DISCUSSION:
Staff recommends entering into a two (2) year agreement, with a one (1) year extension option, with Nynox Solutions for SmartSearch implementation. This includes:
One-time initial setup and training ($75,000)
Annual support and licensing ($60,000 per year)
The total contract value will not exceed $255,000 over the three (3) year term.
Key benefits of SmartSearch include:
Accurate, AI-enhanced results that reduce resident frustration Fewer support calls to City departments
Enhanced digital equity and access for all residents improving the website visitor experience
The SmartSearch solution will be implemented in a phased approach in FY 2024–25 with full deployment and staff training completed by the fourth quarter (Q4) of 2025.
After soliciting proposals from Nynox, Oracle, and OpenAI, we recommend proceeding with Nynox. Based on City staff’s review, Nynox offers a complete solution with a $75,000 setup and $60,000 annual support, providing in-house management of both implementation and maintenance, making it the most financially and operationally sustainable option.
In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval to implement and support an AI-powered search engine to NyNox Solutions conforms to Modesto Municipal Code 8-3.204, subsection (a) as Nynox will be providing professional services and at least three (3) informal proposals were solicited.
FISCAL IMPACT:
The total cost of the three-year agreement is estimated to be $255,000, to be paid in annual installments as follows:
YEAR AMOUNT
1 (2024–25) Implementation + Annual support and licensing $135,000 2 (2025–26) Annual support and licensing $60,000
3 (2026–27) Annual support and licensing $60,000
TOTAL $255,000
This expenditure will be fully funded using the Information Technology Fund. There are sufficient funds available in the current Fiscal Year 2024-25 operating budget for implementation and the costs related for annual support and licensing are included as part of the proposed Fiscal Year 2025-26 Information Technology Fund operating budget. #16..
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City Council, June 10, 2025
Purchase Agreement with Nynox Solutions for an AI Powered Search Engine
COMMITTEE RECOMMENDATION:
This item was previously heard by Finance Committee on April 21, 2025, and recommended the item be forwarded to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Agreement with Nynox Solutions, Princeton, NJ, to implement and support an AI-powered search engine for a total amount not to exceed $255,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Dameon Booker, CIO
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Nynox SOW
3. Exhibit A – Smart Search Proposal/Pricing
4. CA Levine Act
5. Financial Interest Disclosure
6. Bid Waiver
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION APPROVING AN AGREEMENT WITH NYNOX SOLUTIONS,
PRINCETON, NJ, TO IMPLEMENT AND SUPPORT AN AI-POWERED
SEARCH ENGINE FOR A TOTAL AMOUNT NOT TO EXCEED $255,000 OVER
THREE YEARS AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto has identified the need to modernize and improve the search functionality on its website to enhance user experience and access to public information; and
WHEREAS, the current website search function yields a high number of irrelevant results across over 22,000 web pages and 3,000 PDFs, making it difficult for residents to find meaningful information; and
WHEREAS, City staff solicited informal proposals from three qualified vendors, including OpenAI, Oracle, and Nynox Solutions, in compliance with Modesto Municipal Code 8-3.204(a); and
WHEREAS, OpenAI did not respond and Oracle proposed a higher-cost solution requiring third-party support, while Nynox Solutions provided the most responsive and cost-effective proposal for implementation and annual support of its SmartSearch platform; and
WHEREAS, Nynox Solutions SmartSearch platform offers Artificial Intelligencepowered contextual results, adapts to evolving content, and aligns with the City’s Strategic Plan to improve digital services and accessibility; and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if #16..
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2 competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval to implement and support an AI-powered search engine to NyNox Solutions conforms to Modesto Municipal Code 8-3.204, subsection (a) as Nynox will be providing professional services and at least three (3) informal proposals were solicited; and
WHEREAS, the proposed agreement includes a one-time setup and training cost of $75,000 in the first year, plus $60,000 annually for support; and WHEREAS, licensing for year two will be $60,000; and
WHEREAS licensing for optional year three will be $60,000, for a total contract value not to exceed $255,000; and
WHEREAS, funding for this agreement will be provided through the Information Technology Fund and is available in the Fiscal Year 2024-25 operating budget and proposed FY 2025-26 and 2026-27 budgets.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement with Nynox Solutions, Princeton, New Jersey, for the implementation and support of an AI-powered search engine for a total amount not to exceed $255,000 over three years, as set forth in Exhibit A, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June, 2025, by ___________________, who #16..
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3 moved its adoption, which motion being duly seconded by ___________________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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SmartSearch Engine Integration
Scope of Work (SOW)
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CITY OF MODESTO
SmartSearch Engine Integration
Scope of Work
April 8, 2025 | Version 2.0
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SmartSearch Engine Integration
Scope of Work (SOW)
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DOCUMENT CONTROL
Authors Name Title Date
Prepared Win Pe COO 03/27/2025
RELEASE INFORMATION
Document Name Scope of Work (SOW) – City of Modesto SmartSearch Engine
Integration
Version Date
Released
Pages Affected Remarks
1.0 03/27/2025 All Initial Release
2.0 04/08/2025 Few Pages Final Release
CONTACT DETAILS
Matthew Adebayo – Chief Executive Officer Win Pe – Chief Operating Officer Telephone Email Telephone Email
+1 609 865-5703 [email protected] +61 0418 266 718 [email protected] Nynox Solutions North America 33-2459643. The material contained in this document, including all attachments, is the copyright of Nynox Solutions.
Table of Contents
1. INTRODUCTION.........................................................................................................................................6 #16..
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2. BACKGROUND ..........................................................................................................................................6
3. SCOPE OF SERVICES..............................................................................................................................6
3.1 Planning & Requirements.................................................................................................................6
3.2 Infrastructure Setup ...........................................................................................................................6
3.3 Data Collection & Processing..........................................................................................................6
3.4 SmartSearch Engine Development ................................................................................................7
3.5 Integration & Implementation ..........................................................................................................7
3.6 Testing & Quality Assurance ...........................................................................................................7
3.7 Deployment & Go-Live.......................................................................................................................7
3.8 Maintenance & Support.....................................................................................................................7
4. OUT OF SCOPE .........................................................................................................................................8
5. PROJECT TIMELINE.................................................................................................................................8
6. PROJECT MANAGEMENT.......................................................................................................................9
6.1 Project Governance Structure.........................................................................................................9
6.2 Project Phases.....................................................................................................................................9
6.3 Communication Plan........................................................................................................................10
7. PROJECT DELIVERABLES...................................................................................................................10
8. CHANGE MANAGEMENT ......................................................................................................................12
8.1 Change Request Process ...............................................................................................................12
8.2 Change Review Board .....................................................................................................................13
8.3 Change Request Timeline...............................................................................................................13
9. PROJECT RISKS .....................................................................................................................................13
9.1 Flexibility and Scope Management ..............................................................................................13
9.2 Cost and Scope Management........................................................................................................14
9.3 Key Risk Factors...............................................................................................................................14
10. ASSUMPTIONS AND RESPONSIBILITIES ......................................................................................14
10.1 Planning and Administration.......................................................................................................14
10.2 Project Management Responsibility..........................................................................................15
10.3 Technical Responsibilities ...........................................................................................................15 #16..
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11. IMPLEMENTATION APPROACH........................................................................................................16
11.1 Implementation Methodology......................................................................................................17
11.2 Quality Assurance Approach ......................................................................................................17
12. TECHNICAL SPECIFICATIONS..........................................................................................................17
12.1 Search Engine Architecture.........................................................................................................17
12.2 Performance Requirements .........................................................................................................17
12.3 Integration Requirements.............................................................................................................18
13. ACCEPTANCE CRITERIA....................................................................................................................18
13.1 Functional Acceptance Criteria...................................................................................................18
13.2 Acceptance Testing Process.......................................................................................................18
13.3 Acceptance Sign-off.......................................................................................................................19
14. SERVICE LEVEL AGREEMENTS.......................................................................................................19
14.1 System Availability.........................................................................................................................19
14.2 Performance Metrics......................................................................................................................19
14.3 Support Response Times .............................................................................................................19
15.4 Monitoring and Reporting ............................................................................................................19
15. INTELLECTUAL PROPERTY RIGHTS..............................................................................................20
15.1 Ownership ........................................................................................................................................20
15.2 Licensing Terms .............................................................................................................................20
15.3 IP Indemnification...........................................................................................................................20
16. DATA SECURITY AND PRIVACY ......................................................................................................20
16.1 Data Protection Measures ............................................................................................................20
16.2 Compliance Requirements...........................................................................................................20
16.3 Data Handling Procedures ...........................................................................................................21
16.4 Security Auditing............................................................................................................................21
17. WARRANTY............................................................................................................................................21
17.1 Service Warranty ............................................................................................................................21
17.2 Software Warranty..........................................................................................................................21
17.3 Exclusions........................................................................................................................................21 #16..
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17.4 Third-Party Components ..............................................................................................................21
18. DISASTER RECOVERY AND BUSINESS CONTINUITY ...............................................................22
18.1 Backup and Recovery ...................................................................................................................22
18.2 Business Continuity.......................................................................................................................22
18.3 Disaster Recovery Testing...........................................................................................................22
19. PRICING AND SUBSCRIPTION PLANS ...........................................................................................22
19.1 Implementation Cost......................................................................................................................22
19.2 Ongoing Support ............................................................................................................................23
19.3 Optional Add-Ons...........................................................................................................................23
20. PAYMENT TERMS.................................................................................................................................24
20.1 Implementation Fees .....................................................................................................................24
20.2 Subscription Fees...........................................................................................................................24
20.3 Optional Add-Ons...........................................................................................................................25
20.4 Payment Methods...........................................................................................................................25
20.5 Late Payments.................................................................................................................................25
21. SIGNATORY PAGE...............................................................................................................................25
1. INTRODUCTION
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City of Modesto
SmartSearch Engine Integration
Scope of Work (SOW)
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This Scope of Work (SOW) outlines the services for implementing SmartSearch Engine, an AIpowered contextual search solution, to be provided by Nynox Solutions (Nynox) for the City of Modesto (CoM) main website modestogov.com. The objective is to deliver precise, context-aware search results utilizing advanced Generative AI. By integrating SmartSearch directly with the city's main website, it will enhance citizen engagement, improve access to critical information, and streamline service delivery. This intelligent search will reduce frustration, minimize response times, and empower residents with quick, accurate answers to their needs — whether it's finding local resources, accessing permits, or getting real-time city updates.
2. BACKGROUND
The City of Modesto seeks to ensure that its citizens receive the most relevant information instantly, enhancing discovery, engagement, and their overall experience when accessing the City's website.
The current search functionality lacks contextual understanding and often returns irrelevant results, leading to citizen frustration and increased call volumes to city departments for information that should be readily accessible online.
3. SCOPE OF SERVICES
Nynox shall provide the following services for integrating SmartSearch Engine into City of Modesto main website modestogov.com:
3.1 Planning & Requirements
Conduct thorough requirement gathering sessions with key stakeholders Document search functionality requirements and success metrics Define specific use cases and user journeys
Create detailed technical specifications
Establish performance benchmarks
3.2 Infrastructure Setup
Set up Nynox-Managed Infrastructure
Configure hosting environments (development, testing, production) Establish network connectivity and security protocols Set up monitoring and alerting systems
Configure backup and recovery mechanisms
3.3 Data Collection & Processing
Inventory and analyze existing website content
Develop content extraction and indexing strategy
Implement data cleansing and normalization procedures Create and optimize vector embeddings for AI search
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Establish metadata tagging conventions
3.4 SmartSearch Engine Development
Develop core search algorithm customized to CoM requirements Implement contextual understanding capabilities
Create natural language processing interface
Build relevance ranking system with municipal focus
Develop result filtering and categorization features
3.5 Integration & Implementation
Integrate SmartSearch with modestogov.com
Implement search UI/UX elements
Configure search result display templates
Enable analytics and reporting features
3.6 Testing & Quality Assurance
Conduct functional testing across multiple devices and browsers Perform performance and load testing
Execute security and vulnerability assessments
Conduct user acceptance testing
Verify analytics and reporting accuracy
3.7 Deployment & Go-Live
Develop detailed deployment plan
Execute production deployment
Conduct post-deployment validation
Monitor system performance
Address any immediate issues
3.8 Maintenance & Support
Provide ongoing system monitoring
Implement regular updates and improvements
Conduct periodic performance reviews
Provide technical support
Review and optimize search patterns
4. OUT OF SCOPE
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SmartSearch Engine Integration
Scope of Work (SOW)
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The following items are specifically excluded from this SOW:
Set up infrastructure for Self-Hosted Infrastructure
Data extraction or indexing from external websites linked from the main website Development of new content for the City of Modesto website Training of end-users (citizens) on search functionality Integration with internal city systems not directly connected to the website Custom mobile application development
Offline search capabilities
Historical content archiving older than 7 years
Support for non-standard or end-of-life browsers
Print-optimized search results
5. PROJECT TIMELINE
Nynox shall undertake the services according to the following indicative timescales subject to further analysis and requirements:
Activity Week No. Detailed Activities
Planning & Design 1
- Project kickoff
- Requirements gathering
- Technical planning
- Environment setup
Development 2-3
- Core search development
- Integration with website
- UI implementation
- Initial data collection and indexing
Testing (Nynox) 4
- Internal QA testing
- Performance testing
- Security testing
- Bug fixes
Testing (CoM) 5
- User acceptance testing
- Stakeholder reviews
- Final adjustments
Cut-over & Go-live 5
- Production deployment
- Go-live verification
- Initial performance monitoring
Hypercare 6+ - Post-launch support
- Performance optimization
6. PROJECT MANAGEMENT
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City of Modesto
SmartSearch Engine Integration
Scope of Work (SOW)
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Nynox and City of Modesto shall take an approach to project implementations that empower CoM to acquire knowledge and actively participate in key decisions through every phase of the engagement.
The implementation is flexible and dynamic, allowing for quick, iterative releases that will enable CoM to realize rapid time to value.
A core objective of the approach in implementation will be to achieve City's services readiness and end-user adoption, while ensuring risk management and proper project management discipline throughout.
6.1 Project Governance Structure
The project will utilize the following governance structure:
6.1.1 Executive Steering Committee
Meeting Frequency: Monthly
Participants: Project Sponsors, Project Directors, Key Stakeholders Purpose: Strategic oversight, issue escalation, major decision approval
6.1.2 Project Management Team
Meeting Frequency: Weekly
Participants: Project Managers from Nynox and CoM, Team Leads Purpose: Tactical oversight, progress tracking, risk management
6.1.3 Technical Working Group
Meeting Frequency: Bi-weekly
Participants: Technical Leads, Subject Matter Experts Purpose: Technical decision-making, standards alignment, architecture validation
6.1.4 Implementation Team
Meeting Frequency: Daily stand-ups
Participants: All project team members
Purpose: Day-to-day coordination, issue identification, task management
6.2 Project Phases
The key project phases include:
1. Planning & Design
2. Development (Build)
3. Testing
4. Deployment
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5. Hypercare
During the Planning & Design phases, Nynox will collaborate with City of Modesto to map out the key use cases and make fundamental decisions about search design to optimize overall performance and user experience.
Business requirements are broken down into discrete pieces of functionality called User Stories, and the User Stories are prioritized to ensure the most critical functionality is delivered first. Development is split into phases called 'Sprints', and progress is measured over each sprint to identify as early as possible any risk of missing the final deadline. During the development, or the build phase, agile principles are applied where practical, aiming to improve the quality of the end product by involving the business throughout the process.
6.3 Communication Plan
Communication
Type Frequency Format Participants Owner
Status Reports Weekly Written report with
dashboard Project Team, Stakeholders Nynox PM
Executive Updates Monthly Presentation Executive Sponsors, Steering Committee
Nynox PM, CoM
PM
Team Meetings Daily Stand-up Implementation Team Nynox Team Lead
Technical Reviews Weekly Working session Technical Team Nynox Technical Lead
Risk Reviews Bi-weekly Meeting Project Management Team Nynox PM, CoM PM
User Testing
Feedback As needed Report Project Team CoM Testing Lead
7. PROJECT DELIVERABLES
The project deliverables, with noted responsibility, are listed below and are aligned with the project phases:
Project Phase Deliverables (Responsibility) Milestone
Planning
- Project Kick Off (Nynox)
- RACI Log (Nynox)
- Requirements Document (CoM)
- User Stories (Nynox)
- Project Plan (Nynox)
- Communication Plan (Nynox)
- Project Start (Kick Off)
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Project Phase Deliverables (Responsibility) Milestone
Design & Refinement
- Evaluate data system's access,
integration, and storage requirements
(Nynox)
- Define Output format (CoM)
- Baseline existing search results &
performance (Nynox & CoM)
- Set up Nynox accounts for system access
- Design Document (Nynox)
- Data flow between system components
(Nynox)
- Implementation Plan (Nynox)
- RAID Log (Nynox)
- Technical Architecture Document (Nynox)
- Security Design Document (Nynox)
- Acceptance of User Stories,
Design and Implementation Plan
Development/ Build
Sprints (1-x)
- Set up SmartSearch website (Nynox)
- Data Collection & system training (Nynox)
- Redirect website endpoints to
SmartSearch (Nynox)
- Set up incremental refresh (Nynox)
- Sprint Reviews (Nynox)
- Sprint Testing (CoM)
- Test Issue Tracker (CoM logs issues)
- Test Plan (CoM)
- Test Objectives Definition and/or Test
Search Queries Creation (CoM)
- RAID Log (Nynox)
- Developed Features (Nynox)
- Sprint Reviews Sprints (1-x)
Delivery of each Sprint
- Acceptance of Sprint
Deliverables
Test (UAT - CoM IT)
- Documented UAT results (CoM),
- Test Issues logged (in Test Issue Tracker)
(CoM),
- Test Issues resolution notes (in Test
Issue Tracker) (Nynox),
- UAT Acceptance/ sign-off (CoM),
- User Story Acceptance (CoM)
- Performance Test Results (Nynox)
- Security Test Results (Nynox)
- UAT Acceptance
Deployment
- Documentation to approve deployment
(CoM)
- Deployment Plan (Nynox)
- Rollback Plan (Nynox)
- Go-Live Checklist (Nynox)
- Production Deployment Report (Nynox)
- Go/ No Go Decision,
- Production deployment
Hypercare - Track system: Uptime, errors, usage &
workload (Nynox) - Throughout project duration
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SmartSearch Engine Integration
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Project Phase Deliverables (Responsibility) Milestone
- Post implementation support for issue
resolution (Nynox)
- Review search phrases weekly / fine tune
SmartSearch model (Nynox)
- Optimize performance as required
(Nynox)
- Review usage stats (Nynox)
- Conduct admin user training (Nynox)
- Daily Project Delivery team meetings
(Nynox + CoM)
- Weekly Project Status (Nynox)
- RAID Log (Nynox + CoM)
- Team meeting recordings (Nynox)
- Daily Test Meetings (CoM + Nynox)
- Performance Reports (Nynox)
- Tuning Recommendations (Nynox)
Close
- Project Close (Nynox)
- Lessons Learned Document (Nynox &
CoM)
- Knowledge Transfer Documentation
(Nynox)
- Final Project Report (Nynox)
- Transition to Operations Plan (Nynox)
- Project Closure Approval
8. CHANGE MANAGEMENT
8.1 Change Request Process
Should the need arise for a Change Order, Nynox and CoM will work collaboratively to agree on the scope, details and prioritization of the change.
In the event of a Change Order, Nynox will provide an addendum to this SOW, including:
Summary of change
Rationale for the change
Estimated work effort and proposed resource allocation with corresponding cost Impact assessment on timeline, scope, and budget
Dependencies and risks introduced by the change
Implementation approach for the change
City of Modesto will provide formal sign off for the Change, ahead of Nynox commencing the work.
8.2 Change Review Board
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SmartSearch Engine Integration
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A Change Review Board (CRB) will be established to evaluate and approve all change requests. The CRB will include:
CoM Project Manager
Nynox Project Manager
CoM Technical Lead
Nynox Technical Lead
Additional stakeholders as needed based on the nature of the change
8.3 Change Request Timeline
Activity Timeframe
Change Request
Submission As needed
Initial Impact
Assessment Within 3 business days
Detailed Analysis Within 5 business days for simple changes; 10 business days for complex changes
Change Approval
Date
Assess impact on the current scope of work and determine when change needs to be approved (specific date) without impacting on the on-going project nor cause major delays.
CRB Review Weekly or as needed
Change
Implementation As scheduled following approval
9. PROJECT RISKS
9.1 Flexibility and Scope Management
The agile nature of the implementation means that requirements can be re-prioritized during the course of the project. Throughout the project, the project team must be able to react quickly and adjust the course. Time, scope, and resources will be closely monitored and managed throughout the engagement. The project team will collaboratively decide how to re-allocate time, edit scope and reassign resources should the project require this.
9.2 Cost and Scope Management
The price estimate for this project has been provided based on the information reviewed to date. The parties acknowledge that certain objectives and deliverables may require intermediate steps that are not identified or performed until the services have progressed to a certain point. As a result, the timeline and scope of services may need to be adjusted during the term of this SOW based on such unknowns. If necessary, the project delivery team, including CoM will agree on a change order in the event of a significant change that impacts cost.
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9.3 Key Risk Factors
Risk Probability Impact Mitigation Strategy
Data quality issues in existing
website content Medium High Early content audit; develop data cleansing procedures Integration complexity with
existing website Medium High Conduct detailed technical discovery; plan for additional integration time User adoption challenges Low Low Engage stakeholders early; develop training materials; implement feedback mechanisms
Performance issues with
large data volumes Low High Implement robust performance testing; design for scalability Security vulnerabilities Low High Conduct security assessments; implement security best practices
Staff availability constraints Medium Medium Identify key resources; establish backup personnel; document knowledge
Scope creep High Medium Implement robust change management process; prioritize requirements
Technology limitations Low Medium Conduct technical feasibility assessment; identify alternatives
Timeline delays Medium Medium Build buffer into project plan; identify acceleration options
Budget constraints Low High Regular budget tracking; early identification of potential overruns
10. ASSUMPTIONS AND RESPONSIBILITIES
10.1 Planning and Administration
Nynox project delivery team will work remotely.
CoM will provide the required access to the relevant systems in a timely manner. CoM will be responsible for the review, acceptance, and sign-off of all deliverables in a timely manner.
CoM will ensure active participation in activities as and when required throughout the duration of the project.
CoM will ensure that skilled, knowledgeable, and accountable CoM project representatives attend all meetings, discussions, workshops, planning, and training sessions as required throughout the project where practical. These may include requirement workshops, daily project meetings, sprint reviews, training, and testing sessions. CoM will provide a single point of contact who will be responsible for coordinating CoM resources and making decisions on behalf of CoM.
Nynox will provide a dedicated Project Manager who will be responsible for overall project delivery.
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All project documentation will be maintained in a shared project repository accessible to both Nynox and CoM team members.
Regular status meetings will be held as defined in the Communication Plan. Approvals for deliverables will be provided within 5 business days unless otherwise agreed.
10.2 Project Management Responsibility
Unless otherwise agreed, the City of Modesto and Nynox will jointly manage the activities of the project throughout the duration of the engagement.
Specifically, Nynox will primarily focus on managing the activities of the Nynox implementation team, whilst CoM will focus on managing the activities related to the project. Nynox will also be responsible for the following Project Management Office activities throughout the duration of the project unless otherwise agreed:
o Preparation and distribution of monthly status reports throughout the lifecycle of the project.
o Communication of planned actions and activities for the following week. o Maintenance of a Risk and Issues log to communicate any risks and issues that may arise during the lifecycle of the project and to initiate any escalations required. o Delivery of a resource tracking schedule to CoM on a monthly basis for the duration of the project.
o Facilitation of all project meetings and workshops.
o Management of the change control process.
o Coordination of all project activities and dependencies. o Tracking of project progress against the agreed schedule. o Escalation of issues and risks as appropriate.
10.3 Technical Responsibilities
10.3.1 Nynox Responsibilities
Provide all technical expertise required for SmartSearch implementation Configure and maintain all Nynox-managed infrastructure Design and implement the search algorithm and AI components Develop and test all integration components
Provide technical documentation for all implemented components Troubleshoot and resolve technical issues
Implement security best practices for all developed components Provide knowledge transfer to CoM technical staff where applicable
10.3.2 CoM Responsibilities
Provide access to website infrastructure and relevant systems Provide information about existing website architecture Make available technical resources for integration activities Participate in technical design reviews
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SmartSearch Engine Integration
Scope of Work (SOW)
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Review and approve technical specifications
Provide test data and test scenarios
Conduct user acceptance testing
Identify and communicate technical issues
11. IMPLEMENTATION APPROACH
To successfully implement SmartSearch within the 6-week timeline, Nynox will deploy a crossfunctional team with expertise in AI, data engineering, web development, analytics, and customer support. Below is a breakdown of the required team members and their responsibilities across each phase.
Role Responsibilities Estimated
Effort
Project Manager Oversee implementation, manage timelines, and communicate with the customer 50%
AI/ML Engineer Implement vector embeddings, fine-tune the search model, and optimize LLM responses. 75%
Data Engineer Set up and manage the vector database, data pipelines, and API integrations. 50%
Backend
Developer
Build and optimize search indexing, API endpoints, and
authentication. 50%
Frontend
Developer
Implement search UI/UX on the customer's website, ensure seamless integration 50%
DevOps Engineer Handle deployment, monitoring, and infrastructure setup. 50% QA Engineer Perform testing (functionality, security, performance) and fix issues before go-live. 25%
Information
Architect Design taxonomy, metadata structure, and content organization 25% UX Designer Create user-friendly query results presentation 25%
11.1 Implementation Methodology
Nynox will utilize an agile implementation methodology with two-week sprints. Each sprint will include:
Sprint planning
Daily stand-ups
Sprint review
Sprint retrospective
Continuous integration and testing
11.2 Quality Assurance Approach
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Nynox will implement a comprehensive quality assurance approach including:
Automated testing for core functionality
Performance testing to ensure search speed meets requirements Security testing to identify and address vulnerabilities User acceptance testing to validate user experience
Code reviews to maintain code quality
Continuous integration and deployment pipeline
12. TECHNICAL SPECIFICATIONS
12.1 Search Engine Architecture
The SmartSearch Engine will be implemented using a modern, scalable architecture consisting of the following components:
Frontend Interface: Responsive search UI integrated with modestogov.com API Layer: RESTful APIs for search queries and administration Semantic Understanding Layer: AI-based natural language processing Vector Database: For efficient similarity search and embeddings storage Content Indexing Engine: For fast document retrieval
Analytics Engine: For tracking search metrics and performance Administration Portal: For managing search configuration and tuning
12.2 Performance Requirements
The SmartSearch Engine will meet the following performance requirements:
Search Response Time: < 500ms for 95% of queries
Indexing Latency: < 15 minutes for new content
Availability: 99.9% uptime (excluding scheduled maintenance) Concurrency: Support for 500 simultaneous users
Scalability: Ability to handle 100,000 indexed documents Browser Compatibility: Support for Chrome, Firefox, Safari, Edge (latest 2 versions) Mobile Compatibility: Responsive design for all major mobile devices
12.3 Integration Requirements
SmartSearch will integrate with the following systems:
City of Modesto website (modestogov.com) via JavaScript integration Web analytics platform for tracking search metrics
Content Management System for content indexing
Authentication system (if applicable)
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13. ACCEPTANCE CRITERIA
13.1 Functional Acceptance Criteria
The SmartSearch implementation will be considered accepted when it meets the following criteria:
1. Search functionality is fully integrated with modestogov.com
2. Search results are relevant to user queries as determined by UAT
3. All agreed features and functions are implemented and functioning correctly
4. System performs according to the defined performance requirements
5. All critical and high-priority issues identified during testing are resolved
6. Analytics and reporting features are functioning correctly
13.2 Acceptance Testing Process
The acceptance testing process will include:
1. Preparation:
o Test plan development
o Test case creation
o Test environment setup
2. Execution:
o Functional testing
o Performance testing
o User acceptance testing
o Security testing
3. Evaluation:
o Issue tracking and resolution
o Regression testing
o Final acceptance review
13.3 Acceptance Sign-off
Final acceptance will require formal sign-off from:
CoM Project Manager
CoM IT Director
CoM Website Manager
Additional stakeholders as identified by CoM
14. SERVICE LEVEL AGREEMENTS
14.1 System Availability
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Production system will maintain 99.9% availability measured monthly, excluding scheduled maintenance windows
Scheduled maintenance will be limited to off-peak hours and communicated at least 72 hours in advance
Emergency maintenance will be communicated as soon as possible
14.2 Performance Metrics
Search response time will not exceed 500ms for 95% of queries System will support at least 500 concurrent users without performance degradation Indexing of new content will complete within 15 minutes of publication
14.3 Support Response Times
Issue Severity Initial Response Resolution Target Escalation Timeline Critical 1 hour 4 hours 2 hours to management
High 4 hours 8 hours 8 hours to management
Medium 8 hours 3 business days 2 business days to management Low 16 hours 5 business days 4 business days to management
15.4 Monitoring and Reporting
System monitoring will be continuous (24/7/365)
Performance reports will be provided monthly
Incident reports will be provided within 48 hours of resolution Usage analytics will be provided monthly
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Ownership
Nynox retains ownership of all pre-existing intellectual property and the SmartSearch Engine technology
CoM retains ownership of all content, data, and customizations specific to CoM implementation Nynox grants CoM a perpetual, non-exclusive license to use the SmartSearch Engine for the duration of the subscription
15.2 Licensing Terms
SmartSearch Engine is licensed on a subscription basis License permits use on modestogov.com domain ONLY
Additional domains or usage beyond agreed limits will require additional licensing
15.3 IP Indemnification
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Nynox warrants that the SmartSearch Engine does not infringe on any third-party intellectual property rights and will indemnify, defend, and holdharmless CoM against any claims of infringement, of any nature whatsoever, related to the SmartSearch Engine, except to the extent the claim is based on CoM’s modifications to the SmartSearch Engine.
16. DATA SECURITY AND PRIVACY
16.1 Data Protection Measures
Nynox will implement the following data protection measures:
All data will be encrypted in transit and at rest
Access to data will be limited to authorized personnel only Multi-factor authentication for all administrative access Regular security audits and vulnerability assessments Timely application of security patches and updates
16.2 Compliance Requirements
The implementation will comply with:
City of Modesto security policies and standards
NIST Cybersecurity Framework
OWASP security best practices
Applicable state and federal regulations
Industry standard security protocols
16.3 Data Handling Procedures
No personally identifiable information (PII) will be collected without explicit consent Search query logs will be anonymized for analytics purposes Data retention periods will comply with CoM policies
Data access will be logged and monitored
Data breach notification procedures will be established
16.4 Security Auditing
Regular penetration testing will be conducted
Vulnerability scanning will be performed monthly
Security audit reports will be provided upon request
Security incidents will be reported immediately
17. WARRANTY
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17.1 Service Warranty
Nynox warrants that all services will be performed in a professional manner consistent with industry standards and practices. Services that do not meet this standard will be re-performed at no additional cost to CoM.
17.2 Software Warranty
Nynox warrants that the SmartSearch Engine will substantially conform to the specifications outlined in this SOW for a period of 90 days following acceptance. Nynox will promptly correct any defects identified during this warranty period at no additional cost to CoM.
17.3 Exclusions
The warranty does not cover:
Issues resulting from CoM's modification of the system Issues resulting from changes to CoM's website not coordinated with Nynox Performance issues resulting from infrastructure not under Nynox's control Issues resulting from force majeure events
17.4 Third-Party Components
For third-party components, Nynox will pass through any warranties provided by the third-party vendors to the extent possible.
18. DISASTER RECOVERY AND BUSINESS CONTINUITY
18.1 Backup and Recovery
Nynox will implement the following backup and recovery measures:
Daily incremental backups of all data
Weekly full backups
Geo-redundant storage of backups
Verification of backup integrity monthly
Recovery time objective (RTO) of 4 hours
Recovery point objective (RPO) of 1 hour
18.2 Business Continuity
Nynox will maintain a business continuity plan that includes:
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Redundant infrastructure components
Geographic distribution of critical systems
Failover mechanisms for critical services
Regular testing of failover procedures
Alternate communication channels
Escalation procedures for service disruptions
18.3 Disaster Recovery Testing
Nynox will conduct disaster recovery testing:
Annually for full system recovery
Quarterly for critical component recovery
Test results will be provided to CoM upon request
19. PRICING AND SUBSCRIPTION PLANS
The deployment of SmartSearch includes a one-time implementation cost, covering setup, integration, testing, and deployment, followed by an ongoing subscription plan for continuous use, maintenance, and support. This ensures that the solution remains optimized, up-to-date, and scalable as the organization evolves. Below is a breakdown of the pricing structure, including implementation, base plans and optional add-ons for additional functionality.
Nynox offers flexible pricing based on the website size, search volume and additional features.
19.1 Implementation Cost
Based on the proposed scope of work, the estimated implementation cost is going to be $75,000.00 USD.
This implementation cost includes:
Requirements gathering and analysis
System design and architecture
Development and customization
Integration with modestogov.com
Testing and quality assurance
Data migration and indexing
Deployment and go-live support
Project management
19.2 Ongoing Support
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Monthly recurring costs include:
System monitoring and maintenance
Infrastructure hosting and management
Security updates and patches
Performance optimization
Content indexing and updates
Technical support (standard business hours)
Basic Analytics (see additional options in Optional Add-Ons) Monthly performance reports
Quarterly system reviews
19.3 Optional Add-Ons
Add-On Description Price
Analytics*
Basic: Search volume, most
searched topics, zero result queries
(INCLUDED)
From $299 to
$699/month
*These are example descriptions;
deliverables of applicable tiers will be
defined during the client assessment
phase of the project.
Standard: Click through rates, top
clicked resources, common followup searches
Advanced: AI driven topic
clustering, resident sentiment
analysis, usage heatmaps by
demographics
Impact/Well Being: Search to
action conversion, accessibility
tracking, AI recommendations for
resource allocation
Personalized Recommendations
AI-driven content/product
recommendations based on user
behavior.
$149/month
Real-Time Crawling Instant indexing of new content
instead of scheduled updates. $199/month
API Access Custom integration into internal
applications.
From $499/month per
integration (plus
implementation costs)
Extended Support Hours 24/7 support coverage with
guaranteed response times $999/month
Multi-language Support Support for additional languages beyond English
$299/month per
language
Custom UI Elements Specialized search interfaces for
specific departments or functions
From $199/month per
custom interface
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Add-On Description Price
Enhanced Security
Additional security measures
including advanced encryption and
access controls
$399/month
* Custom pricing available for additional requirements.
20. PAYMENT TERMS
20.1 Implementation Fees
Implementation fees will be invoiced according to the following schedule:
50% upon contract signing
20% upon completion of development phase
20% upon completion of user acceptance testing
10% upon final acceptance and project closure
20.2 Subscription Fees
Monthly subscription fees will be invoiced monthly in advance First month's subscription fee will be invoiced upon go-live Subscription fees are due within 30 days of invoice date
20.3 Optional Add-Ons
Optional add-ons will be invoiced monthly in advance along with the base subscription Implementation costs for add-ons will be invoiced upon completion of the add-on implementation
20.4 Payment Methods
Payments can be made by electronic funds transfer or check Credit card payments are accepted for monthly subscription fees only All invoices are payable in US dollars
20.5 Late Payments
Payments received after the due date will incur a late fee of 1.5% per month Nynox reserves the right to suspend services for payments more than 60 days overdue
21. SIGNATORY PAGE
This Statement of Work is executed and constitute an agreement by:
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___________________________ ___________________________ City of Modesto Nynox
by its authorised representative by its authorised representative ___________________________ ___________________________ Name and Title Name and Title
Date: / / 2025 Date: / / 2025
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www.nynox.solutions
SmartSearch
AI-Powered Search
February 7th, 2025
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Introduction
Nynox is pleased to present this proposal for implementing SmartSearch, our AIpowered contextual search solution for the City of Modesto (CoM) main website Modestogov.com.
Our SmartSearch Solution revolutionizes search capabilities by intelligently crawling website content, structuring it within a high-performance vector database, and utilizing advanced Generative AI to deliver precise, context-aware search results. This ensures users receive the most relevant information instantly, enhancing discovery, engagement, and overall experience.
By integrating SmartSearch directly with the city's main website, we will enhance citizen engagement, improve access to critical information, and streamline service delivery. Our intelligent search will reduce frustration, minimize response times, and empower residents with quick, accurate answers to their needs— whether it’s finding local resources, accessing permits, or getting real-time city updates.
Solution Overview
Our SmartSearch Solution is designed to revolutionize how users interact with content by delivering fast, accurate, and context-aware search results. Powered by advanced AI and Generative AI models, our solution enables seamless discovery of information, improving engagement and user experience.
With AI-Powered Search, we go beyond simple keyword matching to truly understand the intent behind queries, providing the most relevant results. RealTime Indexing ensures search results are always up to date, reflecting the latest content as soon as it’s available.
To maximize speed and efficiency, our vector database storage structures and retrieves information in a way that enhances performance and precision.
Organizations can further tailor their search environment with a customizable search experience, ensuring alignment with their unique branding and data needs.
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solution is scalable & secure, supporting businesses as they grow with enterprise-grade security measures.
With SmartSearch, businesses and organizations can offer a frictionless, intelligent search experience that enhances discovery, engagement, and efficiency.
Key Features & Benefits:
• Enhanced Accuracy: By using AI to contextually analyze user search queries, SmartSearch ensures that the results are highly relevant and accurate, reducing the time users spend sifting through irrelevant information.
• High Confidence Results: The vector search mechanism ensures that only results with a high level of confidence are returned, improving user trust and satisfaction with the search outcomes.
• Improved User Experience: The combination of contextual analysis and vector search provides a seamless and intuitive search experience, making it easier for users to find exactly what they need. • Advanced Analytics: The system includes robust analytics capabilities, allowing clients to gain insights into user behaviors, search patterns, and content quality. This data can be used to continuously improve search experience and site content and performance.
• Scalability: SmartSearch is designed to handle large volumes of data and queries efficiently, making it suitable for businesses of all sizes. • Implementation Efficiency: SmartSearch is designed to be non-invasive, requiring at most extremely minor changes to the front-end website and no changes at all to the back-end systems.
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Proposed Scope of Work
Initial Implementation
The implementation of SmartSearch will be conducted in a phased approach to ensure smooth deployment, minimal disruption, and optimal search performance.
The process includes defining search requirements, setting up infrastructure, testing, analytics, and ongoing support to guarantee the best possible experience for users. Below is a high-level breakdown of the key implementation stages, delivered in 3 phases.
Assessment
01 Week 1
Deliverables:
• Scope Assessment
• Evaluate data
system’s access,
integration, and
storage
requirements.
• Define Output format
• Baseline existing
search results &
performance
• Set up Nynox
accounts for system
access.
Implementation
Week 2-5
02 Deliverables:
• Set up SmartSearch
w/ website
• Data Collection &
system training
• Redirect website
endpoints to
SmartSearch
• Set up incremental
refresh
• System Integration
Test (SIT)
• User Acceptance Test
(UAT)
• Go - Live.
Post Implementation
03 Deliverables:
• Track system: Uptime,
errors, usage &
workload
• Post implementation
support for issue
resolution
• Review search phrases
weekly / fine tune
SmartSearch model
• Optimize performance
as required
• Review usage stats
• Conduct admin user
training
Week 6+
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On-going Support
Nynox will provide monthly ongoing support services post implementation to:
• Support SmartSearch related issues
• Maintain and monitor the system
• Assist Modesto’s trained admins
• Analyze search phrases monthly and continuously fine tune the SmartSearch model
• Improve / Optimize SmartSearch performance as required • Manage ongoing SmartSearch version upgrades
Implementation Approach
To successfully implement SmartSearch within the 6-week timeline, we will deploy a cross-functional team with an expertise in AI, data engineering, web development, analytics, and customer support. Below is a breakdown of the required team members and their responsibilities across each phase.
Role Responsibilities Estimated Effort
Project Manager Oversee
implementation, manage
timelines, and
communicate with the
customer
50%
AI/ML Engineer Implement vector
embeddings, fine-tune
the search model, and
optimize LLM
responses.
75%
Data Engineer Set up and manage the
vector database, data
pipelines, and API
integrations.
50%
Backend Developer Build and optimize
search indexing, API
endpoints, and
authentication.
50%
Frontend Developer Implement search UI/UX
on the customer’s
50%
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website, ensure
seamless integration
DevOps Engineer Handle deployment,
monitoring, and
infrastructure setup.
50%
QA Engineer Perform testing
(functionality, security,
performance) and fix
issues before go-live.
25%
With this team, Nynox will follow a structured yet flexible implementation approach, ensuring that the CoM is actively involved in key decisions throughout the process. By leveraging iterative releases, the CoM can quickly realize value while maintaining adaptability to evolving requirements. The focus is on business readiness, seamless system integration, and end-user adoption, supported by strong project management and risk mitigation strategies.
The key project phases include:
1. Assessment
2. Implementation (Build) + Testing
3. Deployment & Hypercare
During the assessment phase, Nynox will evaluate the project scope, ensuring a clear understanding of the data to be included in SmartSearch. This includes determining data access, integration methods, and authentication processes to facilitate seamless connectivity. Scraping options and content storage solutions will be explored to optimize data retrieval and management. Additionally, the team will establish an agreed-upon output format and baseline the current search performance to measure improvements. To enable system access, Nynox accounts will be set up, ensuring smooth collaboration and implementation.
During the implementation phase, Nynox will set up SmartSearch with the new site details, ensuring a seamless integration process. Data collection will be conducted, followed by AI model training to enhance search accuracy. The existing site endpoint will be modified to redirect to SmartSearch, and incremental refresh mechanisms will be established to maintain up-to-date content.
System Integration Testing (SIT) will be performed by Nynox to validate system functionality, followed by User Acceptance Testing (UAT) to ensure alignment with business requirements. The team will then prepare for the cutover, leading #16..
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to a smooth transition and successful Go-Live. Post-launch, hyper-care period will be in place to monitor system performance, address any issues, and provide ongoing support for a stable and optimized search experience. *NOTE* Additional details such as Project Timeline and Deliverables Assumptions and Responsibilities will be reflected in a statement of work post proposal approval.
Pricing and Subscription Plans
The deployment of Smart Search includes a one-time implementation cost, covering setup, integration, testing, and deployment, followed by an ongoing subscription plan for continuous use, maintenance, and support. This ensures that your solution remains optimized, up-to-date, and scalable as your organization evolves. Below is a breakdown of the pricing structure, including implementation, base plans and optional add-ons for additional functionality.
We offer flexible pricing based on your website size, search volume and additional features.
Implementation Cost
Based on the proposed scope of work, the estimated implementation cost is going to be $75,000.00 USD
Licensing Fee & Ongoing Support
Based on the proposed scope of work, ongoing monthly services will be $5,000.00 USD / Month
*note* - Monthly occurring costs also include Basic Analytics (see additional options Optional Add-Ons)
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Optional Add-Ons
Add-On Description Price
Analytics*
*These are example
descriptions; deliverables
of applicable tiers will be
defined during the client
assessment phase of the
project.
Basic: Search volume, most searched
topics, zero result queries (INCLUDED)
Standard: click through rates, top clicked
resources, common follow-up searches
Advanced: AI driven topic clustering,
resident sentiment analysis, usage
heatmaps by demographics
Impact/Well Being: Search to action
conversion, accessibility tracking, AI
recommendations for resource allocation
From $299 to
$699/month
Personalized
Recommendations
AI-driven content/product
recommendations based on user
behavior.
$149/month
Real-Time
Crawling
Instant indexing of new content instead
of scheduled updates.
$199/month
API Access Custom integration into internal
applications.
From
$499/month
per integration
(plus
implementation
costs)
*Custom pricing available for additional requirements.
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ROI & Public Impact
Implementing Smart Search in a city environment brings significant benefits to both residents and government agencies. By making public services more accessible, improving engagement, and leveraging AI-driven insights, cities can enhance the efficiency and effectiveness of their digital initiatives. Below are key areas where this solution positively impacts community well-being and operational efficiency.
• Higher Community Engagement. Residents can quickly find relevant city services, emergency assistance, and public resources, improving access to critical information.
• Improved Digital Inclusivity. AI-powered search ensures all residents, including non-English speakers and those with disabilities, can access city services seamlessly.
• Better Service Delivery. Reduces frustration by guiding residents to the right department, resources, or self-service options, decreasing the burden on city helplines.
• Proactive Issue Detection. Tracks emerging trends in resident concerns (e.g., housing, healthcare, transportation) so city officials can respond faster.
• Optimized Resource Allocation. Analytics-driven insights help prioritize funding and staffing based on real-time community needs. • Enhanced Resident Satisfaction. A frictionless, AI-powered search experience improves trust and confidence in the city’s digital services.
Thank you from the Nynox Team
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 10, 2025
Date: May 13, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Scheduling and Time-Keeping Software Agreement with InTime Solutions CONTACT: Jessica Smart, Police Administrator, [email protected], 209-572-9500 DESCRIPTION:
Consider approving an Agreement with InTime Solutions, Ferndale, WA, for Scheduling and Time-Keeping Management Software for ongoing Maintenance and Support Services for a total amount not to exceed $278,377 over five years. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This item is related to the adopted City Council 2025-2026 Strategic Plan for Governance and Service Delivery by building community trust in city government through responsive, transparent, and efficient service delivery.
BACKGROUND:
On September 10, 2013, by Resolution No. 2013-326, Council approved the purchase of Kronos Telestaff Scheduling Software (Telestaff) for Modesto Police Department (MPD) with the intent to have the software be a personnel scheduling and tracking mechanism for employees at the Police Department with the ability to integrate with the Oracle Applications payroll module.
Telestaff was unable to interface with the Oracle payroll module during the three-year period it was in use, creating the need for employees to continue to produce paper timesheets manually entering their time into the payroll system. In addition, the system lacked the ability to provide a thirty-day scheduling view, which is essential for projecting accurate and efficient staffing levels.
On June 2, 2016, the City Manager authorized the Purchasing Manager to solicit the procurement for Purchase of a Scheduling/Timekeeping System specific to MPD. On March 7, 2017, by Resolution No. 2017-91, Council approved an agreement with InTime Solutions, Inc. for a Scheduling and Time-Keeping Management Software System. The agreement with InTime Solutions was for a term of two (2) year with three (3) one-year extension options which ended on March 6, 2022. The agreement included an additional option to extend the agreement for three one-year extension options extending the agreement through March 6, 2025. Because the agreement is beyond the end of the term, the City has proceeded with services though InTime #17..
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Scheduling and Time-Keeping Software Agreement with InTime Solutions
on a month-to-month basis. Meanwhile, InTime has offered a discounted rate to re-enter a multiyear agreement.
DISCUSSION:
Since 2017, MPD has utilized InTime Solutions to provide scheduling and payroll software tailored to the operational needs of law enforcement. The system supports critical functions including shift scheduling, shift bidding, overtime tracking, and timekeeping and payroll integration.
InTime Solutions has demonstrated reliable performance, responsive customer support and a comprehensive understanding of the unique requirements of law enforcement operations. They provide ongoing system enhancements and technical support, and the system is able to integrate with the City’s payroll system.
Continuing services with InTime Solutions would allow for continuity of service with no disruption to daily operations and payroll processing. The historical data stored within the existing system is invaluable for reporting, auditing, and operational analysis. Maintaining continuity with the current vendor preserves access to this critical information without the risk of data loss, migration challenges, or reporting discrepancies.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, InTime Solutions, Inc. is the existing scheduling and time keeping management software provider for the department and continuing with their product avoids disruption to daily operations, preserves access to critical reports and information for auditing and operational analysis. Additionally, the time and funding needed to go out to bid and implement and train on a new system would not only disrupt daily operations, but it would also cost substantially more than a renewal with the existing company.
Therefore, staff recommends the Scheduling and Timekeeping Management Software Agreement with InTime Solutions, Inc. should be exempt from the formal bidding procedures.
FISCAL IMPACT:
Funding for the requested five-year agreement with InTime Solutions is not to exceed $278,377 which includes a 4% contingency to cover additional licensing needs as staffing increases.
Additionally, this recommended purchase is supported with funds currently budgeted in the Police Department Operating Budget in General Fund under Cost Center 19420, MPD Records and Support in Account Number (53100) Repair and Maintenance Services.
Price increases and increased staffing account for the increase in cost. A five-year agreement provides for a seven (7) percent (7%) discount.
Agreement Totals
Year 1 $53,534
Year 2 $53,534
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Scheduling and Time-Keeping Software Agreement with InTime Solutions
Year 3 $53,534
Year 4 $53,534
Year 5 $53,534
4% Contingency $10,707
TOTAL: $278,377
Below is a chart detailing the five (5) year expense history:
Fiscal Year Totals
20/21 $34,608
21/22 $34,608
22/23 $34,608
23/24 $39,576
24/25 $47,676
TOTAL: $191,076
COMMITTEE RECOMMENDATION:
This item was presented to the Safety and Communities Committee on May 12, 2025, and the committee recommended forwarding the item to the City Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Agreement with InTime Solutions, Ferndale, WA, for Scheduling and Time-Keeping Management Software for a five-year Agreement for an estimated amount of $267,670, with a 4% contingency in the amount of $10,707, for total amount not to exceed $278,377; and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Proposal/Agreement
3. Financial Interest Disclosure Form
4. CA Levine Act Disclosure Form
5. Signed Bid Waiver
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06/10/2025/MPD/JSmart/ItemX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN AGREEMENT WITH INTIME SOLUTIONS,
FERNDALE, WA, FOR SCHEDULING AND TIME-KEEPING MANAGEMENT
SOFTWARE FOR A FIVE-YEAR AGREEMENT FOR AN ESTIMATED
AMOUNT OF $267,670, WITH A 4% CONTINGENCY IN THE AMOUNT OF $10,707, FOR TOTAL AMOUNT NOT TO EXCEED $278,377; AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, on September 10, 2013, by Resolution No. 2013-326, Council approved the purchase of Kronos Telestaff Scheduling Software (Telestaff) for Modesto Police Department (MPD) with the intent to have the software be a personnel scheduling and tracking mechanism for employees at the Police Department with the ability to integrate with the Oracle Applications payroll module, and WHEREAS, Telestaff was unable to interface with the Oracle payroll module during the three-year period it was in use, creating the need for employees to continue to produce paper timesheets manually entering their time into the payroll system, and WHEREAS, on June 2, 2016, the City Manager authorized the Purchasing Manager to solicit the procurement for Purchase of a Scheduling/Timekeeping System specific to MPD, and
WHEREAS, on March 7, 2017, by Resolution No. 2017-91, Council approved an agreement with InTime Solutions, Inc. for a Scheduling and Time-Keeping Management Software System, and
WHEREAS, the agreement with InTime Solutions was for a term of two (2) year with three (3) one-year extension options which ended on March 6, 2022, and WHEREAS, the agreement included an additional option to extend the agreement for three one-year extension options extending the agreement through March 6, 2025, and #17..
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06/10/2025/MPD/JSmart/ItemX 2 2025-XX
WHEREAS, because the agreement is beyond the end of the term, the City has proceeded with services though InTime on a month-to-month basis. Meanwhile, InTime has offered a discounted rate to re-enter a multi-year agreement, and WHEREAS, since 2017, MPD has utilized InTime Solutions to provide scheduling and payroll software tailored to the operational needs of law enforcement. The system supports critical functions including shift scheduling, shift bidding, overtime tracking, and timekeeping and payroll integration; and
WHEREAS, InTime Solutions has demonstrated reliable performance, responsive customer support and a comprehensive understanding of the unique requirements of law enforcement operations, and
WHEREAS, continuing services with InTime Solutions would allow for continuity of service with no disruption to daily operations and payroll processing, and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.”; and
WHEREAS, here, InTime Solutions, Inc. is the existing scheduling and time keeping management software provider for the department and continuing with their product avoids disruption to daily operations, preserves access to critical reports and information for auditing and operational analysis. Additionally, the time and funding #17..
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06/10/2025/MPD/JSmart/ItemX 3 2025-XX
needed to go out to bid and implement and train on a new system would not only disrupt daily operations, but it would also cost substantially more than a renewal with the existing company.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with InTime Solutions, Ferndale, WA, for scheduling and time-keeping management software for a five-year agreement for an estimated amount of $267,670, with a 4% contingency in the amount of $10,707, for total amount not to exceed $278,377.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #17..
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06/10/2025/MPD/JSmart/ItemX 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _______________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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RENEWAL PROPOSAL
FOR MODESTO POLICE
DEPARTMENT
Cloud Hosted Scheduling and Workforce
Management
Prepared by: Ian Komnenic
Account Executive
778-655-6499
[email protected]
Date Created: 04/17/2025
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Renewal Proposalfor Pleasanton Police Department
InTime Solution Pricing Annual Subscription For: 487 Employees SCHEDULING MODULE ($72/emp/year) $35,064/Year
TIMEKEEPING MODULE ($36/emp/year) $17,532/Year
TIMEKEEPING TO PAYROLL MODULE $4,968/Year
CUSTOMER SUPPORT AND MAINTENANCE Included
SECURE HOSTING
• Top tier cloud service provider
• Automatic failover
• Real time data redundancy
Included
Standard Annual Fees: $57,564
5 Year Agreement Pricing + 7% Discount
Annual Fees (01/08/2025 - 31/07/2026) $53,534
Annual Fees (01/08/2026 - 31/07/2027) $53,534
Annual Fees (01/08/2027 - 31/07/2028) $53,534
Annual Fees (01/08/2028 - 31/07/2029) $53,534
Annual Fees (01/08/2029 - 31/07/2030) $53,534
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com | [email protected] #17..
- 803 -
Renewal Proposalfor Pleasanton Police Department
Notes
1. All prices are in US Dollars.
2. Fees are exclusive of any and all applicable taxes and duties, including withholding taxes.
3. Payment for the subscription fee and for professional services (if any) are net thirty (30) days from date of invoice.
4. InTime’s Terms and Conditions are attached to this proposal.
5. Invoicing schedule is per the following:
Subscription Fee: Upon contract signing and annually on contract date anniversary Services and Training: On contract date
Acceptance of Terms
To indicate acceptance of the terms of this proposal, either issue InTime a purchase order referencing this proposal for the amounts indicated or sign the document on the spaces indicated below.
Both parties have read and agreed to the terms and conditions of this proposal:
Customer Organization
Name
Authorized Signature Date
InTime Services Inc.
Vendor Name Authorized Signature Date
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com | [email protected] #17..
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INTIME SERVICES INC. - SERVICES AGREEMENT - TERMS AND CONDITIONS SCOPE
A. InTime provides an application for scheduling personnel as a service delivered over the Internet ("Services") to its Customers. The application is proprietary to InTime.
B. In conjunction with such Services, InTime also provides Support to its Customers to allow them to use the Service.
C. Customer desiresto obtain such Servicesfrom InTime.
1. DEFINITIONS
1.1. "Confidential Information" means information concerning any information relating to the business and technology of either party which is not generally available to third parties and which is treated by the parties, in accordance with their policies, as confidential information or a trade secret and specifically includes the Services, either parties business processes, information about either parties customers or users in any manner, shape or form or other like information. For the purposes of this Agreement, a party disclosing Confidential Information is a Discloser and the party receiving Confidential Information is a Recipient. Confidential Information does not include information which is:
a) at the time of disclosure, or thereafter becomes part of the public domain without any violation of this Agreement by the Recipient;
b) already in the Recipient’s possession before disclosure of such information to the Recipient by the Discloser;
c) following the Effective Date is furnished to the Recipient by a third party without that third party being in breach directly or indirectly of an obligation to the Discloser to keep such information secret confidential and secret; and
d) developed independently by the Recipient without use of Discloser’s Confidential Information as evidenced by reasonably detailed written records.
1.2. "Customer” means an entity or organization who wishes to obtain the Servicesfrom InTime.
1.3. "Proposal" means the document provided by InTime to Customer containing a price quote, setting out the term and if applicable, specifying applicable governing law.
1.4. "Support" means technical support provided by InTime to Customer relating to Customer's use of the Services, on a remote basis by telephone, e-mail, and fax, and optionally at the Customer’s site, and is subject to the availability of support personnel and facility infrastructure services. Such support includes problem diagnosis, consultation, dial-in diagnosis services, and problem resolution with the Support levels defined in Appendix A.
InTime Confidential and Proprietary 1
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2. SERVICES
2.1. InTime will provide the Services to Customer in accordance with applicable laws and regulation. The Services will be provided on the following basis:
a) InTime will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:
i. planned downtime (and InTime will give Customer at least 72 hours notice of such downtime and will attempt to schedule such downtime to the extent practicable during weekend hours from 6:00 p.m. Pacific time Friday to 3:00 a.m. Pacific time Monday), or ii. any unavailability caused by circumstances beyond InTime’sreasonable control.
2.2. Under no circumstances can Customer allow other commercial entities to access the Services.
Customer is prohibited from providing or repurposing the Services to other parties in any manner, including as a service bureau or application service provider.
2.3. Violation of any of the terms of this Agreement or use of the Services in a way that breaches applicable law or regulation in any way entitles InTime to terminate this Agreement and Customer's access to the Services. InTime will give its Customers written notice of such breach. If such breach is not corrected in 30 days InTime may terminate this Agreement. PLEASE NOTE THAT INTIME STRICTLY
ENFORCES THIS POLICY AND WILL PROSECUTE ANY VIOLATION OF THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
2.4. It is Customer's own responsibility to:
a) provide for its own access to the Internet, arrange for secure Internet access therefore and pay any service fees associated with such access;
b) be responsible for the accuracy, quality, integrity and legality of data which is processed using the Services, including the exclusion of Social Insurance Numbers (SIN) and Social Security Numbers (SSN), and of the means by which such data was acquired; c) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify InTime promptly of any unauthorized access or use; d) use the Services only in accordance with any documentation and applicable laws and regulations.
2.5. Customer may not use InTime trademarks such as “InTime” without the prior written permission of InTime.
2.6. No other services are provided with the Service unless agreed to otherwise by InTime and the Customer.
3. WARRANTY AND LIMITATION OF LIABILITY
3.1. SPECIFIC EXCLUSION OF OTHER WARRANTIES – THE SERVICES ARE PROVIDED "AS IS, WHERE IS" OTHER THAN AS SET OUT IN SECTION 5. INTIME DISCLAIMS ALL WARRANTIES WITH RESPECT TO
THE SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY IS
LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR InTime Confidential and Proprietary 2
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INCIDENTAL DAMAGES OR LOSS OF PROFITS RESULTING FROM THE SERVICES (OR ANY THIRD
PARTY GOODS OR SERVICES) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If either party is liable to the other in no event will the total aggregate liability of a party to the other exceed the fees paid by the Customer to InTime in the 90 day period preceding the date of a claim.
4. OWNERSHIP CONFIDENTIALITY AND USE LIMITATION
4.1. Ownership
a) Subject to the limited rights expressly granted under this Agreement, InTime reserves all rights, title and interest in and to the Services, including all related intellectual property rights.
No rights are granted to Customer under this Agreement other than as expressly set forth with respect to limited rights to use the Services.
b) Customer shall not (i) permit any third party to access the Services except as expressly permitted, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Customer’s own internal nonpublicly accessible networks or otherwise for Customer’s own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. c) As between InTime and Customer, Customer exclusively own all rights, title and interest in and to all of Customer’s data.
4.2. Confidentiality - The following terms apply to Confidential Information and the ownership thereof. a) All Confidential Information is owned by the respective parties. b) Neither party will, at any time whether before or after the termination of this Agreement, disclose, furnish, or make accessible to anyone any Confidential Information or permit the occurrence of any of the foregoing.
c) Each party will hold in confidence and not disclose any Confidential Information of the other party. All Confidential Information will be maintained in confidence by the Recipient, will not be disclosed to any person or entity in any way except as provided in this Agreement, and will be protected with the same degree of care the Recipient normally uses in the protection of its own confidential and proprietary information, but in no case with any less degree than reasonable care.
d) The Confidential Information may be disclosed by the Recipient only to those employees, directors, officers, auditors or consultants of the Recipient having the need to receive such Confidential Information for the purposes of this Agreement, provided the recipients of such Confidential Information are already bound by written confidentiality and non-disclosure obligations similar to those undertaken by the Recipient under this Agreement. The Recipient shall immediately give notice to the Discloser of any unauthorized use or disclosure of the Confidential Information. The Recipient agrees to assist the Discloser in remedying any such unauthorized use or disclosure of Confidential Information. e) To the extent the Recipient is required to disclose any Confidential Information pursuant to a valid subpoena or other applicable order by a governmental agency or judicial body or by InTime Confidential and Proprietary 3
#17..
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operation of law, the Recipient will promptly notify the Discloser in writing of the existence, terms and circumstances surrounding such disclosure (except as prohibited by law) so that the Discloser may seek a protective order or other appropriate remedy from the proper authority.
The Recipient agrees to reasonably cooperate with the Discloser in seeking such order or remedy at Disclosure’s cost and expense. The Recipient further agrees that if the Recipient is required to disclose any Confidential Information, the Recipient will furnish only that portion of the Confidential Information that is legally required and will reasonably cooperate with Disclosure’s effortsto obtain reliable, written assurancesthat confidential and legally compliant treatment will be accorded to such Confidential Information f) The obligations of confidence contained herein will survive termination or expiry of this Agreement.
5. REPRESENTATION AND IDEMNIFICATION
5.1. Indemnification by InTime - InTime has the right and all necessary permissions to provide the Services to the Customer. In the event of the breach of this representation, InTime shall defend Customer against any claim, demand, suit, or proceeding ("Claim") made or brought against Customer by a third party alleging that the use of the Services infringes or misappropriates the intellectual property rights of a third party, and shall indemnify Customer for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Customer in connection with any such Claim; provided, that Customer (a) promptly gives InTime written notice of the Claim; (b) gives InTime sole control of the defense and settlement of the Claim; and (c) provides to InTime all reasonable assistance, at InTime’s expense.
5.2. Exclusive Remedy - This Section 5 states InTime's sole liability to, and Customer's exclusive remedy against InTime for any type of Claim described in this Section.
6. TERM
6.1. Term – This Agreement is the term set out in the Proposal. If not stated in the Proposal, it will be for a yearly term. It will renew for successive terms on mutual written agreement. Customer may terminate this Agreement at any time without cause upon 30 days notice.
6.2. Termination - This Agreement shall terminate in each of the following events:
a) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within 30 days after receiving written demand therefore; or
b) immediately, at the option of the non-breaching party if either party breaches section 4.1(b) or
4.2 of this Agreement; or
c) at the option of either party if the other party becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the other party, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the other party and is not dismissed within 30 days following commencement thereof or
d) on the occurrence of the events set out in section 7.3 InTime Confidential and Proprietary 4
#17..
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provided that the right of termination shall be in addition to all other rights and remedies available to the parties for default or wrong-doing by the other.
6.3. Suspension of Obligations – If either party should default in the performance or observance of any of its obligations, then, in addition to all other rights and remedies available to the non-defaulting party, following the default and expiration of an applicable cure period, the non-defaulting party may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied.
6.4. Refund for Termination of Agreement for cause – If this Agreement is terminated for cause by Customer, then InTime shall refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by InTime, Customer shall pay any unpaid fees covering the remainder of the term after the effective date of termination. In no event shall any termination relieve Customer of the obligation to pay any fees payable to InTime for the period prior to the effective date of termination.
6.5. Return of Customer Data – Following termination of the Agreement, InTime will provide read-only access to Customer's data for a period of six months without charge. After such period, InTime shall have no obligation to maintain or provide any of Customer’s data and may, unless legally prohibited, delete all of Customer’s data in InTime’s systems or otherwise in InTime’s possession or control.
7. GENERAL
7.1. This Agreement and the Proposal contain the whole agreement between InTime and Customer relating to the Services.
7.2. InTime may assign this Agreement in connection with a merger, amalgamation or corporate reorganization involving InTime, or in connection with the sale of all or substantially all the assets of InTime or to an affiliate or wholly-owned subsidiary of InTime.
7.3. Upon 30 days notice to Customer, InTime reserves the right at all times to vary the conditions of this Agreement or change the operation of the Services. If Customer does not agree to such variation or changes, Customer may terminate this Agreement without penalty to either party.
7.4. InTime reserves the right to suspend the Services for repair, maintenance, and/or upgrade work.
Unless InTime cannot do so for security or other reasons beyond our reasonable control, InTime will give Customer reasonable notice of such suspension.
7.5. Unless otherwise specified in a Proposal this Agreement is governed by the laws of the State of California. All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration or mediation under the rules of the American Arbitration Association. The place of arbitration of mediation shall be Stanislaus County, California.
7.6. The parties acknowledge that each is an independent contractor and nothing in this Agreement constitutes a joint venture or partnership and neither party has the right to bind nor act for the other as agent or in any other capacity.
InTime Confidential and Proprietary 5
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Appendix A – Support Level Definition
All Customer requests for Support shall be managed as described below. The degree of InTime’s responsiveness (“Severity”) shall be based on the nature of the initial Customer Support request. The Customer will always make every effort to respond in a timely fashion to requests from InTime for assistance in providing Support.
“Normal Support Hours” are 6:00 AM through 5:00 PM (Pacific Time), Monday through Friday, excluding statutory holidays.
Critical Severity Available: 24 hours/day, 7 days/week, via special toll-free number in North America.
Description: A Customer detected critical Software error that renders the entire live InTime production system, or an essential part of it, inoperable or “down”.
Initial Response: All support requests will be dispatched with call details and problem description within 5 minutes of receipt of support request. During Normal Support Hours, warm transfer immediate response if an InTime Support representative is available, otherwise a callback response within 15 minutes average, one (1) hour maximum. Outside of Normal Support Hours a callback response within eight (8) hours average, sixteen (16) hours maximum.
Resolution Response: Once an InTime Support representative has made contact with the customer regarding the support request, InTime will work continuously to return the InTime production system to normal “up” operation, with an average resolution time of not more than eight (8) hours.
Chargeable Service: If the Critical Severity support service is used by the Customer for non-critical support, then the service is chargeable at InTime’s current hourly support service rates.
High Severity Available: Normal Support Hours
Description: A Customer detected non-critical Software error in a module of the live InTime production system, which seriously impairs system operation but does not render it “down”. Noncritical Software errors exclude cosmetic, documentation, or reporting problems, and also questions regarding the operation of the software, its installation or training.
Initial Response: During Normal Support Hours, immediate response if an InTime Support representative is available, otherwise a callback response within two (2) hours. However, if the request is made within the last hour of the day or after the close of day, then within the first two (2) hours of the next Normal Support Hours day.
Resolution Response: InTime will work continuously to restore system operation within Normal Support Hours.
Normal Severity Available: Normal Support Hours
Description: All other Support requests not described above.
Initial Response: During Normal Support Hours, immediate response if an InTime Support representative is available, otherwise a callback response within four (4) hours. However, if the request is made within the last four hours of the day or after the close of day, then within the first four (4) hours of the next Normal Support Hours day.
Resolution Response: InTime will correct documentation errors in upcoming releases of the documentation.
InTime will provide Software error corrections in the course of its standard development and upgrade methodology for the Software.
InTime Confidential and Proprietary 6
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FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.
Bidder must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application. #17..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___x NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___x NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_____4/17/2025___ _____________________________
_________ Date Signature of authorized individual
____InTime Solutions Inc__________
Company/Applicant Name
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Revised 1/19/2024
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:
Supplier Contact: Supplier Phone No:
Are Federal Funds being utilized for portion of purchase? A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.
Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):
Reason for Bid Waiver - Check Box:
Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b))
OEM - Original Equipment Manufacturer / Distributor
Inflexible time constraints preclude the bidding process - Exigent or mergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.
Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.
Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).
Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:
Project Description:
The purchase of any item utilizing any Federal Funding must comply with current applicable Circular Yes No
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Revised 1/19/2024
Other (requires detailed comments)
NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
Comments:
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RENEWAL PROPOSAL
FOR MODESTO POLICE
DEPARTMENT
Cloud Hosted Scheduling and Workforce
Management
Prepared by: Ian Komnenic
Account Executive
778-655-6499
[email protected]
Date Created: 12/11/2024
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Renewal Proposal for Pleasanton Police Department
InTime Solution Pricing Annual Subscription For: 487 Employees SCHEDULING MODULE ($72/emp/year) $35,064/Year
TIMEKEEPING MODULE ($36/emp/year) $17,532/Year
TIMEKEEPING TO PAYROLL MODULE $4,968/Year
CUSTOMER SUPPORT AND MAINTENANCE Included
SECURE HOSTING
Top tier cloud service provider
Automatic failover
Real time data redundancy
Included
Standard Annual Fees: $57,564
5 Year Agreement Pricing + 7% Discount
Annual Fees (01/01/2026 – 31/12/2026) $53,534
Annual Fees (01/01/2027 – 31/12/2027) $53,534
Annual Fees (01/01/2028 – 31/12/2028) $53,534
Annual Fees (01/01/2029 – 31/12/2029) $53,534
Annual Fees (01/01/2030 – 31/12/2030) $53,534
3 Year Agreement Pricing + 5% Discount
Annual Fees (01/01/2026 – 31/12/2026) $54,685
Annual Fees (01/01/2027 – 31/12/2027) $54,685
Annual Fees (01/01/2028 – 31/12/2028) $54,685
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com | [email protected] #17..
- 818 -
Renewal Proposal for Pleasanton Police Department
Notes
1. All prices are in US Dollars.
2. Fees are exclusive of any and all applicable taxes and duties, including withholding taxes.
3. Payment for the subscription fee and for professional services (if any) are net thirty (30) days from date of invoice.
4. InTime’s Terms and Conditions are attached to this proposal.
5. Invoicing schedule is per the following:
Subscription Fee: Upon contract signing and annually on contract date anniversary Services and Training: On contract date
Acceptance of Terms
To indicate acceptance of the terms of this proposal, either issue InTime a purchase order referencing this proposal for the amounts indicated or sign the document on the spaces indicated below.
Both parties have read and agreed to the terms and conditions of this proposal:
Customer Organization
Name
Authorized Signature Date
InTime Services Inc.
Vendor Name Authorized Signature Date
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com | [email protected] #17..
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INTIME SERVICES INC. - SERVICES AGREEMENT - TERMS AND CONDITIONS SCOPE
A. InTime provides an application for scheduling personnel as a service delivered over the Internet ("Services") to its Customers. The application is proprietary to InTime.
B. In conjunction with such Services, InTime also provides Support to its Customers to allow them to use the Service.
C. Customer desires to obtain such Services from InTime.
1. DEFINITIONS
1.1. "Confidential Information" means information concerning any information relating to the business and technology of either party which is not generally available to third parties and which is treated by the parties, in accordance with their policies, as confidential information or a trade secret and specifically includes the Services, either parties business processes, information about either parties customers or users in any manner, shape or form or other like information. For the purposes of this Agreement, a party disclosing Confidential Information is a Discloser and the party receiving Confidential Information is a Recipient. Confidential Information does not include information which is:
a) at the time of disclosure, or thereafter becomes part of the public domain without any violation of this Agreement by the Recipient;
b) already in the Recipient’s possession before disclosure of such information to the Recipient by the Discloser;
c) following the Effective Date is furnished to the Recipient by a third party without that third party being in breach directly or indirectly of an obligation to the Discloser to keep such information secret confidential and secret; and
d) developed independently by the Recipient without use of Discloser’s Confidential Information as evidenced by reasonably detailed written records.
1.2. "Customer” means an entity or organization who wishes to obtain the Services from InTime.
1.3. "Proposal" means the document provided by InTime to Customer containing a price quote, setting out the term and if applicable, specifying applicable governing law.
1.4. "Support" means technical support provided by InTime to Customer relating to Customer's use of the Services, on a remote basis by telephone, e-mail, and fax, and optionally at the Customer’s site, and is subject to the availability of support personnel and facility infrastructure services. Such support includes problem diagnosis, consultation, dial-in diagnosis services, and problem resolution with the Support levels defined in Appendix A.
InTime Confidential and Proprietary 1
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2. SERVICES
2.1. InTime will provide the Services to Customer in accordance with applicable laws and regulation. The Services will be provided on the following basis:
a) InTime will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:
i. planned downtime (and InTime will give Customer at least 72 hours notice of such downtime and will attempt to schedule such downtime to the extent practicable during weekend hours from 6:00 p.m. Pacific time Friday to 3:00 a.m. Pacific time Monday), or ii. any unavailability caused by circumstances beyond InTime’s reasonable control.
2.2. Under no circumstances can Customer allow other commercial entities to access the Services.
Customer is prohibited from providing or repurposing the Services to other parties in any manner, including as a service bureau or application service provider.
2.3. Violation of any of the terms of this Agreement or use of the Services in a way that breaches applicable law or regulation in any way entitles InTime to terminate this Agreement and Customer's access to the Services. InTime will give its Customers written notice of such breach. If such breach is not corrected in 30 days InTime may terminate this Agreement. PLEASE NOTE THAT INTIME STRICTLY
ENFORCES THIS POLICY AND WILL PROSECUTE ANY VIOLATION OF THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
2.4. It is Customer's own responsibility to:
a) provide for its own access to the Internet, arrange for secure Internet access therefore and pay any service fees associated with such access;
b) be responsible for the accuracy, quality, integrity and legality of data which is processed using the Services, including the exclusion of Social Insurance Numbers (SIN) and Social Security Numbers (SSN), and of the means by which such data was acquired; c) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify InTime promptly of any unauthorized access or use; d) use the Services only in accordance with any documentation and applicable laws and regulations.
2.5. Customer may not use InTime trademarks such as “InTime” without the prior written permission of InTime.
2.6. No other services are provided with the Service unless agreed to otherwise by InTime and the Customer.
3. WARRANTY AND LIMITATION OF LIABILITY
3.1. SPECIFIC EXCLUSION OF OTHER WARRANTIES – THE SERVICES ARE PROVIDED "AS IS, WHERE IS" OTHER THAN AS SET OUT IN SECTION 5. INTIME DISCLAIMS ALL WARRANTIES WITH RESPECT TO
THE SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY IS
LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR InTime Confidential and Proprietary 2
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INCIDENTAL DAMAGES OR LOSS OF PROFITS RESULTING FROM THE SERVICES (OR ANY THIRD
PARTY GOODS OR SERVICES) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If either party is liable to the other in no event will the total aggregate liability of a party to the other exceed the fees paid by the Customer to InTime in the 90 day period preceding the date of a claim.
4. OWNERSHIP CONFIDENTIALITY AND USE LIMITATION
4.1. Ownership
a) Subject to the limited rights expressly granted under this Agreement, InTime reserves all rights, title and interest in and to the Services, including all related intellectual property rights.
No rights are granted to Customer under this Agreement other than as expressly set forth with respect to limited rights to use the Services.
b) Customer shall not (i) permit any third party to access the Services except as expressly permitted, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Customer’s own internal nonpublicly accessible networks or otherwise for Customer’s own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. c) As between InTime and Customer, Customer exclusively own all rights, title and interest in and to all of Customer’s data.
4.2. Confidentiality - The following terms apply to Confidential Information and the ownership thereof. a) All Confidential Information is owned by the respective parties. b) Neither party will, at any time whether before or after the termination of this Agreement, disclose, furnish, or make accessible to anyone any Confidential Information or permit the occurrence of any of the foregoing.
c) Each party will hold in confidence and not disclose any Confidential Information of the other party. All Confidential Information will be maintained in confidence by the Recipient, will not be disclosed to any person or entity in any way except as provided in this Agreement, and will be protected with the same degree of care the Recipient normally uses in the protection of its own confidential and proprietary information, but in no case with any less degree than reasonable care.
d) The Confidential Information may be disclosed by the Recipient only to those employees, directors, officers, auditors or consultants of the Recipient having the need to receive such Confidential Information for the purposes of this Agreement, provided the recipients of such Confidential Information are already bound by written confidentiality and non-disclosure obligations similar to those undertaken by the Recipient under this Agreement. The Recipient shall immediately give notice to the Discloser of any unauthorized use or disclosure of the Confidential Information. The Recipient agrees to assist the Discloser in remedying any such unauthorized use or disclosure of Confidential Information. e) To the extent the Recipient is required to disclose any Confidential Information pursuant to a valid subpoena or other applicable order by a governmental agency or judicial body or by InTime Confidential and Proprietary 3
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operation of law, the Recipient will promptly notify the Discloser in writing of the existence, terms and circumstances surrounding such disclosure (except as prohibited by law) so that the Discloser may seek a protective order or other appropriate remedy from the proper authority.
The Recipient agrees to reasonably cooperate with the Discloser in seeking such order or remedy at Disclosure’s cost and expense. The Recipient further agrees that if the Recipient is required to disclose any Confidential Information, the Recipient will furnish only that portion of the Confidential Information that is legally required and will reasonably cooperate with Disclosure’s efforts to obtain reliable, written assurances that confidential and legally compliant treatment will be accorded to such Confidential Information f) The obligations of confidence contained herein will survive termination or expiry of this Agreement.
5. REPRESENTATION AND IDEMNIFICATION
5.1. Indemnification by InTime - InTime has the right and all necessary permissions to provide the Services to the Customer. In the event of the breach of this representation, InTime shall defend Customer against any claim, demand, suit, or proceeding ("Claim") made or brought against Customer by a third party alleging that the use of the Services infringes or misappropriates the intellectual property rights of a third party, and shall indemnify Customer for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Customer in connection with any such Claim; provided, that Customer (a) promptly gives InTime written notice of the Claim; (b) gives InTime sole control of the defense and settlement of the Claim; and (c) provides to InTime all reasonable assistance, at InTime’s expense.
5.2. Exclusive Remedy - This Section 5 states InTime's sole liability to, and Customer's exclusive remedy against InTime for any type of Claim described in this Section.
6. TERM
6.1. Term – This Agreement is the term set out in the Proposal. If not stated in the Proposal, it will be for a yearly term. It will renew for successive terms on mutual written agreement. Customer may terminate this Agreement at any time without cause upon 30 days notice.
6.2. Termination - This Agreement shall terminate in each of the following events:
a) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within 30 days after receiving written demand therefore; or
b) immediately, at the option of the non-breaching party if either party breaches section 4.1(b) or
4.2 of this Agreement; or
c) at the option of either party if the other party becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the other party, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the other party and is not dismissed within 30 days following commencement thereof or
d) on the occurrence of the events set out in section 7.3 InTime Confidential and Proprietary 4
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provided that the right of termination shall be in addition to all other rights and remedies available to the parties for default or wrong-doing by the other.
6.3. Suspension of Obligations – If either party should default in the performance or observance of any of its obligations, then, in addition to all other rights and remedies available to the non-defaulting party, following the default and expiration of an applicable cure period, the non-defaulting party may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied.
6.4. Refund for Termination of Agreement for cause – If this Agreement is terminated for cause by Customer, then InTime shall refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by InTime, Customer shall pay any unpaid fees covering the remainder of the term after the effective date of termination. In no event shall any termination relieve Customer of the obligation to pay any fees payable to InTime for the period prior to the effective date of termination.
6.5. Return of Customer Data – Following termination of the Agreement, InTime will provide read-only access to Customer's data for a period of six months without charge. After such period, InTime shall have no obligation to maintain or provide any of Customer’s data and may, unless legally prohibited, delete all of Customer’s data in InTime’s systems or otherwise in InTime’s possession or control.
7. GENERAL
7.1. This Agreement and the Proposal contain the whole agreement between InTime and Customer relating to the Services.
7.2. InTime may assign this Agreement in connection with a merger, amalgamation or corporate reorganization involving InTime, or in connection with the sale of all or substantially all the assets of InTime or to an affiliate or wholly-owned subsidiary of InTime.
7.3. Upon 30 days notice to Customer, InTime reserves the right at all times to vary the conditions of this Agreement or change the operation of the Services. If Customer does not agree to such variation or changes, Customer may terminate this Agreement without penalty to either party.
7.4. InTime reserves the right to suspend the Services for repair, maintenance, and/or upgrade work.
Unless InTime cannot do so for security or other reasons beyond our reasonable control, InTime will give Customer reasonable notice of such suspension.
7.5. Unless otherwise specified in a Proposal this Agreement is governed by the laws of the . All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration or mediation under the rules of the Arbitration The place of arbitration of mediation shall be
7.6. The parties acknowledge that each is an independent contractor and nothing in this Agreement constitutes a joint venture or partnership and neither party has the right to bind nor act for the other as agent or in any other capacity.
InTime Confidential and Proprietary 5
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Appendix A – Support Level Definition
All Customer requests for Support shall be managed as described below. The degree of InTime’s responsiveness (“Severity”) shall be based on the nature of the initial Customer Support request. The Customer will always make every effort to respond in a timely fashion to requests from InTime for assistance in providing Support.
“Normal Support Hours” are 6:00 AM through 5:00 PM (Pacific Time), Monday through Friday, excluding statutory holidays.
Critical Severity Available: 24 hours/day, 7 days/week, via special toll-free number in North America.
Description: A Customer detected critical Software error that renders the entire live InTime production system, or an essential part of it, inoperable or “down”.
Initial Response: All support requests will be dispatched with call details and problem description within 5 minutes of receipt of support request. During Normal Support Hours, warm transfer immediate response if an InTime Support representative is available, otherwise a callback response within 15 minutes average, one (1) hour maximum. Outside of Normal Support Hours a callback response within eight (8) hours average, sixteen (16) hours maximum.
Resolution Response: Once an InTime Support representative has made contact with the customer regarding the support request, InTime will work continuously to return the InTime production system to normal “up” operation, with an average resolution time of not more than eight (8) hours.
Chargeable Service: If the Critical Severity support service is used by the Customer for non-critical support, then the service is chargeable at InTime’s current hourly support service rates.
High Severity Available: Normal Support Hours
Description: A Customer detected non-critical Software error in a module of the live InTime production system, which seriously impairs system operation but does not render it “down”. Noncritical Software errors exclude cosmetic, documentation, or reporting problems, and also questions regarding the operation of the software, its installation or training.
Initial Response: During Normal Support Hours, immediate response if an InTime Support representative is available, otherwise a callback response within two (2) hours. However, if the request is made within the last hour of the day or after the close of day, then within the first two (2) hours of the next Normal Support Hours day.
Resolution Response: InTime will work continuously to restore system operation within Normal Support Hours.
Normal Severity Available: Normal Support Hours
Description: All other Support requests not described above.
Initial Response: During Normal Support Hours, immediate response if an InTime Support representative is available, otherwise a callback response within four (4) hours. However, if the request is made within the last four hours of the day or after the close of day, then within the first four (4) hours of the next Normal Support Hours day.
Resolution Response: InTime will correct documentation errors in upcoming releases of the documentation.
InTime will provide Software error corrections in the course of its standard development and upgrade methodology for the Software.
InTime Confidential and Proprietary 6
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 10, 2025
Date: May 19, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Adjustments to Various Airport Rates and Fees
CONTACT: Marisol Navarro, Airport Manager, [email protected], 209-577-5319 DESCRIPTION:
Consider approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport, effective July 1, 2025, rescinding Resolution No. 2024-183. (Funding Source: Airport Operating Revenue)
STRATEGIC PLAN ELEMENT:
This item is in conformance with the City of Modesto 2025-2026 Strategic Plan Area: Economic Vitality Goals and Strategies. Goal E: “Drive the success of a vibrant and economically sustainable business climate”.
BACKGROUND:
Each year, Council can adjust the Modesto City-County Airport (Airport) rates and fees with the most recent adjustment occurring on July 1, 2024 using the National Consumer Price Index (CPI) for All Urban Consumers, West Urban, published by the United States Department of Labor, Bureau of Labor Statistics. Per Resolution 2024-183, approved by the Modesto City Council on June 4, 2024 “Rates and fees for the Airport may be adjusted from time to time by resolution of the Modesto City Council”. Per the resolution based on the CPI market standard, it has been determined that an increase is needed for airport rates and fees to account for inflation and increasing costs. As the age of the airport, hangars, and facilities increases so too does the maintenance costs associated with their upkeep. Expenses for maintenance and supplies have grown monumentally causing a much larger impact on the revenues generated from leasing airport facilities.
The Airport must provide a facility that complies with Federal Aviation Administration (FAA) operational standards. To ensure that these operating standards continue, opportunity for additional revenues must be considered to cover increasing operating expenses. Increasing revenues will increase the ability to maintain hangars and facilities, providing longevity for these Airport assets.
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City Council, June 10, 2025
Adjustments to Various Airport Rates and Fees
DISCUSSION:
The Airport is an enterprise fund and is expected to be self-supporting. This means that General Funds from the City are not received to operate the Airport. Currently, the hangar vacancy rate is low with a steady demand, especially for the larger hangars. Therefore, staff recommends that the Airport rates and fees be adjusted to remain at market standard.
A Consumer Price Index (CPI) Increase
To keep enterprise revenues in line with the increases in expenses each year, staff reviews the Bureau of Labor Statistics Consumer Price Index - West Region CPI adjustment for a 12-month period starting on January 1st of the prior year and ending December 31st of that year.
These adjustments take place annually based on the CPI data. The last increase was implemented on July 1, 2024, by Resolution No. 2024-183, which reflected the CPI data for the west region from calendar year 2023.
The Airport has reviewed the CPI data for the west region for the 12-month period starting January 1, 2024 through December 31, 2024, showing an increase of 2.5%. Accordingly, all Airport Rates and Fees will be increased by 2.5%.
This item was presented to the Airport Advisory Committee on May 15, 2025. The committee made a recommendation to move this item forward.
Attachment B within the Resolution references the proposed new rates to be effective July 1, 2025.
FISCAL IMPACT:
This recommended adjustment to rates and fees will increase Airport revenue, allowing the Airport to recover growing operational expenses. Revenue will increase by an estimated $17,819 annually or approximately 2.5% based on projected lease and service revenues.
Revenues will be deposited into the Airport Revenue account.
Account 2024 2025 2.5% Increase
43886 – Hangar Rent $491,941 $504,240 $12,299
46020 - Office Rent $ 49,746 $ 50,990 $ 1,244
46002 - Land Lease $139,719 $143,212 $ 3,493
43889 - Tie-Downs $ 4,243 $ 4,349 $ 106
43882 - Gallonage $ 50,524 $ 51,787 $ 1,263
Totals $736,173 $754,578 $18,405
COMMITTEE RECOMMENDATION:
This item was presented to the Finance Committee during the budget workshop on April 15, 2025, and was recommended to forward to Council for approval. #18..
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City Council, June 10, 2025
Adjustments to Various Airport Rates and Fees
RECOMMENDED COUNCIL ACTION
Staff Recommendations:
Resolution approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 1, 2025, and rescinding Resolution No. 2024-183.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Including Attachment B
2. Attachment A – Current 2024 Rates and Fees
3. Attachment C – CPI Data- West Region
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06/10/2025/PW/BSandhu/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING ADJUSTMENTS TO VARIOUS AIRPORT RATES
AND FEES FOR SPECIFIC ACTIVITIES AND SERVICES AT THE MODESTO CITY-COUNTY AIRPORT (AIRPORT), EFFECTIVE JULY 1, 2025, AND RESCINDING RESOLUTION NO. 2024-183
WHEREAS, the Modesto City-County Airport (Airport) is an enterprise fund and is expected to be self-supporting; and
WHEREAS, the Airport must provide a facility that complies with Federal Aviation Administration (FAA) operational standards; and WHEREAS, each year, Council can adjust the Modesto City-County Airport (Airport) rates and fees using the National Consumer Price Index (CPI) for All Urban Consumers, West Urban, published by the United States Department of Labor, Bureau of Labor Statistics; and
WHEREAS, these adjustments take place annually based on the CPI data. The last increase was implemented on July 1, 2024, by Resolution No. 2024-183; and WHEREAS, the Airport reviewed the CPI data for the west region for the 12-month period starting January 1, 2024, through December 31,2024, showing an increase of
2.5%, and therefore all Airport Rates and Fees will increase by 2.5%; and WHEREAS, adjusting Airport Rates and Fees will increase revenue that will allow the airport to cover growing operational expenses and address deferred maintenance items.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves adjustments to various Airport Rates and Fees for specific #18..
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06/10/2025/PW/BSandhu/Item X 2 2025-XX
activities and services at the Modesto City-County Airport as noted in Attachment B, attached hereto and incorporated herein.
BE IT FURTHER RESOLVED that Resolution 2024-183 shall be rescinded.
BE IT FURTHER RESOLVED that this resolution shall go into effect and be in full force and operation on July 1, 2025.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June, 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ? was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmember: ?
NOES: Councilmember: ?
ABSENT: Councilmember: ?
ATTEST: ___________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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06/10/2025/PW/BSandhu/Item X 3 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
SECTION 1. HANGARS. Rental charges for the rental of hangars at the Modesto City-County Airport/Harry Sham Field are hereby established as follows, payable in advance:
(a) T-Hangars and Storage Units as of July 2025 rounded to the nearest dollar:
Small T-Hangars $213 per month
(No electricity provided)
Hangar A Units 2-12
Hangar B Units 2-9
Hangar C Units 2, 3, 7
Hangar D Units 2, 4 & 7-9
Small T-Hangars $249 per month
(Electricity provided)
Hangar A Unit 1
Hangar C Units 4-6
Hangar D Unit 3, 5, 6
Medium T-Hangars $265 per month
(No electricity provided)
Hangar B Unit 10
Hangar D Unit 10
Medium T-Hangars $334 per month
(Electricity provided)
Hangar B Unit 1
Hangar C Units 1, 8
Hangar D Unit 1
Hangar E Units 1-10
Hangar F Units 1-10
Hangar G Units 1-8, 10
Hangar H Units 1-8, 10
Hangar J Units 1-10
Hangar L Units 1-10
Large T-Hangars $393 per month
(Electricity provided)
Hangar G Unit 9
Hangar H Unit 9
Hangar K Units 2-6, 8-11
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06/10/2025/PW/BSandhu/Item X 4 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
Large Modified Box Hangar $478 per month
(Electricity provided)
Hangar K Unit 1,7
Extra Large T-Hangars $567 per month
(Electricity provided)
Hangar I Units 1-8
Storage Units
Hangar G Storage Unit $59 per month
Hangar H Storage Unit $59 per month
Hangar I Storage Unit $155 per month
Hangar J Storage Unit $59 per month
Hangar L Storage Unit $59 per month
All T-Hangars leased under Section 1 subparagraphs (a) with no electricity which later have electricity installed will increase to the electricity provided rate with corresponding T-Hangar size.
(b) Corporate Executive Commercial Box Hangars
Hangar 1 $2,054 per month
Hangar 2 $1,673 per month
Hangar 3 $917 per month
Hangar 4 $1,563 per month
Hangar 5 $1,556 per month
Hangar 6 $917 per month
Hangar 7 $917 per month
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06/10/2025/PW/BSandhu/Item X 5 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
(c) Portable Hangars and Land Lease
Portable Hangars 1-14 $84 per month
Land Lease - (per sq. ft.) $.068 per month
A five percent (5%) discount will be made in any of the above rental charges when a year’s lease is entered into and the year’s rental charges are paid in advance.
SECTION 2. AIRPORT KEYS
(a) Two (2) hangar keys and one (1) gate proximity card are included in initial lease
(b) $45.00 for each additional proximity card
(c) $45.00 for each additional hangar key
SECTION 3. TIE-DOWN FEES. Tie-down charges and fees at the Modesto City-County Airport/Harry Sham Field are hereby established as follows, payable in advance:
(a) Aircraft less than 12,500 lbs. maximum certificated gross landing weight Permanent $55 per month
Transient $9.70 per day
(b) Aircraft greater than 12,501 lbs. maximum certificated gross landing weight
Permanent $93 per month
Transient $19 per day
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06/10/2025/PW/BSandhu/Item X 6 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
A five-percent (5%) discount will be made in the rental charges set forth in Section 1 subparagraphs (a), (b), and (c), when a year’s lease is entered into and the year’s rental charges are paid in advance.
A volume discount may be given to Fixed Base Operators (FBO) that operate flight schools for light single and multi-engine aircraft (less than 12,500 lbs. of maximum certificated gross landing weight) for tie-down spaces as set forth in subsections (a) and (b) above. For every two tail-in spaces the FBO agrees to lease, one taxi-in tie-down may be leased for the same price as a tail-in tie-down.
Overnight tie-down of aircraft belonging to or in the custody or possession of a lessee at the Modesto City-County Airport/Harry Sham Field shall be subject to the normal tie-down charge as specified by this section.
SECTION 4. OFFICE SPACE. The monthly charge for office space(s) at the Modesto City-County Airport/Harry Sham Field are hereby established as follows:
Office Spaces/when …………………… $1.36 per sq. ft.
Utilities furnished by Airport
Office Building(s) 1 & 2 …………………… $1.15 per sq. ft.
Utilities furnished by Tenant
SECTION 5. TEMPORARY USE OF AIRPORT PASSENGER TERMINAL.
Organization and service providers desiring to temporarily use the passenger terminal will be charged a daily rate:
(a) Ticket counter …………………… $1.15 per sq. ft.
(b) Other areas …………………… $1.15 per sq. ft.
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06/10/2025/PW/BSandhu/Item X 7 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
SECTION 6. UTILITY COST
(a) When electricity is provided, …………………… $.22 per sq. ft. an additional utility rate will
be included each month
SECTION 7. AIRCRAFT CARRYING PASSENGERS AND/OR CARGO FOR HIRE. Aircraft landing at the Modesto City-County Airport/Harry Sham Field shall pay a landing fee as follows:
(a) All aircraft weighing less than 9,500 lbs. maximum certificated gross landing
weight - $0.00 per landing
(b) All aircraft weighing greater than 9,501 lbs. maximum certificated gross landing weight – $1.23 per 1,000 pounds per landing
(c) No landing fee shall be charged for any aircraft, which lands at the airport due to any mechanical or other emergency, except weather, provided that such emergency is reported to the Airport Control Tower prior to landing.
SECTION 8. PASSENGER FACILITY CHARGE (PFC). Commercial air carrying passengers excluding “frequent flyers” or similar airline bonus award enplaning at Modesto City-County Airport/Harry Sham Field shall pay a PFC as approved by Federal Aviation Regulations (FAR) Part 158.
(a) Enplaned passenger by airline - $4.75 per ticketed passenger SECTION 9. ADVERTISEMENT CALLBOARD. Firms wishing to advertise in the airport passenger terminal shall have an approved agreement with the City of #18..
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06/10/2025/PW/BSandhu/Item X 8 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
Modesto. A monthly charge shall be assessed for the use of the advertisement callboard as follows
Display Size Display Only Display & Telephone
7.5” x 9.5” $21.00 $32.00
7.5” x 21” $42.00 $64.00
19” x 21” $53.00 $74.00
SECTION 10. MODESTO CITY-COUNTY AIRPORT BASED
COMMERCIAL SERVICES Any person engaging in a commercial enterprise based at the Modesto City-County Airport/Harry Sham Field shall pay to the City a fee equivalent to the City Business License Fees set forth in Chapter 1 of Title 6 of the Modesto Municipal Code, except that a minimum fee of $100 will be paid for each aircraft sold, for the privilege of engaging in business in the City of Modesto and on the Airport. Said sum shall be payable at the time and in the manner provided for in Chapter 1 of Title 6 of the Modesto Municipal Code.
SECTION 11. FUEL FLOWAGE FEES. A fuel flowage fee of eight cents ($.08296) per gallon of fuel sold or dispensed on the Airport shall be collected for the City of Modesto by the fuel vendors, except that reduced fuel flowage fees collected from scheduled air carriers can be negotiated for volume purchases.
SECTION 12. TEMPORARILY BASED COMMERCIAL SERVICES. Any
person engaging in a commercial enterprise, temporarily based at the Modesto CityCounty Airport/Harry Sham Field, shall pay to the City a license fee in the sum of two hundred and no/100ths ($200.00) dollars, payable in advance. #18..
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06/10/2025/PW/BSandhu/Item X 9 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
Each such operator shall also pay to the City as a minimum an additional sum of ninety-six and no/100ths ($96.00) dollars per month, or any portion thereof, payable in advance, for the privilege of using the Airport and its facilities.
SECTION 13. OFF-AIRPORT CAR RENTAL OPERATOR FEE. Off-airport operators picking up customers at the Modesto City-County Airport/Harry Sham Field will pay to the City of Modesto ten percent (10%) of gross receipt for each vehicle rental.
Additionally, the operators will be assessed a parking fee at the same rate on-airport car rental operators are charged for vehicles left in the public parking area overnight.
SECTION 14. MOTOR VEHICLE STORAGE CHARGES. Any person who parks a motor vehicle in Terminal Building Parking Lots at the Modesto City-County Airport/Harry Sham Field shall pay eight and no/100ths ($8.00) dollars per day.
SECTION 15. PENALTIES. A five percent (5%) per month penalty charge shall be made on any of the charges and fees established by this resolution when such charges and fees are not paid within thirty (30) days after they are due and payable. No penalties will be collected on the PFC.
SECTION 16. ADJUSTMENT OF RENTS, FEES AND CHARGES.
Rates and fees for the Airport may be adjusted from time to time by Resolution of the City Council.
For other than fair market value adjustments, said rents, fees, and charges shall be adjusted in the following manner: The base for computing the adjustment is the National Consumer Price Index for All Urban Consumers, West Urban Area, published by the #18..
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06/10/2025/PW/BSandhu/Item X 10 2025-XX
Modesto City-County Airport Rates & Fees
Effective July 1, 2025 Attachment B
United States Department of Labor, Bureau of Labor Statistics (“Index”), with a base year of 1982 – 1984 = 100 (“Beginning Index”). In no case shall the minimum rents, fees and charges be less than existing approved and adopted rents, fees and charges.
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Modesto City-County Airport Rates & Fees
Effective July 1, 2024 Attachment A
SECTION 1. HANGARS. Rental charges for the rental of hangars at the Modesto CityCounty Airport/Harry Sham Field are hereby established as follows, payable in advance:
(a) T-Hangars and Storage Units as of July 2024 rounded to the nearest dollar:
Small T-Hangars $208 per month
(No electricity provided)
Hangar A Units 2-12
Hangar B Units 2-9
Hangar C Units 2, 3, 7
Hangar D Units 2-5 & 7-9
Small T-Hangars $243 per month
(Electricity provided)
Hangar A Unit 1
Hangar C Units 4-6
Hangar D Unit 6
Medium T-Hangars $259 per month
(No electricity provided)
Hangar B Units 1, 10
Hangar C Unit 8
Hangar D Unit 10
Medium T-Hangars $326 per month
(Electricity provided)
Hangar C Unit 1
Hangar D Unit 1
Hangar E Units 1-10
Hangar F Units 1-10
Hangar G Units 1-8, 10
Hangar H Units 1-8, 10
Hangar J Units 1-10
Hangar L Units 1-10
Large T-Hangars $383 per month
(Electricity provided)
Hangar G Unit 9
Hangar H Unit 9
Hangar K Units 2-6, 8-11
Large Modified Box Hangar $466 per month
(Electricity provided)
Hangar K Unit 1,7
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Modesto City-County Airport Rates & Fees
Effective July 1, 2024 Attachment A
Extra Large T-Hangars $553 per month
(Electricity provided)
Hangar I Units 1-8
Storage Units
Hangar G Storage Unit $58 per month
Hangar H Storage Unit $58 per month
Hangar I Storage Unit $151 per month
Hangar J Storage Unit $58 per month
Hangar L Storage Unit $58 per month
All T-Hangars leased under Section 1 subparagraphs (a) with no electricity which later have electricity installed will increase to the electricity provided rate with corresponding THangar size. (b) Corporate Executive Commercial Box Hangars
Hangar 1 $2,004 per month
Hangar 2 $1,632 per month
Hangar 3 $895 per month
Hangar 4 $1,525 per month
Hangar 5 $1,518 per month
Hangar 6 $895 per month
Hangar 7 $895 per month
(c) Portable Hangars and Land Lease
Portable Hangars 1-14 $82 per month
Land Lease - (per sq. ft.) $.066 per month
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Modesto City-County Airport Rates & Fees
Effective July 1, 2024 Attachment A
A five percent (5%) discount will be made in any of the above rental charges when a year’s lease is entered into and the year’s rental charges are paid in advance.
SECTION 2. AIRPORT KEYS
(a) Two (2) hangar keys and one (1) gate proximity card are included in initial lease
(b) $45.00 for each additional proximity card
(c) $45.00 for each additional hangar key
SECTION 3. TIE-DOWN FEES. Tie-down charges and fees at the Modesto CityCounty Airport/Harry Sham Field are hereby established as follows, payable in advance:
(a) Aircraft less than 12,500 lbs. maximum certificated gross landing weight Permanent $54 per month
Transient $9.50 per day
(b) Aircraft greater than 12,501 lbs. maximum certificated gross landing weight Permanent $91 per month
Transient $18 per day
A five-percent (5%) discount will be made in the rental charges set forth in Section 1 subparagraphs (a), (b), and (c), when a year’s lease is entered into and the year’s rental charges are paid in advance.
A volume discount may be given to Fixed Base Operators (FBO) that operate flight schools for light single and multi-engine aircraft (less than 12,500 lbs. of maximum certificated gross landing weight) for tie-down spaces as set forth in subsections (a) and (b) above. For every #18..
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Modesto City-County Airport Rates & Fees
Effective July 1, 2024 Attachment A
two tail-in spaces the FBO agrees to lease, one taxi-in tie-down may be leased for the same price as a tail-in tie-down.
Overnight tie-down of aircraft belonging to or in the custody or possession of a lessee at the Modesto City-County Airport/Harry Sham Field shall be subject to the normal tie-down charge as specified by this section.
SECTION 4. OFFICE SPACE. The monthly charge for office space(s) at the Modesto City-County Airport/Harry Sham Field are hereby established as follows:
Office Spaces/when …………………… $1.33 per sq. ft.
Utilities furnished by Airport
Office Building(s) 1 & 2 …………………… $1.12 per sq. ft.
Utilities furnished by Tenant
SECTION 5. TEMPORARY USE OF AIRPORT PASSENGER TERMINAL.
Organization and service providers desiring to temporarily use the passenger terminal will be charged a daily rate:
(a) Ticket counter …………………… $1.12 per sq. ft.
(b) Other areas …………………… $1.12 per sq. ft.
SECTION 6. UTILITY COST
(a) When electricity is provided, …………………… $.21 per sq. ft. an additional utility rate will
be included each month
SECTION 7. AIRCRAFT CARRYING PASSENGERS AND/OR CARGO FOR HIRE.
Aircraft landing at the Modesto City-County Airport/Harry Sham Field shall pay a landing fee as follows:
(a) All aircraft weighing less than 12,500 lbs. maximum certificated gross landing #18..
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Modesto City-County Airport Rates & Fees
Effective July 1, 2024 Attachment A
weight - $0.00 per landing
(b) All aircraft weighing greater than 12,501 lbs. maximum certificated gross landing weight – $1.20 per 1,000 pounds per landing
(c) All transient aircraft owned and operated by individuals, companies, and corporations carrying their own products shall not be charged for the first two (2) trips per calendar months. All other trips for the same calendar month shall be charged at the same rates applied to nonscheduled aircraft carrying cargo for hire. (d) No landing fee shall be charged for any aircraft, which lands at the airport due to any mechanical or other emergency, except weather, provided that such emergency is reported to the Airport Control Tower prior to landing.
SECTION 8. PASSENGER FACILITY CHARGE (PFC). Commercial air carrying passengers excluding “frequent flyers” or similar airline bonus award enplaning at Modesto CityCounty Airport/Harry Sham Field shall pay a PFC as approved by Federal Aviation Regulations (FAR) Part 158.
(a) Enplaned passenger by airline - $4.63 per ticketed passenger SECTION 9. ADVERTISEMENT CALLBOARD. Firms wishing to advertise in the airport passenger terminal shall have an approved agreement with the City of Modesto. A monthly charge shall be assessed for the use of the advertisement callboard as follows Display Size Display Only Display & Telephone
7.5” x 9.5” $21.00 $32.00
7.5” x 21” $42.00 $64.00
19” x 21” $53.00 $74.00
SECTION 10. MODESTO CITY-COUNTY AIRPORT BASED COMMERCIAL SERVICES Any person engaging in a commercial enterprise based at the Modesto City-County Airport/Harry Sham Field shall pay to the City a fee equivalent to the City Business License Fees set forth in Chapter 1 of Title 6 of the Modesto Municipal Code, except that a minimum fee of #18..
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Modesto City-County Airport Rates & Fees
Effective July 1, 2024 Attachment A
$100 will be paid for each aircraft sold, for the privilege of engaging in business in the City of Modesto and on the Airport. Said sum shall be payable at the time and in the manner provided for in Chapter 1 of Title 6 of the Modesto Municipal Code.
SECTION 11. FUEL FLOWAGE FEES. A fuel flowage fee of eight cents ($.08094) per gallon of fuel sold or dispensed on the Airport shall be collected for the City of Modesto by the fuel vendors, except that reduced fuel flowage fees collected from scheduled air carriers can be negotiated for volume purchases.
SECTION 12. TEMPORARILY BASED COMMERCIAL SERVICES. Any person engaging in a commercial enterprise, temporarily based at the Modesto City-County Airport/Harry Sham Field, shall pay to the City a license fee in the sum of two hundred and no/100ths ($200.00) dollars, payable in advance.
Each such operator shall also pay to the City as a minimum an additional sum of ninetysix and no/100ths ($96.00) dollars per month, or any portion thereof, payable in advance, for the privilege of using the Airport and its facilities.
SECTION 13. OFF-AIRPORT CAR RENTAL OPERATOR FEE. Off-airport operators picking up customers at the Modesto City-County Airport/Harry Sham Field will pay to the City of Modesto ten percent (10%) of gross receipt for each vehicle rental. Additionally, the operators will be assessed a parking fee at the same rate on-airport car rental operators are charged for vehicles left in the public parking area overnight.
SECTION 14. MOTOR VEHICLE STORAGE CHARGES. Any person who parks a motor vehicle in Terminal Building Parking Lots at the Modesto City-County Airport/Harry Sham Field shall pay eight and no/100ths ($8.00) dollars per day. #18..
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Modesto City-County Airport Rates & Fees
Effective July 1, 2024 Attachment A
SECTION 15. PENALTIES. A five percent (5%) per month penalty charge shall be made on any of the charges and fees established by this resolution when such charges and fees are not paid within thirty (30) days after they are due and payable. No penalties will be collected on the PFC.
SECTION 16. ADJUSTMENT OF RENTS, FEES AND CHARGES.
Rates and fees for the Airport may be adjusted from time to time by Resolution of the City Council.
For other than fair market value adjustments, said rents, fees, and charges shall be adjusted in the following manner: The base for computing the adjustment is the National Consumer Price Index for All Urban Consumers, West Urban Area, published by the United States Department of Labor, Bureau of Labor Statistics (“Index”), with a base year of 1982 – 1984 = 100 (“Beginning Index”). In no case shall the minimum rents, fees and charges be less than existing approved and adopted rents, fees and charges. #18..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 10, 2025
Date: May 19, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Department of Water Resources
Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award Well 312 Treatment System and Flush Line Project
CONTACT: Edgar Vargas, Senior Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:
Consider approving an Amended Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $2,500,000 for the Well 312 Treatment System and Flush Line Project and authorizing a First Amendment to the Local Project Sponsor Agreement with Contra Costa Water District. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2026 City’s Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
The Empire Service Area is located in the far southeastern corner of the City of Modesto’s contiguous water service area and was originally part of the Del Este Water Company. The existing water service area is largely supplied by five groundwater wells and is supplemented by treated surface water purchased from the Modesto Irrigation District.
In the Fall of 2016, one of the five wells in the Empire Service Area, Well 312, was taken offline due to exceeding the maximum contaminant level for 1,2,3-Trichlorpropane (TCP). In order to decrease the level of TCP present in the water and to meet State regulations, granular activated carbon (GAC) treatment would be necessary. To offset the costs associated with installing a new GAC treatment system and flush line at Well 312, so that it could be brought back into operation, Staff began actively seeking grant funding opportunities.
On April 5, 2022, by Resolution No. 2022-172, Council authorized the submittal of a grant application to the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program for the Well 312 Treatment & Flush Line Improvements Project. #19..
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City Council, June 10, 2025
Department of Water Resources
Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award Well 312 Treatment System and Flush Line Project
On April 11, 2023, by Resolution No. 2023-181, Council accepted a Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment & Flush Line Improvements Project, and authorized the City Manager, or his designee, to enter into a Local Project Sponsor (LPS) Agreement with Contra Costa Water District (CCWD).
DISCUSSION:
The 2021 Urban and Multibenefit Drought Relief Grant Program made available set-aside funding for drought relief projects that support underrepresented communities via the existing Proposition 1 Integrated Regional Water Management (IRWM) Disadvantaged Community (DAC) Involvement Program.
The City is a participating agency in the IRWM in the San Joaquin River Funding Area (SJRFA), where CCWD is the administrator of the SJRFA Proposition 1 IRWM DAC Involvement Program Grant Agreement. As administrator CCWD provides necessary financial and grant administration services to the member agencies including, but not limited to, coordination and submittal of reports and invoices to the Department of Water Resources (DWR), and the acceptance and distribution of DWR funds to Local Project Sponsors.
On August 8, 2024, CCWD notified Staff that DWR would be able to provide additional funding for the Well 312 Treatment and Flush Line Improvements Project. DWR requested information on the Project’s total anticipated costs to determine the amount of additional funding that it would be eligible for. Staff worked in collaboration with CCWD to meet DWR’s documentation requests.
On December 20, 2024, DWR and CCWD executed Amendment No. 1 to Grant Agreement No. 4600014796, increasing the total grant award for this Project from $1,000,000 to $2,500,000 and extending the term of the agreement through March 31, 2026. The proposed amendment would update the agreement between the City and CCWD to reflect these new terms.
The construction phase of the Well 312 Treatment and Flush Line Improvements Project began in August 2024 and is currently ongoing with a tentative completion date of December 2025.
FISCAL IMPACT:
Expenses associated with this Project are captured in the following Capital Improvement Program Project account:
101403 - Well 312 Treatment & Flush Line
ANTICIPATED ENGINEERING EXPENDITURES
Engineering Services Agreement $147,000
Additional Services (If Needed) $14,700
Engineering/Design/Administration - City Staff $22,050
TOTAL: $183,750
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City Council, June 10, 2025
Department of Water Resources
Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award Well 312 Treatment System and Flush Line Project
ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract $4,060,786
Construction Contingency $487,295
Construction Administration - City Staff $406,079
Engineering/Design/Administration - City Staff $120,000 City Construction Forces $50,000
TOTAL: $5,124,160
TOTAL ANTICIPATED PROJECT COST: $5,307,910
The Amended Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award increases the grant revenue associated with the Well 312 Treatment System and Flush Line Project from $1,000,000 to $2,500,000.
COMMITTEE RECOMMENDATION
This project was presented to the Economic Development Committee on November 9, 2022, as a report on upcoming construction projects where it was recommended that it be forwarded to Council for future award of construction.
CEQA/NEPA REQUIREMENTS:
Environmental review will be provided through a Categorical Exemption under CEQA Section 15301 Class 1(b).
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Department of Water Resources Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award of $2,500,000 for the Well 312 Treatment System and Flush Line Project, approving an Amended Local Project Sponsor Agreement with Contra Costa Water District, and authorizing the City Manager, or his designee, to execute the Amended Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $1,500,000 in order to accept an Amended Grant Award from the Department of Water Resources and Authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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City Council, June 10, 2025
Department of Water Resources
Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award Well 312 Treatment System and Flush Line Project
Attachments:
1. Resolutions (2)
2. Contra Costa Water District - Local Project Sponsor Agreement 2023
3. Contra Costa Water District - Amended Local Project Sponsor Agreement 2026 & Attachment A
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6/10/2025/Utilities/EVargas/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE DEPARTMENT OF WATER RESOURCES
AMENDED 2021 URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT PROGRAM AWARD OF $2,500,000 FOR THE WELL 312 TREATMENT
SYSTEM AND FLUSH LINE PROJECT, APPROVING AN AMENDED LOCAL
PROJECT SPONSOR AGREEMENT WITH CONTRA COSTA WATER
DISTRICT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO EXECUTE THE AMENDED AGREEMENT
WHEREAS, by Resolution No. 2022-172, Council authorized the submittal of a grant application to the Department of Water Resources (DWR) for the 2021 Urban and Multibenefit Drought Relief Grant Program for the Well 312 Treatment System and Flush Line Project; and
WHEREAS, the 2021 Urban and Multibenefit Drought Relief Grant Program made available set-aside funding for drought relief projects that support underrepresented communities via the existing Proposition 1 Integrated Regional Water Management (IRWM) Disadvantaged Community (DAC) Involvement Program; and WHEREAS, the City is a participating agency in the IRWM in the San Joaquin River Funding Area (SJRFA), where Contra Costa Water District (CCWD) is the administrator of the SJRFA Proposition 1 IRWM DAC Involvement Program Grant Agreement; and
WHEREAS, as administrator CCWD provides necessary financial and grant administration services to the member agencies including, but not limited to, coordination and submittal of reports and invoices to DWR, and the acceptance and distribution of DWR funds to Local Project Sponsors; and
WHEREAS, by Resolution No. 2023-181, Council accepted a $1,000,000 grant award from DWR and entered into a Local Project Sponsor Agreement with CCWD; and #19..
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6/10/2025/Utilities/EVargas/Item X 2 2025-XX
WHEREAS, on August 8, 2024, CCWD notified Staff that DWR would be able to provide additional funding for the Well 312 Treatment and Flush Line Improvements Project; and
WHEREAS, DWR requested information on the Project’s total anticipated costs to determine the amount of additional funding that it would be eligible for; and WHEREAS, on December 20, 2024, DWR and CCWD executed Amendment No. 1 to Grant Agreement No. 4600014796, increasing the total grant award for this Project from $1,000,000 to $2,500,000 and extended the term of the agreement through March 31, 2026; and
WHEREAS, the 2023 Local Project Sponsor Agreement between CCWD and the City of Modesto must be amended to reflect the amended terms of the Grant Agreement.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Department of Water Resources Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award of $2,500,000, an increase of $1,500,000, for the Well 312 Treatment System and Flush Line Project and Approves an Amended Local Project Sponsor Agreement with Contra Costa Water District.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #19..
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6/10/2025/Utilities/EVargas/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June 2025, by Councilmember _______________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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6/10/2025/Utilities/EVargas/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $1,500,000 IN
ORDER TO ACCEPT AN AMENDED GRANT AWARD FROM THE
DEPARTMENT OF WATER RESOURCES AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THE
RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $1,500,000, in order to recognize an Amended Grant Award from the Department of Water Resources for the Well 312 Treatment System and Flush Line Project, and WHEREAS, the Fiscal Year 2024-25 Capital Improvement Program Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $1,500,000.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #19..
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6/10/2025/Utilities/EVargas/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June 2025, by Councilmember _______________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANA NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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LOCAL PROJECT SPONSOR AGREEMENT
by and between
CONTRA COSTA WATER DISTRICT AND CITY OF MODESTO
for the
DEPARTMENT OF WATER RESOURCES
2021 URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT PROGRAM Through this Local Project Sponsor Agreement (LPS Agreement) by and between Contra Costa Water District (CCWD), a California special district, and City of Modesto, a California municipal corporation, and a “Local Project Sponsor”, who are collectively referred to as the “Parties.” The Parties hereby agree as follows:
Recitals:
A. WHEREAS, the State of California, Department of Water Resources (DWR) 2021 Urban and Multibenefit Drought Relief Grant Program (UMBDR Grant Program) made available set-aside funding for drought relief projects that support underrepresented communities and Native American Tribes via the existing Proposition 1 Integrated Regional Water Management (IRWM) Disadvantaged Community (DAC) Involvement Program; and
B. WHEREAS, the City of Modesto (Modesto) is a participating agency in the Integrated Regional Water Management (IRWM) activities in the San Joaquin River Funding Area (SJRFA) and had an eligible project meeting the Grant Program guidelines and solicitation requirements; and
C. WHEREAS, as the administrator of the SJRFA’s Proposition 1 IRWM DAC Involvement Program Grant Agreement, CCWD submitted a proposal to the UMBDR Grant Program on behalf of Modesto to secure funding for an implementation project that will benefit an underrepresented community and provide drought-related relief and benefits to the SJRFA; and
D. WHEREAS, DWR and CCWD executed Agreement No. 4600014796 (Grant Agreement) on September 19, 2022, awarding to CCWD a grant for One Million Dollars ($1,000,000) in State funding (State Grant) from the UMBDR Grant Program; and
E. WHEREAS, the Budget Act of 2021 (Stats. 2021, ch. 240 §80) was amended (Stats. 2022, ch. 44, §25) to allocate an additional $200 million to DWR to award grants for drought relief to communities facing the loss or contamination of their water supplies, to address immediate impacts on human health and safety, to secure the future of California’s water supply, and to protect fish and wildlife resources; and F. WHEREAS, DWR created the 2022 Urban Community Drought Relief (UCDR Grant Program) to provide funding for such projects and awarded to CCWD $1,500,000 under the UCDR Grant Program to support disadvantaged community projects within the San Joaquin River Funding Area; and
G. WHEREAS, DWR has recommended that the new grant funding from the UCDR Grant Program be amended into CCWD’s existing Grant Agreement No. 4600014796 for the UMBDR Grant Program; and
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Local Project Sponsor Agreement for
DWR Amended Grant Agreement No. 4600014796
H. WHEREAS, at DWR’s further recommendation, approximately $270,325 of the $1,500,000 award will be allocated to a “Water Reliability Project” within Grant Agreement No. 4600014796 to replace the grant funding awarded for disadvantaged community projects in the San Joaquin River Funding Area under a separate agreement that could not be distributed due to an accounting issue at DWR; and I. WHEREAS, the resulting budget for Grant Agreement No. 4600014796 will reflect a total budget of $2,500,000, with approximately $2,189,675 allocated to the Empire Well Project, $270,325 allocated to the Water Reliability Project, and $40,000 allocated to grant administration unless otherwise amended; and J. WHEREAS, DWR and CCWD executed Amendment No. 1 to Agreement No. 4600014796 (Amended Grant Agreement) on December 20, 2024 that increases the total budget to $2,500,000 and extends the term of the agreement to March 31, 2026 when the Work Plan is anticipated be completed. The Amended Grant Agreement is attached hereto as Attachment A and incorporated herein as if fully set forth; and K. WHEREAS, in accordance with Exhibit I Local Project Sponsors and Project Locations of the Amended Grant Agreement, CCWD shall assign a Local Project Sponsor to act on behalf of CCWD for the purposes of individual project management, oversight, compliance, operations and maintenance, and implementation of their respective component parts of the Work Plan (the “Local Projects”) included in the Amended Grant Agreement; and
L. WHEREAS, the Amended Grant Agreement contains a Work Plan, Budget, and Schedule describing the responsibilities of each Local Project Sponsor and commitments thereof; and
M. WHEREAS, by this LPS Agreement, CCWD assigns, and Modesto accepts the responsibilities and obligations described in the preceding two paragraphs, which are described elsewhere in this LPS Agreement and the Amended Grant Agreement; and N. WHEREAS, CCWD will provide necessary financial and grant administration services associated with implementing the Amended Grant Agreement and this LPS Agreement, including, but not limited to: negotiation and execution of the Amended Grant Agreement and the LPS Agreement, coordination and submittal of reports and invoices as required by the Amended Grant Agreement, coordination and submittal of Amended Grant Agreement amendments as necessary, and general coordination with DWR and Local Project Sponsor throughout the term of the Amended Grant Agreement; and
O. WHEREAS, the process by which Local Project Sponsor will submit reimbursement requests to CCWD, and how CCWD will disburse the State Grant to the Local Project Sponsor, will be governed by this LPS Agreement; and
P. WHEREAS, this LPS Agreement is intended to protect CCWD from liability for executing the Amended Grant Agreement on behalf of the Local Project Sponsor. #19..
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Local Project Sponsor Agreement for
DWR Amended Grant Agreement No. 4600014796
Q. WHEREAS, CCWD and Local Project Sponsor previously entered into that certain Local Project Sponsor Agreement executed by CCWD on May 2, 2023 (“Original LPS Agreement”). This LPS Agreement is intended to replace the Original LPS Agreement.
NOW, THEREFORE, based on the foregoing recitals, it is hereby agreed between the Parties as follows:
AGREEMENT
The recitals set forth above constitute an integral part of this Agreement and are incorporated by this reference as if fully set forth herein.
1. Term of Agreement
A. This LPS Agreement shall commence and be effective, as between CCWD and a Local Project Sponsor, upon the date of its execution by both CCWD and that Local Project Sponsor. This LPS Agreement will remain in effect so long as the Amended Grant Agreement between CCWD and DWR is in effect, or until terminated by CCWD or the Local Project Sponsor pursuant to the terms of this Local Project Sponsor Agreement, or until the Amended Grant Agreement is terminated by DWR or CCWD pursuant to the terms of the Amended Grant Agreement. As provided in the Amended Grant Agreement, however, all work shall be completed by December 31, 2025, in accordance with Exhibit C Schedule of the Amended Grant Agreement and no funds may be requested after March 31, 2026.
2. State Grant Share and Matching Funds
A. CCWD will disburse up to Two Million Five Hundred Thousand Dollars ($2,500,000) of the State Grant in accordance with the amounts listed in Exhibit B Budget of the Amended Grant Agreement. To be eligible to receive State Grant funds, Local Project Sponsor will implement the local project as described in Exhibit A Work Plan of the Amended Grant Agreement.
B. In accordance with Exhibit B Budget in the Amended Grant Agreement, the Local Project Sponsor has committed to expending and documenting, as required by the terms of the Amended Grant Agreement, the required Non-State and Other Cost Share amounts required to fulfill the funding match requirements of the Amended Grant Agreement. Any Local Project Sponsor inability to document the required cost share amounts may result in reduced State Grant fund eligibility and dispersal until such time as compliance with cost share requirements is evidenced and accepted pursuant to the Amended Grant Agreement.
C. Pursuant to Amended Grant Agreement requirements as described more fully in Attachment A to this Agreement, Local Project Sponsor may invoice CCWD for grant share reimbursement for eligible costs incurred after March 18, 2022 in their first invoice. Subsequent invoices may include eligible costs incurred by Local Project Sponsor during the reporting quarter. If total Local Project costs exceed that provided by the State Grant and cost share commitments, any additional funding match necessary to complete the Local Project will be documented by Local Project Sponsor in the Project Completion Report (described in Paragraph 5 Reporting in this Local Sponsor Agreement and as more fully described in the Amended Grant Agreement).
3. Obligations of Local Project Sponsor
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Local Project Sponsor Agreement for
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A. Local Project Sponsor is, and at all times will continue to be, in full compliance with the terms and conditions of the Amended Grant Agreement that are applicable to them as a sub-recipient of the State Grant. In accordance with the Amended Grant Agreement, Local Project Sponsor shall act on behalf of CCWD in the fulfillment of CCWD’s responsibilities specified in the Amended Grant Agreement with respect to their Local Project(s) only. Local Project Sponsor understands and agrees that for purposes of the foregoing, and to the greatest extent allowed by law, any requirements and responsibilities imposed upon CCWD as Grantee under the Amended Grant Agreement are hereby passed-through to, and acknowledged and expressly agreed to by Local Project Sponsor, as obligations of the Local Project Sponsor, excepting only CCWD’s obligations as defined in Paragraph 4 of this Local Project Sponsor Agreement. Further, the Local Project Sponsor acknowledges and agrees to comply with any requirements directly imposed on the Local Project Sponsor pursuant to the Amended Grant Agreement.
B. Local Project Sponsor must maintain all financial records associated with the total project costs of their respective Local Projects for inclusion in the Project Completion Report and all other reporting provided for herein.
C. Local Project Sponsor shall not, whether by act or omission, cause CCWD to be in violation of any provision of the Amended Grant Agreement or, whether by act or omission, fail to meet any requirement of this Local Project Sponsor Agreement or the Amended Grant Agreement.
D. Local Project Sponsor shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, now existing and as such may change from time-to-time.
Any such laws, rules, regulations, ordinances, and directives required thereby to be included in the Amended Grant Agreement or this Local Project Sponsor Agreement are incorporated herein by reference.
4. Obligations of Contra Costa Water District
A. CCWD shall disburse State Grant funds as required or permitted by the Amended Grant Agreement. Notwithstanding the foregoing, CCWD is not obligated to disburse any State Grant funds to Local Project Sponsor until such funds are authorized and disbursed from DWR to CCWD in accordance with the Amended Grant Agreement requirements.
B. CCWD will promptly notify Local Project Sponsor in writing of any notices given or actions taken by DWR if such notices or actions are likely to affect the Local Project Sponsor’s performance, duties, obligations or funding under this LPS Agreement, including but not limited to notices from DWR regarding alleged default by CCWD or the Local Project Sponsor under Paragraph 10 of the Amended Grant Agreement.
C. Commencing with DWR’s State Grant eligibility date of March 18, 2022 and continuing until termination of the Amended Grant Agreement, CCWD will undertake and complete all administrative and management responsibilities under the Amended Grant Agreement that are not related solely to Local Projects. CCWD has incurred, and will continue to incur, costs for administrative and management responsibilities under the Amended Grant Agreement that are not related solely to Local Projects. At the time of original execution of the Amended Grant Agreement, the State Grant allocates Forty Thousand Dollars ($40,000) for Amended Grant Agreement and LPS Agreement administration by CCWD in accordance with the requirements of the Amended Grant Agreement.
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Local Project Sponsor Agreement for
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5. Reporting
A. In accordance with the terms of the Amended Grant Agreement, CCWD is obligated to submit reports to DWR throughout the term of the Amended Grant Agreement. As such, Local Project Sponsor will provide CCWD with the required data for the Local Project(s) for which each Local Project Sponsor is responsible in accordance with the reporting and submittal requirements described in this section, Paragraph 12 Submission of Reports in the Amended Grant Agreement, and Exhibit F Report Formats and Requirements of the Amended Grant Agreement.
Notwithstanding the reporting schedule described in this section, CCWD may, at any time, request any additional information from Local Project Sponsor pursuant to any Amended Grant Agreement modification or that may be deemed necessary by CCWD in its sole discretion to provide adequate and sufficient documentation of Local Project status for the purposes of meeting the reporting requirements in the Amended Grant Agreement. Local Project Sponsor agrees to timely provide any such additional information as requested by CCWD.
B. All documentation and reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to CCWD and the State. Reports shall be presented in the formats described in the applicable portion of Exhibit F of the Amended Grant Agreement. i. Quarterly Progress Reports: On a quarterly basis, CCWD will prepare a Progress Report and submit it to DWR in accordance with the terms of the Amended Grant Agreement.
On a quarterly schedule established by CCWD, Local Project Sponsor will provide CCWD with the required documentation for their respective Local Projects in electronic format using a Progress Report template developed by CCWD. Progress Reports shall provide a brief description of the work performed during the reporting period, including:
Local Project Sponsor activities, estimate of percent of work complete, milestones achieved, accomplishments, concerns or problems encountered, work anticipated for the next reporting period, and updated schedule or budget inclusive of any changes that have occurred.
ii. Project Completion Report: Pursuant to the Amended Grant Agreement, CCWD will submit a separate Project Completion Report for each project included in Exhibit A Work Plan of the Amended Grant Agreement within ninety (90) calendar days of Local Project completion. Local Project Sponsor will prepare this report on behalf of CCWD in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Amended Grant Agreement. Local Project Sponsor will submit to CCWD a draft of the Project Completion Report within sixty (60) calendar days of Local Project completion or within sixty (60) days of execution of this LPS Agreement by a Local Project Sponsor, whichever is later. Local Project Sponsor will be responsive to CCWD’s and DWR’s questions or inquiries necessary to finalize the report. iii. Grant Completion Report: Pursuant to the Amended Grant Agreement, CCWD will submit a Grant Completion Report within ninety (90) days of submitting the Project Completion Report for the final project to be completed under the Amended Grant Agreement. CCWD will prepare this report on behalf of the Local Project Sponsor in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Amended Grant Agreement. Local Project Sponsor will be #19..
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Local Project Sponsor Agreement for
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responsive to CCWD’s and DWR’s questions or inquiries necessary to finalize the report.
iv. Post-Performance Reports: Pursuant to the Amended Grant Agreement, CCWD will submit Post-Performance reports for each Local Project in the Amended Grant Agreement. Post-Performance Reports must be submitted to the State within ninety (90) calendar days after the first performance year of a project has elapsed, and the reporting process shall be repeated annually for a total of three (3) years after the project begins operation. Local Project Sponsor will prepare this report on behalf of CCWD in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Amended Grant Agreement. Local Project Sponsor will submit Post-Performance reports directly to DWR and provide a copy of the report and proof of submittal to CCWD until such requirements are completed.
C. Failure of an individual Local Project Sponsor to meet reporting deadlines established by CCWD, which may cause noncompliance with the requirements of the Amended Grant Agreement, constitutes a breach of this LPS Agreement and is cause for termination of the noncompliant Local Project Sponsor’s participation in the LPS Agreement and the Amended Grant Agreement. Each Local Project Sponsor will continue to report its activities throughout the State Grant period until the Local Project is completed.
6. Method of Payment
A. Pursuant to the Amended Grant Agreement, there are two methods of payment available to CCWD, and thereby to Local Project Sponsor, including (a) reimbursement and (b) advanced payment. Both methods require that Local Project Sponsor submits only costs that are eligible project costs as specified in the Amended Grant Agreement. DWR will withhold 10% of funds until a final Project Completion Report and Grant Completion Report are approved and accepted by DWR. If a percentage of grant funds is withheld by DWR for any Local Project in the Amended Grant Agreement, CCWD will withhold the same percentage from payment on Local Project Sponsor’s invoices.
i. Reimbursement – Reimbursement is the typical payment method for state grants and involves invoicing and repayment of project costs in arrears. Reimbursement will be the default payment method for State Grant funds.
Under the Reimbursement method of payment, CCWD will solicit invoices for eligible project costs at the same frequency and timing as the quarterly Progress Reports.
CCWD will solicit invoices no more than quarterly. Along with invoices submitted to CCWD, Local Project Sponsor must also submit backup documentation that sufficiently supports claimed costs. If invoice and sufficient backup documentation is not received by CCWD from the Local Project Sponsor by the timing established by CCWD corresponding to quarterly Progress Reports due dates, the individual Local Project Sponsor invoice(s) will not be included in the submittal to DWR and payment of the Local Project Sponsor costs will be delayed until a future quarter.
CCWD will remit payment of Local Project Sponsor’s invoice(s) within thirty (30) business days of receipt of State Grant funds from DWR. CCWD will remit payment of withheld retention, if applicable, to Local Project Sponsor within thirty (30) business days of receipt of retained State Grant funds from DWR.
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Local Project Sponsor Agreement for
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Invoices submitted to CCWD, and thereafter by CCWD to DWR, for Reimbursement shall include the information specified in Paragraph 7 Method of Payment in the Amended Grant Agreement.
ii. Advanced Payment – Local Project Sponsor has declined Advanced Payment. As such, this option will not be available as a payment method under this grant program.
7. Third Party Beneficiaries
If more than one LPS Agreement is executed between CCWD and responsible agencies identified in the Amended Grant Agreement, Local Project Sponsor acknowledges and affirms that every other responsible agency specified in the Amended Grant Agreement is a third party beneficiary of this LPS Agreement.
8. Communication
All notices or notifications under this LPS Agreement shall be in writing addressed to the persons set forth in this section.
All notices or notifications to CCWD shall be sent to:
Katie Kelley
Contra Costa Water District
P.O. Box H20
Concord, CA 94524
Email: [email protected]
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Local Project Sponsor Agreement for
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All notices or notifications to City of Modesto shall be sent to:
Edgar Vargas
City of Modesto
1010 10th Street
Modesto, CA 95353
Email: [email protected]
9. Flow Through of Specific Grant Requirements
Parties will comply with all applicable provisions of the LPS Agreement and Amended Grant Agreement, including, but not limited to, the provisions found in Exhibit D Standard Conditions of the Amended Grant Agreement. In the event of any termination, pursuant to Section 18 of this LPS Agreement, a Local Project Sponsor whose LPS Agreement has been terminated, will comply with all applicable provisions of the LPS Agreement and Amended Grant Agreement which by their terms survive termination.
10. Inspection of Records
Pursuant to the Amended Grant Agreement, DWR is entitled to inspect and obtain copies of any records pertaining to the program. Local Project Sponsor is required to make available for such inspections accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the Amended Grant Agreement. Local Project Sponsor hereby expressly agrees to comply with these requirements. Local Project Sponsor shall retain program and project records in accordance with the requirements of Exhibit H State Audit Document Requirements for the Grantee of the Amended Grant Agreement.
11. Indemnification
A. CCWD shall defend, indemnify, and hold Local Project Sponsor and its respective members, elected and appointed officers, employees, and agents harmless from any and all liability, actions, claims, costs, and expenses, including attorneys’ fees, caused by the willful misconduct or sole negligence of CCWD, its officers, directors, agents, or employees in CCWD’s performance under this Local Project Sponsor Agreement, except to the extent caused directly or indirectly by the negligent acts, errors, or omissions of Local Project Sponsor, its officers, agents, or employees.
B. A Local Project Sponsor shall defend, indemnify, hold CCWD and other Local Project Sponsors and their respective members, elected and appointed officers, employees, and agents harmless from any and all liability, actions, claims, costs, and expenses, including attorneys’ fees, caused by breach or termination of this Local Sponsor Agreement, the willful misconduct or the negligent acts, errors, or omissions of that specific Local Project Sponsor, their officers, directors, agents, or employees in that specific Local Project Sponsors’ performance under this LPS Agreement, except to the extent caused by the sole negligence or willful misconduct of CCWD, its officers, agents, or employees.
12. Breach
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Local Project Sponsor Agreement for
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Noncompliance by any Local Project Sponsor with any applicable provision of this LPS Agreement, including but not limited to applicable reporting requirements, or the Amended Grant Agreement, including but not limited to Section 10 (Default Provisions) of the Amended Grant Agreement, shall constitute a breach of this LPS Agreement. CCWD, in its sole discretion, may terminate any Local Project Sponsor’s participation for breach of this LPS Agreement or the Amended Grant Agreement. The waiver by either party of a breach of any provision of this LPS Agreement by the other, or by the State with regard to the Amended Grant Agreement, shall not operate or be construed as a waiver of any subsequent breach.
13. Dispute Resolution
The parties to this LPS Agreement shall meet promptly to address any dispute that may arise and make a good faith effort to negotiate a resolution. The use by any party of any remedy specified herein for the enforcement of this LPS Agreement is not exclusive and shall not deprive any party of, or limit the application of, any other remedy provided by law.
14. Governing Law
This LPS Agreement, its construction, and all work performed under it shall be governed by the laws of the State of California. Venue shall be proper only in the Superior Court of Contra Costa County.
15. Severability
If any provision of this LPS Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this LPS Agreement shall remain valid and in force and be construed in such a manner so as to affect the original intent of the parties to the maximum extent possible.
16. Amendment
A. Any amendment to the Amended Grant Agreement made pursuant to the Standard Condition D.3 Amendment of the Amended Grant Agreement, including amendment to the terms, requirements, work plan, budget, schedule, or exhibits of the Amended Grant Agreement, will thereafter apply in full to this LPS Agreement. If an amendment to the Amended Grant Agreement conflicts with the content of this LPS Agreement, the LPS Agreement shall be amended to remedy such conflicts.
B. Excepting any amendment pursuant Section 16(A) above, this LPS Agreement may be changed only by a written amendment duly signed by all parties to this LPS Agreement.
17. Entire Agreement
This LPS Agreement, together with the attachments hereto, is the complete and exclusive statement of understanding between the parties, and supersedes any and all previous understandings or agreements, whether written or oral, and all communications between the parties relating to the subject matter of this LPS Agreement. This LPS Agreement shall replace the Original LPS Agreement, which shall be of no further force or effect.
18. Termination
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Local Project Sponsor Agreement for
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A. Any breach of this LPS Agreement, as provided under Section 12 Breach, may result in termination at the sole discretion of CCWD. CCWD, in its sole discretion, may provide a period to cure any breach not to exceed thirty (30) days.
B. Any breach by a Local Project Sponsor of this LPS Agreement or the terms of the Amended Grant Agreement, or termination of the Amended Grant Agreement by the State, or termination of this LPS Agreement by CCWD as a result of a breach, or termination of this LPS Agreement by a Local Project Sponsor for any reason, may result in the withholding of funds by the State or demand for repayment of funds previously disbursed pursuant to Section 9 of the Amended Grant Agreement. The Local Project Sponsor will indemnify and hold harmless CCWD as provided for in Section 11.B of this Local Sponsor Agreement in the event of termination or breach as described in this Section 18.B.
C. The provisions of Section 5, 9, 11, and 18 in this LPS Agreement shall survive termination of this LPS Agreement and shall remain in force through the later of the termination date of the Amended Grant Agreement or when grant closeout activities are completed.
19. Successors and Assigns
This LPS Agreement and all of its provisions shall apply to and bind the successors and assigns of each and every party to this LPS Agreement. Local Project Sponsor shall not assign its rights or delegate their duties under this LPS Agreement. Any attempted assignment or delegation shall be null and void, and constitute a breach of this LPS Agreement.
20. Priority of Documents
The provisions of the Amended Grant Agreement shall prevail over provisions of this LPS Agreement, excepting Local Project Sponsor’s indemnification obligations to CCWD.
21. Counterpart Signatures
This LPS Agreement may be executed in counterparts each of which shall be deemed to be an original but all of which taken together shall constitute one and the same LPS Agreement.
Signatures may be exchanged electronically, such as through use of Portable Document Format (PDF), or through the use of DocuSign or similar technology, with the same effect as original, wet signatures.
IN WITNESS THEREOF, this LPS Agreement has been executed by the parties hereto:
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Local Project Sponsor Agreement for
DWR Amended Grant Agreement No. 4600014796
CONTRA COSTA WATER DISTRICT
By: Jeff Quimby, Assistant General Manager
Dated:
CITY OF MODESTO
By: Joseph P. Lopez, City Manager
Dated:
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Local Project Sponsor Agreement for
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Attachment A
DWR Grant Agreement No. 4600014796
Urban and Multibenefit Drought Relief Grant
And Amendment No. 1
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GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND
CONTRA COSTA WATER DISTRICT
AGREEMENT NUMBER 4600014796
URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT
AMENDMENT 1
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and Contra Costa Water District, a public water agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) to the Grantee to assist in financing the Project. By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. 2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on March 19, 2022, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by March 31, 2026, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after April 24, 2026. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $2,500,000. Any additional costs are the responsibility of the Grantee. 4) BASIC CONDITIONS.
A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth of the 2021 Urban and Multibenefit Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2021 Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 12, “Submission of Reports” and Exhibit A, “Work Plan”.
iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.
1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement.
2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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c) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal.
The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 14, “Monitoring Plan Requirements,” if applicable. 5) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest bearing account and shall be used solely to pay Eligible Project Costs.
6) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after March 18, 2022, may be eligible for reimbursement.
Costs that are not eligible for reimbursement include, but are not limited to, the following items:
A. Costs, other than those noted above, incurred prior to the award date of this Grant.
B. Costs for preparing and filing a grant application.
C. Operation and maintenance costs, including post construction performance and monitoring costs.
D. Purchase of equipment that is not an integral part of a project.
E. Establishing a reserve fund.
F. Purchase of water supply.
G. Replacement of existing funding sources for ongoing programs.
H. Meals, food items, or refreshments.
I. Payment of any punitive regulatory agency requirement, federal or state taxes.
J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.
K. Overhead and Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.
L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program.
7) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 4, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 12, “Submission of Reports.” Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.
Invoices submitted by the Grantee shall include the following information:
A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.
B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.
C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount”. v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: Financial Assistance Branch, DWR, P.O. Box 942836, Sacramento, CA 94236.
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen.
Code, §§ 470, 487-489.)
8) ADVANCED PAYMENT. Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate a cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:
A. Documentation demonstrating that each LPS (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the LPS stating whether it wishes to receive the advanced payment or not.
B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status ii. Description and documentation of the cash flow issues the LPS has that requires funds to be advanced
iii. The names of the entities that will receive the funding for each project iv. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. v. Any other information that DWR may deem necessary
C. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project’s Funding Plan and other considerations, DWR may develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.
D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 18, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.” Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report. iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:
1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.
2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.
3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.
4.Proof of distribution of advanced funds to LPS(s), if applicable.
E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 7, “Method of Payment.”
9) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests.
Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 10, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 10, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 10) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:
A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations.
B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement.
C. Failure to operate or maintain the Project in accordance with this Grant Agreement.
D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5.
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E. Failure to submit quarterly progress reports pursuant to Paragraph 4.
F. Failure to routinely invoice the State pursuant to Paragraph 7.
G. Failure to meet any of the requirements set forth in Paragraph 11, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via firstclass mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:
H. Declare the funding be immediately repaid.
I. Terminate any obligation to make future payments to the Grantee.
J. Terminate the Grant Agreement.
K. Take any other action that it deems necessary to protect its interests.
In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.
11) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2021 Guidelines to remain eligible to receive State funds:
A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 12 of the 2021 Guidelines and Proposal Solicitation Package.
B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State’s website. For more information, visit the website listed in the 2021 Guidelines and Proposal Solicitation Package.
C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.
D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2021 Guidelines and Proposal Solicitation Package.
E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program. Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted through the SGMA Portal at: https://sgma.water.ca.gov/portal/.
F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.
G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
12) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.
A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1).
B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 8, “Advanced Payment.”
C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.
D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.
E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation.
13) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 10, “Default Provisions.” 14) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 15) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:
A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.
B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.
C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.
D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.
E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 16) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:
A. By delivery in person.
B. By certified U.S. mail, return receipt requested, postage prepaid.
C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.
D. By electronic means.
E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 17) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
18) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:
Department of Water Resources Contra Costa Water District Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
Rachel Murphy
General Manager
P.O. Box H20
Concord, CA 94524
Phone: (925) 688-8000
e-mail: [email protected]
Direct all inquiries to the Project Manager:
Department of Water Resources Contra Costa Water District Amanda Blackwell
Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 326-9026
e-mail: [email protected]
Katie Kelley
Grants Specialist
P.O. Box H20
Concord, CA 94524
Phone: (925) 688-8064
e-mail: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
19) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:
Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – Requirements for Data Submittal
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Exhibit H – State Audit Document Requirements for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Appraisal Specifications
Exhibit K – Information Needed for Escrow Processing and Closure Exhibit L – Project Monitoring Plan Guidance
Exhibit M – Invoice Guidance for Administrative and Overhead Charges IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
CONTRA COSTA WATER DISTRICT
Arthur Hinojosa
Manager, Division of Regional Assistance
S
Rachel Murphy
General Manager
Date Date _________________________
Approved as to Legal Form and Sufficiency
Robin Brewer
Assistant General Counsel,
Office of the General Counsel
Date___________________________
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12/20/2024
12/20/2024
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EXHIBIT A
WORK PLAN
Project 1: Empire Community Well 312 Treatment System & Flush Line Project IMPLEMENTING AGENCY: City of Modesto
PROJECT DESCRIPTION:
The Project will install a treatment system and flush line at Well 312 to bring the well back into service to provide potable water to the community of Empire. Well 312 went off-line in October 2016 due to primary maximum contaminant level (MCL) exceedances for 1,2,3-Trichloropropane (1,2,3-TCP). In order to be utilized for potable water, onsite wellhead treatment is necessary. Well 312 is a critical well for resilient water supply for the south side of the Empire community, particularly in a sustained drought. Upon completion, it is anticipated that Well 312 will supply an average of 1.5 million gallons per day (MGD) into the water system.
Budget Category (a): Project Administration
Task 1: Project Management
Perform project management and administration activities to ensure compliance with grant requirements, including preparing and submitting supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.
Deliverables:
Invoices and associated backup documentation
Task 2: Reporting
Prepare quarterly progress reports detailing work completed during the reporting period as outlined in Exhibit F (Report Formats and Requirements) of this Agreement. Submit reports to DWR via the Grantee.
Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F (Report Formats and Requirements) of this Agreement.
Deliverables:
Quarterly Project Progress Reports
Project Completion Report/Grant Completion Report
Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Not applicable.
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Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
The City of Modesto conducted a hydraulic evaluation of the Empire service area in 2017 in response to a significant number of wells being shut down due to elevated levels of 1,2,3-TCP and a reduction in surface water deliveries from the Modesto Irrigation District. This evaluation allowed the City of Modesto to identify necessary projects, develop cost estimates, prioritize potential projects, and determine how the reduction in potable wells would affect the overall system.
Deliverables:
Hydraulic Evaluation of Empire Water System
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.
Prepare letter stating no legal challenges (or addressing legal challenges).
Deliverables:
All completed CEQA documents as required
Legal Challenges Letter
Task 6: Permitting
The following permits are anticipated to be acquired for this Project: Stanislaus County Encroachment Permit, City of Modesto Encroachment Permit, Regional Water Quality Control Board Discharge Permit, Division of Drinking Water Operating Permit, and San Joaquin Valley Air District Generator Permit. An agreement with Stanislaus County for discharge of a small amount of well water to an existing storm basin will also be acquired.
Deliverables:
Copies of permits and agreements as required
Task 7: Design
This task includes development of the Basis of Design Report and preparation of 100% design plans and specifications. The flush line design is 100% complete. Final plans, specifications, and a cost estimate for the treatment system will be prepared for use in the bid package.
Deliverables:
Basis of Design Report
100% Design Plans and Specifications
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Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Exhibit L for DWR’s review and approval.
Deliverables:
Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.10 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.
Deliverables:
Bid Documents
Proof of Advertisement
Award of Contract
Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the Project.
Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the Project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.
Deliverables:
DWR Certificate of Project Completion
Record Drawings
Task 11: Construction
Construction activities are outlined below.
11(a): Mobilization and Demobilization: Mobilization will include setting up equipment and materials at the project site. Demobilization will include final testing of installed items and equipment including pressure testing, final clean up, and removal of construction materials. 11(b): Construction will include:
Site improvements, including but not limited to demolition, construction of utilities, site grading, and concrete pad placement.
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GAC treatment system installation, including but not limited to installation of treatment system vessels and feed system, installation or modifications of piping, and supervisory control and data acquisition (SCADA) system improvements.
Standby power generator installation to ensure uninterrupted water service in the event of a power outage.
Deliverables:
Photographic Documentation of Progress
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Project 2: Water Supply Reliability Project
IMPLEMENTING AGENCY: Contra Costa Water District
PROJECT DESCRIPTION:
This project, led by the Contra Costa Water District (Grantee) on behalf of the Integrated Regional Water Management (IRWM) San Joaquin River Funding Area (SJRFA), focuses on addressing water management concerns for disadvantaged communities (DACs). The work plan includes:
Grant administration.
Design of a treatment system for Well 2 in Westley to address 1,2,3-TCP exceedances. Installation of a secondary storm drainage duty pump in Thornton to improve operational efficiency and reduce energy costs by preventing frequent cycling of the main pump. Design of water main extenstion in Thornton to extend service to additional areas, loop dead end piping to provide improved circulation, and install up to four fire hydrants for increased fire protection.
Design and implement a well inventory and outreach program in the Merced IRWM region to identify active wells and provide information on common issues.
Budget Category (a): Project Administration
Task 1: Project Management
Perform project management and administration activities to ensure compliance with grant requirements, including preparing and submitting supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.
Deliverables:
Invoices and associated backup documentation
Task 2: Reporting
Prepare quarterly progress reports detailing work completed during the reporting period as outlined in Exhibit F (Report Formats and Requirements) of this Agreement. Submit reports to DWR via the Grantee.
Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F (Report Formats and Requirements) of this Agreement.
Deliverables:
Quarterly Project Progress Reports
Project Completion Report/Grant Completion Report
Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Not applicable.
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Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not Applicable.
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.
Prepare letter stating no legal challenges (or addressing legal challenges).
Deliverables:
All completed CEQA documents as required
Legal Challenges Letter
Task 6: Permitting
One permit is anticipated to be acquired for the water main extension in Thornton: Union Pacific Railroad crossing agreement.
Deliverables:
Union Pacific Railroad crossing agreement.
Task 7: Design
Final plans and specifications will be developed for the treatment system to address 1,2,3-TCP exceedances on Well 2 in Westley.
Project design work including calculations/efficiency analysis, site review summary, and shop drawings will be completed for the storm drainage pump in Thornton. Final plans and specifications will be developed for the water main extension in Thornton.
Design and conduct well inventory and outreach program in the Merced IRWM region to identify active wells and provide information on common issues. Document identification of wells in a well technical assessment memorandum. Document design and implementation of the outreach program in a well inventory survey and outreach report.
Deliverables:
Westley Final Plans and Specifications
Storm Duty Pump Calculations/Efficiency Analysis
Storm Duty Pump Site Review Summary
Storm Duty Pump Shop Drawings
Water Main Extension 100% Design Plans and Specifications Well Technical Assessment Memorandum
Well Outreach Materials
Well Inventory Survey and Outreach Report
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Budget Category (d): Construction/Implementation
Task 8: Contract Services
This task must comply with the Standard Condition D.10 – Competitive Bidding and Procurements. Obtain price quotations for new storm drain pump; select supplier; and issue Purchase Order.
Deliverables:
Price Quotations
Purchase Order
Task 9: Construction Administration
Perform inspections during project construction of the storm drainage pump in Thornton. Manage the construction contractor during work to install the storm drain pump. Upon completing the Project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.
Deliverables:
Construction Progress Reports
Notice of Completion Document
DWR Certificate of Project Completion
Record Drawings
Task 10: Construction
Construction activities are outlined below.
10(a): Mobilization and Demobilization: Mobilization will include setting up equipment and materials at the project site. Demobilization will include final testing of installed items and equipment including pressure testing, final clean up, and removal of construction materials. 10(b): Construction will include:
Construction of storm drainage duty pump. Install storm drain pump and modify connection piping as necessary.
Deliverables:
Photographic Documentation of Progress
Engineers Certification
Final As-Built Drawings
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EXHIBIT B
BUDGET
Grant Administration
Implementing Agency: Contra Costa Water District
BUDGET CATEGORY 2021 Multibenefit
Funding
2022 Urban
Community Funding All Other Cost Total Cost
Grant Administration $30,000.00 $10,000.00 - $40,000.00 Project 1: Empire Community Well 312 Treatment System & Flush Line Project Implementing Agency: City of Modesto
BUDGET CATEGORY 2021 Multibenefit
Funding
2022 Urban
Community Funding All Other Cost* Total Cost
(a) Project Administration - - - -
(b) Land Purchase / Easement - - - -
(c) Planning / Design / Engineering /
Environmental Documentation $70,000.00 - $169,000.00 $239,000.00 (d) Construction / Implementation $629,675.36 $1,490,000.00 $2,984,483.64 $5,104,159.00 TOTAL COSTS $699,675.36 $1,490,000.00 $3,153,483.64 $5,343,159.00 * The City of Modesto will provide remaining funding from the City’s Water Fund Reserves.
Project 2: Water Supply Reliability Project
Implementing Agency: Contra Costa Water District
BUDGET CATEGORY 2021 Multibenefit
Funding*
2022 Urban
Community Funding All Other Cost Total Cost
(a) Project Administration $38,375.00 - - $38,375.00
(b) Land Purchase / Easement - - - -
(c) Planning / Design / Engineering /
Environmental Documentation - - - -
(d) Construction / Implementation $231,949.64 - - $231,949.64 TOTAL COSTS $270,324.64 - - $270,324.64
*Project 2 is funded entirely by 2021 Multibenefit funding.
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EXHIBIT C
SCHEDULE
Grant Administration
BUDGET CATEGORY Start Date End Date
Grant Administration 3/19/2022 3/31/2026
Project 1: Empire Community Well 312 Treatment System & Flush Line Project BUDGET CATEGORY Start Date End Date
a Project Administration 3/19/2022 12/31/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 7/1/2022 9/30/2024 d Construction / Implementation 9/30/2024 9/30/2025
Project 2: Water Reliability Project
BUDGET CATEGORY Start Date End Date
a Project Administration 3/19/2022 3/31/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 3/19/2022 12/31/2024 d Construction / Implementation 3/19/2022 12/31/2024
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EXHIBIT D
STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Grant agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.
B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law.
C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant agreement, whichever comes first.
D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Budget Act of 2021 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.
D.3. AMENDMENT: This Grant agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.
Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.
D.4. AMERICANS WITH DISABILITIES ACT: By signing this Grant agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant agreement, and State may elect to pursue any remedies provided in Paragraph 10 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.
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Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant agreement with respect of all matters connected with this Grant agreement, including but not limited to, the cost of administering this Grant agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.
D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant agreement does not appropriate sufficient funds for this program, this Grant agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant agreement and Grantee shall not be obligated to perform any provisions of this Grant agreement. Nothing in this Grant agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant agreement with no liability occurring to State, or offer a Grant agreement amendment to Grantee to reflect the reduced amount.
D.7. CEQA: Activities funded under this Grant agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10, “Default Provisions.”
D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim.
State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.
D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Grant agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting.
D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.
Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.
A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.
D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant agreement, such reports, data, information, and certifications as may be reasonably required by State.
D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than thirty (30) calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within sixty (60) calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.
D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
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and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.
B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.
C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.
D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Grant agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.
Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.
Failure to provide an easement acceptable to the State may result in termination of this Agreement.
D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement.
D.18. GOVERNING LAW: This Grant agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:
A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A and in accordance with Exhibits B and C.
B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.
C. Comply with all applicable California, federal, and local laws and regulations.
D. Implement the Project in accordance with applicable provisions of the law.
E. Fulfill its obligations under the Grant agreement and be responsible for the performance of the Project.
F. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.
G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.
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H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.
D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.
D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.
D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.
D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant agreement with State.
D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.
For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.
D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Grant agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Grant agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant agreement. Requests for nonmaterial changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.
D.26. NONDISCRIMINATION: During the performance of this Grant agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee Docusign Envelope ID: EF15A821-321E-4231-A829-6F6F23D735CC #19..
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or applicant for employment because of sex (gender), sexual orientation, gender identity, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant agreement.
D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Grant agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.29. PRIORITY HIRING CONSIDERATIONS: If this Grant agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.
D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.
Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Grant agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.
D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.
D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.
D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
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D.34. RETENTION: The State shall withhold ten percent (10%) of the funds, for each project, until the project is complete, and a Final Project Report is approved and accepted by DWR. If a project has multiple Components (within a project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest.
D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.
Code, § 7920.000 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.
D.36. SEVERABILITY: Should any portion of this Grant agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant agreement shall continue as modified.
D.37. SUSPENSION OF PAYMENTS: This Grant agreement may be subject to suspension of payments or termination, or both if the State determines that:
A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant agreement.
D.38. SUCCESSORS AND ASSIGNS: This Grant agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.
D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.
D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 10, “Default Provisions,” the State may terminate this Grant agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 10, “Default Provisions.” D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.
D.42. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.
D.43. TIMELINESS: Time is of the essence in this Grant Agreement.
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D.44. TRAVEL : Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the project sponsor’s service area shall be reimbursed unless prior written authorization is obtained from the State.
D.45. UNION ORGANIZING: Grantee, by signing this Grant agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant Agreement.
Furthermore, Grantee, by signing this Grant Agreement, hereby certifies that:
A. No State funds disbursed by this Grant agreement will be used to assist, promote, or deter union organizing.
B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant agreement to show those funds were allocated to that expenditure.
C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.
D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.
D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.
D.47. WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.
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EXHIBIT E
AUTHORIZING RESOLUTION
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EXHIBIT F
REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.
PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A:
Percent complete (by work)
Discussion of work accomplished during the reporting period. Milestones or deliverables completed/submitted during the reporting period. Meetings held or attended.
Scheduling concerns and issues encountered that may delay completion of the task.
For each project, discuss the following at the project level, as organized in Exhibit A:
Work anticipated for the next reporting period.
Photo documentation, as appropriate.
Budget projections for grant share for the next two quarters Any schedule or budget modifications approved by DWR during the reporting period.
PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion.
Executive Summary
The Executive Summary should include a brief summary of project information and include the following items:
Brief description of work proposed to be done in the original Grant application. List any official amendments to this Grant Agreement, with a short description of the amendment.
Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
Electronic copies of any data collected, not previously submitted Discussion of problems that occurred during the work and how those problems were resolved Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following:
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Record drawings
Final geodetic survey information
Project photos
Cost & Disposition of Funds
A list showing:
Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.
Additional Information
Benefits derived from the Project, with quantification of such benefits provided. If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. Submittal schedule for the Post-Performance Report.
GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following:
Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects.
Brief discussion whether the level, type, or magnitude of benefits of each project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; and a summary of final funds disbursement for each project.
Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement.
POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:
Reports and/or products
Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source
o Report number
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Post-Performance Report schedule
Time period of the annual report (e.g., January 2018 through December 2018) Project Description Summary
Discussion of the project benefits
An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acrefeet of water produced that year, etc.). Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
Any additional information relevant to or generated by the continued operation of the project.
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EXHIBIT G
REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:
Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports.
Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.
Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.
If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.
A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.
Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.
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