foundations to create large-scale public artworks. 333 Arts is the nonprofit arm of Local Edition Creative, a for-profit art production and arts experiences agency. Our leadership team has decades of experience working in the public art forum thus providing our nonprofit organization with deep knowledge and expertise in various types of projects as well as the business acumen to successfully collaborate with our clients including municipalities, tourism organizations, businesses, foundations, and community representatives.

Utilizing art as our vehicle, we help create a sense of shared cultural identity within a community, we provide opportunities for collaboration amongst a wide demographic of creative participants, particularly underserved ones, and we're able to showcase the ties that bind us through art. We draw inspiration from the profound impact of the arts in shaping culture and driving social change. We recognize the unique ability of artistic expression to transcend language barriers, ignite dialogue, and evoke powerful aspirations. We believe that by integrating the arts, we create a dynamic platform for cultural transformation, fostering inclusivity, understanding, and empathy within diverse communities.

Rotary Clubs of Oakland Project Samuel Merritt University Project Kaiser Permanente Project Confidential and proprietary materials for authorized persons only.

Use, disclosure or distribution of this document is not permitted to any unauthorized persons or third parties except by written agreement with Three Thirty Three Arts.

PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

11.01.23 #3..
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PROPOSED MURAL LOCATION
1035 - 1098 K St.

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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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MURAL LOCATION BIRD’S-EYE VIEW
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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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DESIGN OBJECTIVES
‣ Color palette of black, white, red, grey, and blue
‣ Inspired by graphic novel art (Manga, Sin City, etc.) ‣ Coverage to span top two tiers of parking structure
‣ Targeted installation date: TBD; Q1 2024 anticipated
‣ To enhance the parking structure facade nearby Brenden Theatres by adding an entirely new style of public art that is not currently on display in Modesto Confidential and proprietary materials for authorized persons only.

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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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NARRATIVE
The Brenden Mann Foundation and Three Thirty Three Arts have embarked on a mural project comprised of a series of designs rendered in the popular Manga style with a goal to render several (approximately five) large-scale murals across select Northern CA cities. Japanese inspired illustrative work is widely popular these days and has increased in popularity over a huge demographic that spans race, age, and socioeconomic status. Manga is especially popular within the age range of tweens through adults in their 30s which is fairly uncommon for an art form to reach popularity across such a broad range.

For continuity of the artwork style and to make the story compelling and cohesive, it is important to have the same artist create the artwork. Our current two mural locations, one in Oakland and one in Concord, have received huge praise by the public and city dignitaries alike. We hope this location in Modesto will be location #3! Additional Thoughts on the Public Art Experience
Once five walls have adopted the larger than life comic panel Manga strips, our team is considering creating an augmented reality overlay that will animate each mural. We are also considering creating a “zine” as an accompaniment.

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Use, disclosure or distribution of this document is not permitted to any unauthorized persons or third parties except by written agreement with Three Thirty Three Arts.

PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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ART DIRECTION / DESIGN COMP
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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

11.01.23 © 2023 Copyright Mural Artwork Design by John Horton #3..
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ABOUT THE ARTIST: JOHN HORTON
John Horton has over 20 years of experience as a multidisciplinary artist. Residing in Sacramento, CA, he spent many years working as an artistic director and digital designer for an agency before embarking on a career as a full-time artist. John has the ability to render numerous styles. Whether it’s with spray paint, a brush, or digital artwork, he is equally skilled in rendering high-end work.

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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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MURAL @ BRENDEN CONCORD THEATRES
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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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MURAL @ BRENDEN CONCORD THEATRES
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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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MURAL IN OAKLAND
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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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ESTIMATED PROJECT BUDGET
$1,500 - Design fee (already paid to artist)
$11,000 - Artwork installation including priming, mural install, and protective coating labor $3,200 - Paint, protective coating product, and mural supplies $3,500 - Boom lift rental
$1,800 - Hotel budget for artist
$2,500 - Project management and coordination
Sub-total = $23,500*
* Budget does not include any potential city fees such as permits or protective barriers Confidential and proprietary materials for authorized persons only.

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PARKING GARAGE MURAL PROJECT

CITY OF MODESTO, CA

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THANK YOU

BRENDEN MANN FOUNDATION &

THREE THIRTY THREE ARTS
Website: 333arts.org • IG: @333arts_ • Mailing Address: 712 Bancroft Rd. #278, Walnut Creek, CA 94598 Contact: Sage Loring, Executive Director, Three Thirty Three Arts • Email: [email protected] • Phone: 714.822.8470 #3..
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