Salinas City Council
April 23, 2024

April 9, 2024City Council Meeting Minutes - Unofficial
The following audience members commented on the report:

Kevin Dayton
MOTION
Councilmember Barrera moved to approve the Annual Budget Community Sponsorship Policy as presented. Motion was second by Councilmember McShane.

SUBSTITUTE MOTION
Councilember Sandoval moved to approve the Annual Budget Community Sponsorship Policy with amendments to include setting a not to exceed $50,000 limit per organization and removing language that disqualifies organizations which support measures. Motion was second by Councilmember Rocha.

FRIENDLY AMENDMENT
Mayor Craig and Councilmember Osornio requested a friendly amendment adding "501c(3) in good standing" to Section III(2) and V(5), and "ineligible in the coming year" to Section I of the policy. Friendly amendment was accepted by the makers of the Substitute Motion.

Upon motion by Councilmember Sandoval, seconded by Councilmember Rocha, Resolution approving the Annual Budget Community Sponsorship Policy with amendments to include setting a not to exceed $50,000 limit per organization and removing language that disqualifies organizations which support measures and adding "501c(3) in good standing" to Section III(2) and V(5), and "ineligible in the coming year" to Section I of the policy was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22930

CONSENT AGENDA
ID#24-205
Minutes
Upon motion by Councilmember Osornio, seconded by Councilmember Gonzalez, the minutes of March 19, 2024 were approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -
ID#24-188
Financial Claims
Upon motion by Councilmember Osornio, seconded by Councilmember Gonzalez, the financial claims report was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

April 9, 2024City Council Meeting Minutes - Unofficial
ID#24-113 Behavioral Health Bridge Housing Program - Strategic Enhancements Grant Application
Upon motion by Councilmember Osornio, seconded by Councilmember Gonzalez, Resolution authorizing the Mayor to submit a letter of support for the County of Monterey Behavioral Health Department's Behavioral Health Bridge Housing Program - Strategic Enhancements grant application; and should grant funds be awarded, directing staff to return to the City Council with City/County partnership agreements for consideration was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22931
ID#24-151
Amendment No. 1 to the Agreement for Professional Services with BFS Landscape Architects
Upon motion by Councilmember Barrera, seconded by Councilmember Osornio, Resolution approving Amendment No. 1 to the Agreement for Professional Services between the City of Salinas and BFS Landscape Architects for additional design, program, and construction management for El Gabilan Tot Lot increasing the total amount of compensation by $73,200 for a total not to exceed $1,828,589; and authorizing the Interim City Manager to enter into the Amendment on behalf of the City; and authorizing up to $3,856.06 of AVP Implementation Funds (CIP 9246) to cover Site Plan Review Fees for El Gabilan Tot-Lot and $2,943.94 Closter Park Revitalization Project was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22932
ID#24-152
Professional Services Agreement with JEA & Associates and MMO Partners for Legislative Advocacy
Upon motion by Councilmember McShane, seconded by Councilmember Rocha, Resolution authorizing the Interim City Manager to enter into Professional Services Agreements with JEA & Associates and Murray, Montgomery & O'Donnell Partners (MMO Partners) for advocacy and support in governmental affairs at the State and Federal level in an amount not to exceed $54,000 was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22933
ID#24-157
Master Service Agreements for Tree Maintenance and On-Call Services Upon motion by Councilmember Barrera, seconded by Councilmember McShane, Resolution awarding the Tree Maintenance and On-call Services

April 9, 2024City Council Meeting Minutes - Unofficial
Agreement to Smith & Enright Landscaping, Inc. and West Coast Arborists, Inc. in an amount not to exceed $1,500,000 annually; authorizing the Interim City Manager to enter into such agreements on behalf of the City; and authorizing the Public Works Director to approve certain change orders up to the amount of $50,000 was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22934
ID#24-163
Historic Resource Designation for Existing Building Located at 361-365 Main Street (El Rey Theater; SHRD2024-001)
Received public comment from the following members of the public:

Eloise Shimm, Historic Resources Board Member
John Fair
Upon motion by Councilmember McShane, seconded by Councilmember Barrera, Resolution designating the existing building located at 361-365 Main Street as an historic resource was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22935
ID#24-165
Coventry Street Neighborhood Traffic Calming Plan
Received public comment from the following members of the public:

Mr. Hernandez
Upon motion by Councilmember Rocha, seconded by Councilmember Sandoval, Resolution approving the Coventry Street Neighborhood Traffic Calming Plan supported by the residents for implementation was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22936
ID#24-169
Professional Service Agreement with Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project
Upon motion by Councilmember Barrera, seconded by Councilmember Osornio, Resolution approving an Agreement for Professional Services between the City of Salinas and Kimley-Horn and Associates, Inc. for the Williams Road Safe Street Corridor Project; and authorize the use of Williams Rd UD/Street/Streetscape & Median Island CIP funds up to $378,865 for the agreement was approved. The motion carried by the following vote:

April 9, 2024City Council Meeting Minutes - Unofficial
Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22937
ID#24-177
Salinas Fire Department City Hall Tenant Improvement, Project No. 9300 Upon motion by Councilmember Rocha, seconded by Councilmember Sandoval, Resolution authorizing the Interim City Manager to execute Contract Change Order No. 13 to Premier Builders Inc. for the Salinas Fire Department City Hall Tenant Improvement, CIP 9300, in the amount of $129,116.00 and execute all necessary contract change orders for work required to complete the project with not to exceed construction contingences of $15,000.00 (1.5%) was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22938
ID#24-187
Potential Extension of Measure G and Ballot Measure Feasibility Assessment
Upon motion by Councilmember Barrera, seconded by Councilmember Osornio, Resolution approving the Phase One Feasibility Assessment and budget from TeamCivX regarding the potential extension of Measure G and authorizing the Interim City Manager to enter into an agreement with TeamCivX in an amount not to exceed $54,300 was approved. The motion carried by the following vote:

Ayes: Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig
7 -

Enactment No: RES 22939
COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Mayor Craig announced that City Manager Rene Mendez has been reaching out to Councilmembers and announced that there will be a meet and greet and State of the City Address on June 4, 2024 at the Sherwood Community Center.

Councilmember Osornio commended CHISPA for a successful community meeting where they shared information and received input regarding new housing developments and need for additional senior housing. He invited the community to attend various community events including, a Selena Festival at Sherwood Hall on April 14, Asian Festival on April 27, and Dia Del Nino on April 28. Councilmember Osornio expressed concerns regarding the homeless encampments near Hill Circle noted that he has been working with staff to address the issue.

Councilmember Barrera recommended that the various city department continue working with the Monte Bella residents to address their concerns collaboratively in a timely manner.

Councilmember Gonzalez thanked the members of La Escuelita for their continued

April 9, 2024City Council Meeting Minutes - Unofficial
advocacy to address rent stabilization. She requested staff provide and udpate regarding the crosswalk at Williams Road/Monte Bella as she has received various concerns regarding pedestrian safety concerns as the crosswalk does not have clear delineations.

She announced upcoming community events to include the Natividad Creek Park Cleanup, Salinas Hometown Heroes Fundraiser Aril 25, and a Cinco De Mayo Cruise on May 4.

Councilmember Sandoval requested additional information regarding the traffic signal timing and system city-wide and how the city plans to improve traffic flow. He requested an updated regarding the San Juan Grade Road resurfacing project and requested staff evaluate the blinking lights near Los Padres Elementary School as they have not been working properly. He also encouraged the Council and the community to participate in Tu Voz, Tu Communidad to share community events.

Councilmember Rocha reported that he attended the Distinguished Women of the 14th Senate Celebration where Salinas natives Monica Andrade and Jackie Cruz were recognized. He reported that he attended the City of Salinas' 150th Anniversary to recognize the City’s history along other elected officials. He reported that he has a Salinas Valley Solid Waste Authority meeting and Community Human Services Board meeting and will report back at the next City Council meeting.

Councilmember McShane reported that he also attended the150th Anniversary celebration, met with the Pastor of the First United Methodist Church as they also celebrate 150th anniversary. He thanked Public Works staff for the ongoing tree maintenance. In conclusion, Councilmember McShane announced that he made the decision to prioritize his faith and family over elected leadership and announced his resignation effective May 10, 2024. He shared accomplishments over his 14 years of service to the City of Salinas and District 3 residents.

CLOSED SESSION
The City Council recessed to closed session at 5:55 p.m. pursuant to:

ID#24-206
a. Existing Litigation - California Government Code Section 54956.9, conference with legal counsel regarding Jordy Urrutia vs. City of Salinas, Workers’ Compensation Appeals Board Case Number(s): ADJ16962174. b. Existing Litigation - California Government Code Section 54956.9, conference with legal counsel regarding Florentino Isla vs. City of Salinas, Workers’ Compensation Appeals Board Case Number(s): ADJ16413779. c. Anticipated Litigation - California Government Code Section 54956.9(e)(1), conference with legal counsel regarding significant exposure to litigation (one case).
d. Real Property Negotiations - California Government Code Section 54956.8, conference with real property negotiators Interim City Manager Jim Pia, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and purchase of property located at 220 Natividad Road, Salinas, Monterey County, California, 93906 (APN 153-091-020-000).

PUBLIC DISCLOSURE
Pursuant to California Government Code section 54957.1, there were no reportable

April 9, 2024City Council Meeting Minutes - Unofficial
actions on closed session matters.

ADJOURNMENT
APPROVED:
__________________________
Mayor/Chair
ATTEST:
__________________________
City Clerk/Secretary

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-234, Version: 1
Financial Claims
Approve financial claims report.

City of Salinas Printed on 4/19/2024Page 1 of 1
powered by Legistar™
Number Date Status Payee Name
Transaction
Amount
474034 04/03/2024 Open Alco Water $9,957.69
474035 04/03/2024 Open U.S. Bank National Association ND $31,718.67 474036 04/03/2024 Open Voyager $1,531.61
474037 04/04/2024 Open Alejandro Zamora $30.00
474038 04/04/2024 Open David Smith $492.00
474039 04/04/2024 Open Devin Kile $492.00
474041 04/04/2024 Open Francisco Vincente Aguilar $441.31 474042 04/04/2024 Open Gabriel Gonzalez $87.02
474043 04/04/2024 Open Jacqueline Smith $222.30
474046 04/04/2024 Open Kent Foster $492.00
474047 04/04/2024 Open Kessa Kelly $241.00
474048 04/04/2024 Open Michael Ellison $492.00
474049 04/04/2024 Open Patrick McBrian $492.00
474050 04/04/2024 Open South Bay Regional Public Safety $400.00 474051 04/04/2024 Open ABAG Power Purchasing Pool $103,696.95 474052 04/04/2024 Open Alco Water $21.47
474053 04/04/2024 Open Alhambra and Sierra Spring DS Waters of America LP $799.19 474054 04/04/2024 Open Alhambra and Sierra Spring DS Waters of America LP $225.84 474055 04/04/2024 Open All Pets Hospital $1,294.35
474056 04/04/2024 Open All Safe Security Alarm $450.00
474057 04/04/2024 Open ALTEC INDUSTRIES, INC. $237.07
474058 04/04/2024 Open Amazon.Com $1,297.34
474059 04/04/2024 Open American Supply Company $790.76
474060 04/04/2024 Open APWA National Headquarters $4,173.00 474061 04/04/2024 Open Aramark Uniform & Career Apparel Group, Inc $1,807.54 474062 04/04/2024 Open Aramark Uniform & Career Apparel Group, Inc $63.75 474063 04/04/2024 Open Arrowhead Forensics $111.41
474064 04/04/2024 Open Asap Alisal Signs And Printing $41.46 474065 04/04/2024 Open AT&T Mobility $235.53
474066 04/04/2024 Open AT&T Mobility $135.10
474067 04/04/2024 Open AutoZone West Inc $65.68
474068 04/04/2024 Open Bay Area Community Services Inc. $30,889.01 474069 04/04/2024 Open Beatriz A Barajas - Petty Cash Custodian $282.00 474070 04/04/2024 Open Bound Tree Medical $2,065.98
474071 04/04/2024 Open BrightView Landscape Services, Inc $8,376.16 474072 04/04/2024 Open Burton's Fire Inc $4,613.78
474073 04/04/2024 Open C & S Engineers, Inc. $18,000.00 474074 04/04/2024 Open CALIFA Group $19,095.61
474075 04/04/2024 Open California Park and Recreation Society $165.00 474076 04/04/2024 Open California Water Service $2,336.04 474077 04/04/2024 Open Carlos Nieto III dba Massive Gathering Productions $400.00 General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 4/2/2024 - To Payment Date: 4/16/2024 user: Josephine Fernandez Pages: 1 of 7 Tuesday, April 16, 2024 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 4/2/2024 - To Payment Date: 4/16/2024 474078 04/04/2024 Open Carollo Engineers, Inc $3,350.11 474079 04/04/2024 Open Catholic Charities of the Diocese of Monterey $15,934.18 474080 04/04/2024 Open Central Coast Center For Independent $2,030.21 474081 04/04/2024 Open Cintas $3,096.10
474082 04/04/2024 Open Coast Automotive Warehouse Inc $380.31 474083 04/04/2024 Open Community Homeless Solutions $4,813.38 474084 04/04/2024 Open Consolidated Electrical Distributors, Inc. $83.84 474085 04/04/2024 Open Craftwater Engineering, Inc $25,057.00 474086 04/04/2024 Open CSG Consultants $143,873.17
474087 04/04/2024 Open Dataflow Business Systems Inc $1,567.58 474088 04/04/2024 Open Don Chapin Inc $1,217.41
474089 04/04/2024 Open Downtown Streets, Inc $10,921.02 474090 04/04/2024 Open East Bay Tire Company $1,255.08
474091 04/04/2024 Open Ecology Action of Santa Cruz $34,024.82 474092 04/04/2024 Open Eden Council for Hope and Opportunity $5,171.50 474093 04/04/2024 Open Eulalio Villegas-Rivera Petty Cash Custodian $5,011.00 474094 04/04/2024 Open Fastenal Company $937.47
474095 04/04/2024 Open Ferguson US Hodings, Inc dba Ferguson Enterprises $2,258.77 474096 04/04/2024 Open First Alarm $1,930.76
474097 04/04/2024 Open First Alarm Security & Patrol Inc dba An Allied Un $3,656.06 474098 04/04/2024 Open First Trust Alarm Company Inc $313.50 474099 04/04/2024 Open Genuine Parts Company dba NAPA Auto Parts $412.25 474100 04/04/2024 Open Golden State Truck and Trailer Repair $3,672.51 474101 04/04/2024 Open Goldfarb and Lipman $6,111.00
474102 04/04/2024 Open Granite Construction Company $2,452.67 474103 04/04/2024 Open Granite Rock Co $1,573.65
474104 04/04/2024 Open Greens Camera Shop $624.09
474105 04/04/2024 Open Hollister Honda $1,547.01
474106 04/04/2024 Open Home Depot Credit Services $2,478.70 474107 04/04/2024 Open Hydro Turf $3,653.76
474108 04/04/2024 Open Ingram Book Company $692.26
474109 04/04/2024 Open Interstate Battery System Inc $134.70 474110 04/04/2024 Open Iteris Inc $27,474.19
474111 04/04/2024 Open Jan Roehl Dba Jan Roehl Consulting $6,000.00 474112 04/04/2024 Open Johnson Electronics $228.00
474113 04/04/2024 Open Jordy Urrutia $4,654.28
474114 04/04/2024 Open Jose Luis Corral dba Salinas Pizza $294.97 474115 04/04/2024 Open Karla's Janitorial & Suppliers, LLC $3,050.00 474116 04/04/2024 Open Kimball Midwest $535.01
474117 04/04/2024 Open Kimley Horn And Assoc Inc $50,607.69 474118 04/04/2024 Open Kronos Incorporated $165.86
user: Josephine Fernandez Pages: 2 of 7 Tuesday, April 16, 2024 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 4/2/2024 - To Payment Date: 4/16/2024 474119 04/04/2024 Open Kurtis Matthews $4,858.71
474120 04/04/2024 Open Kyle Daniels $4,849.11
474121 04/04/2024 Open L.N. Curtis & Sons $9,143.99
474122 04/04/2024 Open Landscape Maintenance of America dba CA Highway $4,500.00 474123 04/04/2024 Open Laurel Conte dba Conte's Generator Services $842.27 474124 04/04/2024 Open Law Enforcement Psychological Services $900.00 474125 04/04/2024 Open Lisa Marie Vetter dba Tour de force Speakers $7,310.00 474126 04/04/2024 Open Maggiora Brothers Drilling Inc $13,890.27 474127 04/04/2024 Open Michele Houston $160.00
474128 04/04/2024 Open Midwest Tape, LLC dba Midwest Tape $421.09 474129 04/04/2024 Open MissionSquare Retirement $72,351.69 474130 04/04/2024 Open MJ Communications, Inc $1,930.00 474131 04/04/2024 Open MNS Engineers, Inc $1,192.50
474132 04/04/2024 Open Monterey County Weekly $148.50
474133 04/04/2024 Open MP Express, Inc $2,184.72
474134 04/04/2024 Open Natividad Medical Foundation $9,655.78 474135 04/04/2024 Open O'Reilly Auto Parts $138.70
474136 04/04/2024 Open Office Depot Business Service Division $395.31 474137 04/04/2024 Open Operation Freedom Paws $1,028.00 474138 04/04/2024 Open Pacific Gas and Electric Company $28,422.73 474139 04/04/2024 Open Pacific Truck Parts Inc $2,540.57 474140 04/04/2024 Open Petsmart $871.07
474141 04/04/2024 Open Playaway Products LLC $4,017.48
474142 04/04/2024 Open PLM Lender Services Inc $431.25
474143 04/04/2024 Open Protel Communications, Inc dba Protelesis Corporat $152.03 474144 04/04/2024 Open Quality Water Enterprises Inc dba Culligan Water $354.85 474145 04/04/2024 Open Rancho Cielo Youth Center $10,959.53 474146 04/04/2024 Open Refrigeration Supplies Distributor $315.55 474147 04/04/2024 Open Republic Services of Salinas $1,604.16 474148 04/04/2024 Open Rincon Consultants, Inc. $1,538.50 474149 04/04/2024 Open Robert Durst $4,744.67
474150 04/04/2024 Open Ronnie G. Rehn dba Smokey Key Service $108.16 474151 04/04/2024 Open Ross Recreation Equipment $28,735.00 474152 04/04/2024 Open Same Day Shred $105.00
474153 04/04/2024 Open San Lorenzo Lumber $224.41
474154 04/04/2024 Open Sentry Alarm System $999.00
474155 04/04/2024 Open Shawn Miguel Russell dba Russell Investigations $1,373.49 474156 04/04/2024 Open Signa LLC $464.64
474157 04/04/2024 Open Signa LLC $2,514.41
474158 04/04/2024 Open Silicon Valley Mtry Bay Council Inc Boy Scouts of $1,618.00 474159 04/04/2024 Open Sirchie Finger Print Laboratories $2,218.50 user: Josephine Fernandez Pages: 3 of 7 Tuesday, April 16, 2024 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 4/2/2024 - To Payment Date: 4/16/2024 474160 04/04/2024 Open Smith and Enright Landscaping $59,395.00 474161 04/04/2024 Open Stryker Sales Corporation $1,234.09 474162 04/04/2024 Open Sturdy Oil Company $8,982.26
474163 04/04/2024 Open Sun Badge Company $3,446.76
474164 04/04/2024 Open T-Mobile USA $125.00
474165 04/04/2024 Open T-Mobile USA $25.00
474166 04/04/2024 Open T-Mobile USA $39.65
474167 04/04/2024 Open Target Pest Control $590.00
474168 04/04/2024 Open TEF Architecture & Interior Design, Inc dba TEF De $12,667.25 474169 04/04/2024 Open Tehama Golf Club LLC $400.00
474170 04/04/2024 Open The Ed Jones Company, Incorporated $1,611.03 474171 04/04/2024 Open Todd Hearnsberger dba TH Electric $1,562.40 474172 04/04/2024 Open Toxic Substances Control, CA Department of $708.62 474173 04/04/2024 Open Tri County Fire Protection $800.00 474174 04/04/2024 Open Uline, Inc $2,746.51
474175 04/04/2024 Open United Parcel Service $150.20
474176 04/04/2024 Open Urban Field Studio Oakland $8,078.84 474177 04/04/2024 Open Valley Saw Shop $499.05
474178 04/04/2024 Open Vegetable Growers Supply Company $42.07 474179 04/04/2024 Open Verizon Wireless $250.37
474180 04/04/2024 Open Verizon Wireless $3,981.21
474181 04/04/2024 Open Vivian Salinas Petty Cash Custodian $397.31 474182 04/04/2024 Open W W Grainger Inc $3,240.46
474183 04/04/2024 Open Wald, Ruhnke & Dost Architects, LLP $4,348.59 474184 04/04/2024 Open Wallace Group A California Corporation $27,966.25 474185 04/04/2024 Open Walmart c/o Capitol One $1,098.96 474186 04/04/2024 Open WCAF, LLC dba Watsonville Ford $1,046.14 474187 04/04/2024 Open WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram $1,035.29 474188 04/04/2024 Open Westpark Electronics, LLC dba Abes of Maine $1,399.99 474189 04/04/2024 Open Witmer Associates Inc $2,193.11
474190 04/04/2024 Open Worldpac $522.02
474191 04/11/2024 Open Angel Gonzalez $85.00
474192 04/11/2024 Open Anthony Rocha $176.26
474193 04/11/2024 Open Forensic Pieces, Inc $485.00
474194 04/11/2024 Open Jim Pia $204.72
474195 04/11/2024 Open Luis Bravo $259.00
474196 04/11/2024 Open Sophia Rome $268.37
474197 04/11/2024 Open Stephen Craig $155.25
474198 04/11/2024 Open 2NDNATURE, LLC $71,262.25
474199 04/11/2024 Open 4 Imprint $7,302.70
474200 04/11/2024 Open Accounting Service Center Dispersing Office $2,500.00 user: Josephine Fernandez Pages: 4 of 7 Tuesday, April 16, 2024 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 4/2/2024 - To Payment Date: 4/16/2024 474201 04/11/2024 Open Ace Hardware $147.88
474202 04/11/2024 Open Advanced Rescue Solutions $11,000.00 474203 04/11/2024 Open Agile Occupational Medicine PC $1,801.00 474204 04/11/2024 Open All Pets Hospital $1,873.26
474205 04/11/2024 Open Amazon.Com $2,337.89
474206 04/11/2024 Open American Supply Company $181.99
474207 04/11/2024 Open Ana Rueda De Vidales dba JAV Language Solutions $1,573.64 474208 04/11/2024 Open Analgesic Services Inc $285.00
474209 04/11/2024 Open AT and T $20,788.18
474210 04/11/2024 Open AT and T $332.56
474211 04/11/2024 Open AT and T $8,516.33
474212 04/11/2024 Open Axon Enterprise, Inc. $816,877.23 474213 04/11/2024 Open Bay Area Community Services Inc. $826,822.51 474214 04/11/2024 Open Bear Electrical Solutions Inc $10,250.00 474215 04/11/2024 Open Brownells Inc $240.60
474216 04/11/2024 Open California State Library $2,003.00 474217 04/11/2024 Open California Water Service $1,468.07 474218 04/11/2024 Open California Water Service $18,664.79 474219 04/11/2024 Open CDW Government LLC $20,298.49
474220 04/11/2024 Open Cintas $1,320.30
474221 04/11/2024 Open Coast Counties Truck & Equipment Co dba Coast Coun $116.97 474222 04/11/2024 Open Comcast $2,897.50
474223 04/11/2024 Open Comcast (Business) $373.26
474224 04/11/2024 Open Community Homeless Solutions $154,818.79 474225 04/11/2024 Open Consolidated Electrical Distributors, Inc. $263.22 474226 04/11/2024 Open County of Monterey Information Technology Dept $11,200.00 474227 04/11/2024 Open CPS HR Consulting $307.50
474228 04/11/2024 Open CSC Of Salinas $264.66
474229 04/11/2024 Open CSG Consultants $17,905.85
474230 04/11/2024 Open Dataflow Business Systems Inc $185.38 474231 04/11/2024 Open David E. Ramos, MD, Inc $7,200.00 474232 04/11/2024 Open De Novo Planning Group $23,432.50 474233 04/11/2024 Open Department Of Justice $2,167.00
474234 04/11/2024 Open Don Chapin Inc $1,072.48
474235 04/11/2024 Open EBSCO Industries, Inc dba EBSCO, EBSCO Information $2,346.29 474236 04/11/2024 Open Elani Trejo Petty Cash $92.00
474237 04/11/2024 Open Environmental Systems, Inc of Northern California $1,309.00 474238 04/11/2024 Open Fastenal Company $423.39
474239 04/11/2024 Open Fed Ex $41.41
474240 04/11/2024 Open Felipe Vasquez dba 831 Heating, Inc $460.00 474241 04/11/2024 Open First Alarm $327.15
user: Josephine Fernandez Pages: 5 of 7 Tuesday, April 16, 2024 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 4/2/2024 - To Payment Date: 4/16/2024 474242 04/11/2024 Open First Alarm Security & Patrol Inc dba An Allied Un $3,170.00 474243 04/11/2024 Open Formax, LLC $1,764.00
474244 04/11/2024 Open G2Solutions, Inc $12.75
474245 04/11/2024 Open Gavilan Printers LLC $447.87
474246 04/11/2024 Open Genuine Parts Company dba NAPA Auto Parts $83.69 474247 04/11/2024 Open Glasswork by Design $5,248.00
474248 04/11/2024 Open Golden State Truck and Trailer Repair $857.57 474249 04/11/2024 Open Granite Rock Co $2,811.13
474250 04/11/2024 Open Grey House Publishing, Inc dba Salem Press Product $2,995.00 474251 04/11/2024 Open HDTV Supply Inc $5,290.75
474252 04/11/2024 Open Hemi's Landscaping and Concrete Inc $2,500.00 474253 04/11/2024 Open Hilda Garcia Petty Cash Custodian $50.00 474254 04/11/2024 Open Hinderliter De Llamas and Associates $2,685.58 474255 04/11/2024 Open Homer T Hayward Lumber Co dba Hayward Lumber $247.81 474256 04/11/2024 Open Instrument Technology Corporation $115.36 474257 04/11/2024 Open Iteris Inc $54,533.23
474258 04/11/2024 Open Jam Services Inc $7,226.89
474259 04/11/2024 Open Jesse And Evan Inc dba La Plaza Bakery $438.38 474260 04/11/2024 Open Jimenez Autobody Parts, Inc dba C & J Auto Parts $31.68 474261 04/11/2024 Open John E Arriaga Dba J.E.A. and Associates $10,500.00 474262 04/11/2024 Open Johnson Associates $80.24
474263 04/11/2024 Open Jose Luis Corral dba Salinas Pizza $5,000.15 474264 04/11/2024 Open Kimley Horn And Assoc Inc $22,639.86 474265 04/11/2024 Open Kysmet Security & Patrol $4,368.00 474266 04/11/2024 Open L.N. Curtis & Sons $5,753.95
474267 04/11/2024 Open Lawrence F Conte dba Aaron Overhead Doors $990.00 474268 04/11/2024 Open M3 Environmental Consulting $1,280.00 474269 04/11/2024 Open Martin Sandoval dba Lock Stock N' Barrel $61.60 474270 04/11/2024 Open Medics For Life Inc $4,000.00
474271 04/11/2024 Open Monterey County Fire Training Officers Association $500.00 474272 04/11/2024 Open Monterey Transfer and Storage Inc $855.50 474273 04/11/2024 Open Monterra Ranch Of Monterey Home Owner's Associatio $460.00 474274 04/11/2024 Open MV Cheng & Associates Inc. $6,667.50 474275 04/11/2024 Open Navarros Furniture $2,500.00
474276 04/11/2024 Open Office Depot Business Service Division $1,543.40 474277 04/11/2024 Open One Workplace L Ferrari, LLC dba Peninsula Busines $19,395.52 474278 04/11/2024 Open Pacific Gas and Electric Company $6,698.55 474279 04/11/2024 Open Pacific Gas and Electric Company $4,161.64 474280 04/11/2024 Open Pacific Truck Parts Inc $180.44
474281 04/11/2024 Open Pacific Water Resources $757.23
474282 04/11/2024 Open Pedro C Estrada Dba Estrada Janitorial Service $59,990.00 user: Josephine Fernandez Pages: 6 of 7 Tuesday, April 16, 2024 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 4/2/2024 - To Payment Date: 4/16/2024 474283 04/11/2024 Open PJ Trucking Academy LLC $3,100.00 474284 04/11/2024 Open Quality Water Enterprises Inc dba Culligan Water $180.18 474285 04/11/2024 Open RDO Equipment Company $39.17
474286 04/11/2024 Open Rexel USA, Inc dba Platt Electric Supply $1,647.47 474287 04/11/2024 Open Rincon Consultants, Inc. $3,753.82 474288 04/11/2024 Open Robert Cox $620.38
474289 04/11/2024 Open Salinas Valley Ford Inc $818.31
474290 04/11/2024 Open Same Day Shred $50.00
474291 04/11/2024 Open San Lorenzo Lumber $1,286.49
474292 04/11/2024 Open SettlementOne Screening Corporation dba PeopleFact $81.42 474293 04/11/2024 Open Shawn Miguel Russell dba Russell Investigations $6,283.95 474294 04/11/2024 Open Smith and Enright Landscaping $51,279.67 474295 04/11/2024 Open SpeakWrite LLC $2,600.28
474296 04/11/2024 Open Sturdy Oil Company $21,928.97
474297 04/11/2024 Open SVMHS Clinics dba Salinas Valley Medical Clinic $186.00 474298 04/11/2024 Open SWA Group Inc $11,097.64
474299 04/11/2024 Open Systems Technology Group Inc $995.00 474300 04/11/2024 Open Target Pest Control $430.00
474301 04/11/2024 Open TechRx Technology Services Corporation $2,850.00 474302 04/11/2024 Open The Sherwin-Williams Co $43.31
474303 04/11/2024 Open Tiffanys Body Shop $2,197.51
474304 04/11/2024 Open TK Elevator Corporation $5,451.33 474305 04/11/2024 Open Todd Hearnsberger dba TH Electric $722.01 474306 04/11/2024 Open Tri County Fire Protection $80.00 474307 04/11/2024 Open Tyler Business Forms $275.73
474308 04/11/2024 Open U.S. Bank National Association ND $50,027.51 474309 04/11/2024 Open United Parcel Service $42.81
474310 04/11/2024 Open United Site Services $375.10
474311 04/11/2024 Open Valley Saw Shop $1,676.95
474312 04/11/2024 Open Veritiv Operating Company Formerly xpedx $928.29 474313 04/11/2024 Open Verizon Wireless $3,744.87
474314 04/11/2024 Open Vision Service Plan $765.53
474315 04/11/2024 Open W W Grainger Inc $1,850.18
474316 04/11/2024 Open Walmart c/o Capitol One $396.72 474317 04/11/2024 Open WCAF, LLC dba Watsonville Ford $320.47 474318 04/11/2024 Open Western Systems, Incorporated $27,444.82 474319 04/11/2024 Open Witmer Associates Inc $13,414.16 474320 04/11/2024 Open YourMembership.com.Inc. $699.00
$3,538,066.50Type Check Totals:

General Account - General Account Totals
user: Josephine Fernandez Pages: 7 of 7 Tuesday, April 16, 2024 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-146, Version: 1
Amendment No. 2 to Master Services Agreement with 2nd Nature LLC Approve a Resolution authorizing the Interim City Manager to execute Amendment No. 2 to the Master Services Agreement for Professional Services between the City of Salinas and 2nd Nature LLC for NPDES permit compliance support, watershed modeling, ArcGIS field applications, and geospatial data management in an amount not to exceed $2.5 million for the duration of the Agreement and extending the term of the Agreement until October 1, 2025.

City of Salinas Printed on 4/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: AMENDMENT NO.2 TO THE MASTER SERVICES AGREEMENT
(MSA) BETWEEN THE CITY OF SALINAS AND 2ND NATURE
LLC

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the interim City Manager to execute Amendment No. 2 to the Master Services Agreement (MSA) for Professional Services 2ND Nature LLC to provide National Pollutant Discharge Elimination System (NPDES) Permit compliance support, watershed modeling, ArcGIS field applications, and geospatial data management in an amount not to exceed $2,500,000.

EXECUTIVE SUMMARY:

On May 1, 2018, City Council approved Resolution 21374 authorizing execution of a Master Service Agreement (MSA) for Professional Services between the City of Salinas and 2ND Nature LLC to provide NPDES permit program compliance, data management, and watershed modeling services for the City’s Stormwater NPDES Permit program. On March 6, 2023, Amendment No. 1 was approved to extend the MSA until May 1, 2024. The current MSA inc ludes language indicating that the Agreement “may be extended only upon mutual written consent of the parties “ (City of Salinas and 2nd Nature). Therefore, Amendment No. 2 extends the current MSA until Oct 1, 2025, when a new NPDES permit with new requirements will be adopted.

BACKGROUND:

On February 26, 2016, the City issued a Request For Qualifications (RFQ) for NPDES permit compliance on -call support services. Submittals were received from a total of 14 firms and reviewed based on the selection criteria listed in the RFQ. A review panel consisting of City staff identified 2ND Nature LLC as the only firm with the specific qualifications needed, having developed the tools specified for use in the City’s NPDES to support stormwater compliance Page | 2
modeling and geospatial data collection required by the Central Coast Water Board. Since that time, 2ND Nature has provided NPDES support on projects that individually have been below $100,000; however, in totality the projects awarded have exceeded $100,000. T herefore, per the City’s procurement process, a City Council-approved MSA was required.

On May 2018, an MSA was developed, negotiated, and signed by 2ND Nature and the City. The Agreement was initially for five years and was set to expire on May 1, 2023. The consultant agreed to compensation on a project-by-project basis according to a pre-determined schedule, with each project subject to review and approval by the City Manager, Public Works Director and/or City Engineer. It was determined that it was necessary for continued support by 2 ND Nature LLC, therefore Amendment No.1 was executed on March 6, 2023, to extend the MSA term to May 1, 2024. The Consultant continues to provide services under the terms and conditions of the Master Services Agreement with the scope of work and cost negotiated by Staff. Should the total compensation on an individual project exceed $100,000, the item is brought before Council for approval as required.

The City’s current NPDES permit is scheduled to expire in October 202 4, after which a new NPDES permit will be adopted with new NPDES requirements. After conversations with the Central Coast Water Board, the new NPDES permit will not realistically be adopted and in place until October 2025. Until the new permit is adopted, the requirements of the current permit remain in place. To ensure continuity of service, Amendment No. 2 has been provided for approval by Council to extend the term of the current Master Service Agreement for Professional Services with 2ND Nature LLC to October 1, 2025. To prepare for the new permit requirements, a new RFQ will be advertised in the spring of 2025 to create a new On -Call list of consultants to provide NPDES Permit Support Services for the new NPDES permit, which should be adopted by the State Water Board in late 2025. Since the current permit requirements will not change until that time, it is requested that Amendment No. 2 extending the MSA term until Oct 1, 2025 , be approved by City Council.

In addition, Amendment No. 2 also includes the addition of a “Not -to-Exceed” amount of $2,500,000 for the life of the MSA , as now required by the City’s Finance and Legal Depts. The City’s NPDES Division currently appropriates approximately $1.5 million per year on various plans and projects. The amount, $ 2,500,000 million for the duration of the MSA , should allow sufficient time for any grant implementation support regarding watershed modeling and data management/geospatial reporting.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to Page | 3
activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

Approval of this Master Services Agreement Amendment is in alignment with the City’s goal to maintain compliance with all regulatory permits, which supports the City Council’s Strategic Plan Initiative of Infrastructure and Environmental Sustainability.

DEPARTMENTAL COORDINATION:

Internal department coordination on this item involved the Public Works Dept, Finance, and Legal.

FISCAL AND SUSTAINABILITY IMPACT:

Funding for FY 23 -24 is available and appropriated in 6500.50.5126. The costs for future years will be included as part of the annual budget process.

ATTACHMENTS:

Resolution
Amendment No. 2
Approved 2nd Nature LLC Amendment No. 1 routing package w/MSA and original Resolution RESOLUTION NO. __________ (N.C.S.)
A RESOLUTION APPROVING RESOLUTION NO. 2 TO THE MASTER SERVICES

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND 2ND NATURE LLC
WHEREAS, the City of Salinas was issued its current stormwater NPDES permit from the S tate Water Resources Control Board on October 2019; and
WHEREAS, sections of the permit have specific requirements for geospatial data management, compliance modeling, and program effectiveness assessment; and WHEREAS, City staff required the assistance of a consultant with expertise in these areas; and WHEREAS, on February 26, 2016, a Request For Qualifications (RFQ) for NPDES permit compliance on-call support services, issued and advertised on the City’s website and i n “The Salinas Californian”, a newspaper of general circulation, printed and published in the City of Salinas California; and
WHEREAS, submittals were received from 14 firms, and the submittals were reviewed based on the selection criteria listed in the RFQ document; and
WHEREAS, the review panel consisting of City staff identified 2nd Nature LLC as the only firm with the specific qualifications, having developed the tools specified in the City’s NPDES Permit, to support the stormwater compliance modeling and geospatial data collection required by the Central Coast Water Board.

WHEREAS, on March 6, 2023, Amendment No. 1 extending the Master Service s Agreement term to May 1, 2024, was approved; and
WHEREAS, staff recommends amending the Master Services Agreement to modify the Agreement, Section 3” Compensation” to include an amount not to exceed $2.5 million for the duration of the Agreement and modify Agreement Section 2 “Term: Completion Schedule ” to extend the term of the Agreement to October 1, 2025; and
NOW, THEREFORE, BE IT RESOLVED, that the Salinas City Council approves Amendment No. 2 to the Master Services Agreement for Professional Services between the City of Salinas and 2nd Nature LLC to provide NPDES permit compliance support, watershed modeling, ArcGIS field applications, and geospatial data management as required by the City’s NPDES Permit; and BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Amendment No. 2 to the Master Services Agreement for Professional Services with 2 nd Nature LLC in an amount not to exceed $2.5 million for the term of the Master Services Agreement.

PASSED AND APPROVED this 23rd day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk

Version: November 2022

AGREEMENT —AMENDMENT NO. 2 TO

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND 2NDNATURE LLC

This Amendment No. 2 to the Agreement for Professional Services (the “Amendment”) is entered into this 23rd day of April 2024, by and between the City of Salinas (the “City”) and 2NDNATURE LLC, (the “Consultant”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS

WHEREAS, the City and Consultant first entered into an Agreement for Professional Services effective May 1, 2018, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and

WHEREAS, the City and Consultant amended the Agreement on March 6, 2023, to extend the term of the Agreement until May 1, 2024; and

WHEREAS, the City and Consultant desire to amend the Agreement to extend the term of the Agreement in order to ensure continuity of services and completion of NPDES permit requirements until a new NPDES permit is adopted in late 2025.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The Agreement, Section 2 “Term: Completion Schedule”, is amended and restated in its entirety with the following:

This Agreement shall commence on 1 May 2018, and shall terminate on 1 October 2025, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.

2. The Agreement, Section 3 “Compensation”, is amended and restated in its entirety with the following:

City hereby agrees to pay Consultant on a time and materials basis for services rendered the City Not To Exceed $2.5M for the duration of the Agreement, in accord with Consultant’s hourly rates of compensation set forth in Exhibit B.

3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.

Version: November 2022

CITY OF SALINAS

___________________________________
Jim Pia
Interim City Manager

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

CONSULTANT:

2NDNATURE LLC

____________________________________
Printed name: Nicole Beck
Title: Principal

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-178, Version: 1
Amendment No. 4 to Agreement for Services with Benitez Security Services, Inc.

Approve a Resolution authorizing the Interim City Manager or designee to execute Amendment No. 4 to Agreement for Services with Benitez Security Services, Inc. increasing the total not to exceed compensation amount to $1,065,237 and extending the term through June 30, 2024.

City of Salinas Printed on 4/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: FRANCISCO BRAMBILA, ACTING PLANNING MANAGER
BY: JACQUELINE SMITH, HOMELESS SERVICES MANAGER
TITLE: AMENDMENT NO. 4 TO AGREEMENT FOR SERVICES WITH
BENITEZ SECURITY SERVICES, INC.

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Interim City Manager to execute Amendment No. 4 to Agreement for Services No. 22ARPA04 with Benitez Security Services, Inc. increasing the total not to exceed compensation amount to $1,065,237 and extending the term through June 30, 2024.

EXECUTIVE SUMMARY:

The City of Salinas (City) currently serves as the administrative entity and service provider for an Emergency Motel Program (EMP) at the Steinbeck Lodge at 109 John Street in Salinas which provides emergency shelter and housing navigation services . This program is supported by 24 - hour security services from Benitez Security Services, Inc. (BSSI). Amendment No. 4 increases the compensation amount by $159,237 to a total not to exceed amount of $1,065,237 and extends the term to June 30, 2024, to ensure uninterrupted services. Amendment No. 4 will be funded by grant appropriations from the Encampment Resolution Fund (ER F). The City has prepared a Request for Proposal (RFP) to solicit bids through a competitive proces s to provide security services starting July 1, 2024.

BACKGROUND:

On December 1, 2022, the City and BSSI entered into an Agreement for Services No. 22ARPA04 (Agreement) to provide security services for the EMP. This Agreement, commencing on January 1, 2023, and ending on June 30, 2023, stipulated a total compensation not to exceed $486,000 .

The Agreement was subsequently amended three times to ensure the continuation of security services at the EMP.
 Amendment No. 1 extended the term through August 31, 2023. (April 6, 2023)  Amendment No. 2 increased the compensation amount by $420,000, bringing the total not to exceed amount to $906,000, and extended the term through March 31, 2024. (May 16, 2023)
Page | 2
 Amendment No. 3 extended the term through April 30, 2024. (March 28, 2024) Amendment No. 4 to the Agreement increases compensation by $159,237 to a total not to exceed amount of $1,065,237 and extends the term through June 30, 2024. This amendment is crucial for maintaining uninterrupted security services at the EMP through the end of the fiscal year, June 30, 2024. The City has prepared a Request for Proposal (RFP) to solicit bids through a competitive process to provide security services starting July 1, 2024.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has dete rmined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The proposed Amendment will advance the City of Salinas Strategic Plan 2022 -2025 Goal of Housing/Affordable Housing through the provision of a safe, transitional housing environment for those in need of emergency shelter while they receive housing navigation services with the objective of permanent housing placement.

DEPARTMENTAL COORDINATION:

This agenda ite m was prepared by and is solely administered by the Community Development Department with contributions from both the City Attorney and Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

The EMP and associated services, including security , has been funded by appropriations from American Rescue Plan Act (ARPA), the County’s Project Room Key Motel Program and ARPA (County ARPA), and the General Fund for Homeless Services Coordination.

On January 9, 2024, the Council adopted Resolution #22875, consenting to accept a grant in the amount of $8,081,101.25 for the term 2024 to 2027 from the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Fund Program (ERF). Amendment No. 4 to the Agreement with BSSI will be funded through ERF grant. There will be no General Fund Impact.

ATTACHMENTS:

Resolution - Amendment No. 4
Amendment No. 4 to Agreement for Services – Draft
Agreement for Services and Amendments No. 1-3
Resolution 22875 – Cal ICH Encampment Resolution Fund
RESOLUTION NO. ____________ (N.C.S.)

A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO AGREEMENT FOR SERVICES WITH BENITEZ SECURITY SERVICES, INC.

WHEREAS, the City of Salinas (City) currently serves as the administrative entity and service provider for an Emergency Motel Program (EMP) at the Steinbeck Lodge at 109 John Street in Salinas which provides emergency shelter and housing navigation services; and WHEREAS, On December 1, 2022, the City and Benitez Security Services Inc. (BSSI) first entered into an Agreement for Services No. 22ARPA04 (Agreement) to provide security services for the EMP, with a term commencing on January 1, 2023, and ending on June 30, 2023, and total compensation not to exceed $486,000; and
WHEREAS, on April 6, 2023, the City and BSSI executed Amendment No. 1 to the Agreement to extend the term through August 31, 2023; and WHEREAS, On May 16, 2023, the City and BSSI executed Amendment No. 2 to the Agreement, which increased the compensation amount by $420,000, bringing the total to not exceed amount to $906,000, and extended the term through March 31, 2024; and WHEREAS, on March 28, 2024, the City and BSSI executed Amendment No. 3, to extend the term through April 30, 2024; and
WHEREAS, the proposed Amendment No. 4 to the Agreement increases the compensation amount by $159,237, bringing the total not to exceed compensation amount to $1,065,237, and extends the term through June 30, 2024; and WHEREAS, this increase in compensation will be funded by appropriations from the Encampment Resolution Fund program; and
WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Salinas that it hereby authorizes the Interim City Manager, for and on behalf of the City of Salinas, to execute Amendment No. 4 to the Agreement with B SSI increasing the total not to exceed compensation amount to $1,065,237 and extending the term through June 30, 2024.

PASSED AND APPROVED this 23rd day of April 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Kimbley Craig, Mayor
ATTEST:

__________________________________
Patricia M. Barajas, City Clerk

AMENDMENT NO. 4

AGREEMENT FOR SERIVCES BETWEEN THE CITY OF SALINAS
AND BENITEZ SECURITY SERVICES, INC.

FOR

SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04

This Amendment No. 4 to the original Funding Agreement is entered on May 1, 2024, between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).

WITNESSETH
WHEREAS, the City and Benitez Security Services Inc. first entered into an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, pursuant to which Benitez Security Inc. agreed to act as and provide certain services for compensation; and WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023.

WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 2 to the Agreement to extend funding term through March 31, 2024 WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 3 to the Agreement to extend funding term through April 30, 2024 WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to extend funding term t hrough June 30, 2024, and to increase the total not to exceed compensation amount by $159,237 for a total maximum compensation of $1,065,237.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

1. Section 3 entitled "Term” is revised to read as follows:

The work under this Agreement shall commence on January 1, 2023 , and shall be completed by June 30th, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.

2. First sentence of Section 4 entitled “Payment” is revised to read as follows:

City hereby agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed one million sixty five thousand two hundred thirty seve n dollars and zero cents ($1,065,237.00).

3. All terms, covenants and conditions stated in the Original Funding Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 which are not herein amended, remain in full force and effect.

IN WITNESS HEREOF, the parties have executed this Amendment No. 3 effective as of the date shown above.

City of Salinas Grantee:

By:

By:

Jim Pia, Interim City Manager Jesus Benitez, Chief Executive Officer

APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney

FISCAL YEAR 2022-23

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND
BENITIEZ SECURITY SERVICES INC.

-7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.
-7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ Agreement for Services v. January 2021 Page 1 of 6
Benitez Security Services, Inc.

January 2023

FISCAL YEAR 2022-23

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.

FOR

SECURITY SERVICES FOR THE ARPA/PRK MOTEL PROGRAM
Agreement Number: 22ARPA04

THIS AGREEMENT is executed this 1 st day of December 2022, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and muni cipal corporation (hereinafter “City”) and Benitez Security Services, Inc., a California corporation (Hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide the City, security services for the ARPA/PRK Motel Program under this Agreement, as more fully described in Attachment B – Scope of Work, attached hereto and incorporated herein by reference.

2. Timeliness. Contractor shall perform all tas ks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is here by deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.

3. Term. The work under this Agreement shall commence on January 1 st, 2023, and shall be
completed by June 30th, 2023, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.

4. Payment. City hereby agrees to pay and Contractor agrees to accept as fu ll and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed four hundred eighty-six thousand dollars ($486,000.00). Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of mon thly written invoices to the City.

The payment of any compensation shall be contingent upon perfor mance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as th e work has been satisfactorily performed.

5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.

6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all -7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ Agreement for Services v. January 2021 Page 2 of 6
Benitez Security Services, Inc.

January 2023

liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agent s, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, excep t where caused by the sole negligence or willful misconduct of the City.

8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.

9. Termination. City may terminate this Agreement upon ten days’ written notice . The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.

10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.

11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

13. Validity. If any provision in this Agreement is held by a court of compet ent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. Counterparts. This Agreement may be executed in multiple originals, each of w hich is deemed to be an original, and may be signed in counterparts.

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.

CITY OF SALINAS

CONTRACTOR

Steve Carrigan, City Manager

Jesus Benitez, Chief Executive Officer
APPROVED AS TO FORM:

Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

-7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$

Agreement for Services v. January 2021 Page 3 of 6
Benitez Security Services, Inc.

January 2023

Attachment A
Insurance Requirements

Contractor shall procure and maintain for the duration of the c ontract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunde r by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office ( “ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and com pleted operations, property damage, bodily injury and personal & advertising injury with li mits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the ge neral aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04 ) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits , and Employers’ Liability insurance with a limit of no less than $1, 000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no les s than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Contractor maintains broader coverage and/or higher limi ts than the minimums shown above, the Contractor requires a nd shall be entitled to the bro ader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing pay ment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers ar e to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the -7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ Agreement for Services v. January 2021 Page 4 of 6
Benitez Security Services, Inc.

January 2023

Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as r espects the City, its officers, officials, employees, and volunteers. Any insurance or self-ins urance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor ’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct b usiness in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which a ny insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. C ontractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogat ion in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorseme nts to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors mai ntain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor -7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ Agreement for Services v. January 2021 Page 5 of 6
Benitez Security Services, Inc.

January 2023

may carry, at its own expense, such additional insurance as it deems necessary.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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Benitez Security Services, Inc.

January 2023

Attachment B
Scope of Work

Schedule of Charges for Security Services and Equipment

NUMBER OF SECURITY GUARDS: Three (3) (UNARMED)
HOURS OF GUARD SERVICE PER WEEK:
1) Security Officer 1: 168 hours
2) Security Officer 2: 168 hours
3) Security Officer 3: 168 hours
Total Hours: 504 a week
START DATE: Continued from Center for Independent Living Contract January 1, 2023 WEEKLY SCHEDULE:
1) Security Officer 1: Monday-Sunday
2) Security Officer 2: Monday-Sunday
3) Security Officer 3: Monday-Sunday
BILLING RATE(S):
• $36.00 Per hour: Unarmed Security Officer
• On Call Consultation services (Included at a discounted rate) • (2) Silvertrac Monthly reporting software licenses
• (2) Cellphone reporting devices (Included at no additional cost) • Radios, signs, and limited security equipment
(Monthly equipment fee will be applied to invoice)
OVERTIME RATE POLICY:

The Overtime rate is for each hour of service rendered by each Security Officer in excess of eight (8) hours on any single shift within a twenty-four (24) hour period or in excess of forty (40) hours in any single week. For each security officer who is required to appear in court or at a deposition as a witness as a result of an occurrence at Ci ty's facility, Company shall bill City at the overtime rate for the number of hours the Security Officer is required to be present in court, plus parking charges and travel time to court. Overtime shall be calculated at 1.5 times the regular billed hourly rate after the 8th hour and up to the 12th hour of any single shift. Overtime work completed by a guard on any single shift after the 12th hour shall be calculated at twice the hourly billed rate.

HOLIDAY RATE POLICY:

The holiday rate is for any services by each security guard on any of the following holidays:

New Year’s Day, L abor Day, Presidents Day, Veterans Day, Memorial Day , Thanksgiving Day , Independence Day, and Christmas Day. Holiday rate shall be calc ulated at 1.5 times the regular billed hourly rate.

POST ORDERS: Will be added below and agreed upon by company and City.

-7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ FUNDING AGREEMENT AMENDMENT No. 1

CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.

FOR

SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04

This Amendment No. 1 to the Original Funding Agreement is enter ed on April 6, 2023, between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).

WITNESSETH
WHEREAS, the City and Benitez Security Services Inc. first entered int o an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective December 1, 2022, pursuant to which Benitez Security Inc. agreed to act as and provide certain services for compensation; and WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to extend funding term through August 31, 2023.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

1. Section 3 entitled "Term” is revised to read as follows:

The work under this Agreement shall commence on January 1st, 20 23, and shall be completed by August 31st, 2023, unless City grants a written ex tension of time as set forth in Section 2 above. This Agreement may be extended only u pon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.

2. All terms, covenants and conditions stated in the Original Fund ing Agreement, which are not herein amended, remain in full force and effect.

IN WITNESS HEREOF , the parties have executed this Amendment No. 1 effective as of the date shown above.

City of Salinas Grantee:

By:

By:

Steven S. Carrigan., City Manager Jesus Benitez, Chief Executive Officer

APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney

-82:1547Ā.7;36893Ā0-*Ā+(!&.%!#Ȁ ./#Ȁ$"--Ȁ)+.-Ȁ)"%&'$.#%'+,

AMENDMENT No. 2

AGREEMENT FOR SERVICES BETWEEN THE CITY OF SALINAS
AND BENITEZ SECURITY SERVICES, INC.

FOR

SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04

This Amendment No. 2 is entered on June 13 , 2023 , between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).

WITNESSETH
WHEREAS, the City and Benitez Security Services Inc. first entered into an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, pursuant to which Benitez Security Inc. agreed to act as and provide certain services for compensation; and WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023.

WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to extend funding term through March 31, 2024, and increase the agreement by $420,000 for a total maximum compensation to $906,000.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

1. Section 3 entitled "Term” is revised to read as follows:

The work under this Agreement shall commence on January 1st, 2023, and shall be completed by March 31st, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.

2. First sentence of Section 4 entitled “Payment” is revised to read as follows:

City hereby agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed nine hundred and six thousand dollars ($906,000.00).

3. All terms, covenants and conditions stated in the Original Funding Agreement, and Amendment No. 1, which are not herein amended, remain in full force and effect.

IN WITNESS T HEREOF, the parties have executed this Amendment No. 2 effective DocuSign Envelope ID: EEF54A6C-0670-46C8-8252-ABEB715746F7

as of the date shown above.

City of Salinas Grantee:

By:

By:

Steven S. Carrigan., City Manager Jesus Benitez, Chief Executive Officer

APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney

DocuSign Envelope ID: EEF54A6C-0670-46C8-8252-ABEB715746F7

AGREEMENT FOR SERVICES AMENDMENT No. 3

CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.

FOR

SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
Agreement No. 22ARPA04

This Amendment No. 3 to the original Agreement for Services (Agreement) is entered on March 27, 2024 , between BENITEZ SECURITY SERVICES, INC. a California corporation (Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).

WITNESSETH
WHEREAS, the City and the Contractor first entered into an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, pursuant to which Benitez Security Inc. agreed to act as and provide certain security services for compensation; and WHEREAS, on April 6, 2023, the City and Contractor entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023, and WHEREAS, on June 13, 2023, the City and Contractor entered into Amendment No. 2 to the Agreement to extend the funding term through March 31, 2024, and increase the agreement by $420,000 for a total maximum compensation to $906,000; and WHEREASE, the City and Contractor desire to am end the Agreement to extend the funding term through April 30, 2024.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

1. Section 3 entitled "Term” is revised to read as follows:

The work under this Agreement shall commence on January 1 st, 2023 , and shall be completed by April 30th, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.

2. All terms, covenants and conditions stated in the original Agreement for Services , Amendment No. 1, and Amendment No. 2 which are not herein amended, remain in fu ll force and effect.

DocuSign Envelope ID: 2CE9523E-9A13-457D-AE0F-FC752F72189C

IN WITNESS HEREOF, the parties have executed this Amendment No. 3 effective as of the date shown above.

City of Salinas Grantee:

By:

By:

Jim Pia., Interim City Manager Jesus Benitez, Chief Executive Officer

APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney

DocuSign Envelope ID: 2CE9523E-9A13-457D-AE0F-FC752F72189C 1 RESOLUTION NO. 22875 (N.C.S.)

A RESOLUTION OF THE CITY COUNCIL AUTHORIZING ACCEPTNCE OF A

CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS ENCAMPMENT RESOLUTION FUND GRANT AWARD IN THE AMOUNT OF $8,081,101.25,

EXECUTION OF ALL REQUIRED AGREEMENTS AND RELATED DOCUMENTS

NECESSARY TO IMPLEMENT THE PROGRAM, AN ADDITIONAL
APPROPRIATION OF $8,081,101.25 TO THE CAL ICH ERF FUND, AND ESTABLISHMENT OF A CORRESPONDING ERF2 REVENUE BUDGET
WHEREAS, the California Interagency Council on Homelessness (CAL ICH) released a second Notice of Funding Availability (NOFA) for the Encampment Resolution Fund (ERF) with a total allocation of $237,031,738; and

WHEREAS, the ERF Program seeks to fund local projects that provide services to address the immediate crisis of experiencing unsheltered homelessness in encampments, to support people living in encampments onto paths to safe and stable housing and result in sustainable restoration of public spaces to their intended uses while safeguarding the needs of unhoused peopl e seeking shelter; and

WHEREAS, the City of Salinas Community Development Department submitted a proposal on June 30, 2023, requesting $8,081,101.25, to address homeless encampments and the environmental impacts specifically at the Carr Lake encampment; and

WHEREAS, on September 12, 2023, the California Interagency Council on Homelessness ERF Program provided the City with an “Notice of Intent to Award” funds in the amount of $8,081,101.25 to the City of Salinas.

NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Resolution authorizing the Interim City Manager or designee to accept a grant award in the amount $8,081,101.25 from the California Interagency Council on Homelessness Encampment Resolution Fund Program and execute all required Agreements and related documents necessary to implement the program.

BE IT FURTHER RESOLVED that the City Council authorizes an a dditional appropriation of $8,081,101.25 to the ERF fund and the establishment of a corresponding ER F2 revenue budget.

PASSED AND APPROVED this 9th day of January 2024, by the following vote:

AYES: Councilmember Barrera, Osornio, Rocha, Sandoval and Mayor Pro Tem McShane

NOES: None

ABSENT: Councilmember Gonzalez and Mayor Craig

ABSTAIN: None
DocuSign Envelope ID: F4A7D7D1-EA2C-4437-9B22-6FD349E3E4C5 2 APPROVED:

____________________________
Steve McShane, Mayor Pro Tem

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: F4A7D7D1-EA2C-4437-9B22-6FD349E3E4C5

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-192, Version: 1
Annual Maintenance Service Agreement with EnvisionWare, Inc.

Approve a Resolution authorizing the Interim City Manager to enter into a service agreement with EnvisioinWare, Inc. for annual maintenance of the Library Automated Self-Checkout System in the amount of $35,732.62.

City of Salinas Printed on 4/19/2024Page 1 of 1
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: April 23, 2024
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
BY: FRANCIS HEBERT, INTERIM DEPUTY LIBRARIAN
TITLE: ANNUAL MAINTENANCE SERVICE AGREEEMENT WITH
ENVISIONWARE, INC. FOR LIBRARY AUTOMATED SELF -

CHECK OUT SYSTEM

RECOMMENDED MOTION:

A motion to a pprove a Resolution authorizing the Interim City Manager to enter into a service agreement in the amount of $3 5,732.62 with EnvisionWare, Inc. for annual maintenance of the Library Automated Self-Checkout System.

EXECUTIVE SUMMARY:

One of the greatest advantages of RFID technology in libraries is the ease and speed of checkout.

A stack of RFID-equipped books can be read and checked out at the same time, and because the technology is easy to use, is fast, and customers are easily able to serve themselves. Check -in is also made much faster and easier with an RFID system. A self -check machine with e-commerce technology installed, as well as a coin and bill change, allows for customers to also pay fines and fees quickly and easily without staff intervention.

DISCUSSION:

In July 2017, the City entered into an Agreement with EnvisionWare, Inc. of Duluth, Georgia for the purchase of technology, supplies, professional services, and hardware/software maintenance to facilitate the installation of RFID/self-service technology systems for the Library & Community Services Department.

Maintenance of the automated self-checkout system is required annually. EnvisionWare, Inc. has provided a quote for this year’s maintenance totaling $35,732.62.

Consistent with Purchasing Policies and Ordinance (2576) Service Agreements in the amount of more than $30,000 require City Council approval.

CEQA CONSIDERATION:

Page | 2

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This action is consistent with the City Council Goals of:
 Infrastructure and Environmental Sustainability
 Effective and Culturally Responsive Government

DEPARTMENT COORDINATION:

The Library & Community Department will work with the City Attorney’s Office on execution of the Agreement.

FISCAL AND SUSTAINABILITY IMPACT:

Funds are available and appropriated in 1100.60.6009-63.4980. No additional funding is required at this time.

ATTACHMENTS:

Agreement
Resolution
EnvisionWare, Inc. Quote
RESOLUTION NO. _________(N.C.S.)

A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE AN AGREEMENT FOR SERVICES WITH ENVISIONWARE, INC. FOR ANNUAL

MAINTENANCE OF THE LIBRARY AUTOMATED SELF-CHECK OUT SYSTEM

WHEREAS, in July 2017, the City entered into an Agreement with EnvisionWare, Inc. of Duluth Georgia for the purchase of technology, supplies, professional services and hardware/software maintenance to facilitate the installation of RFID/self -service technology systems for the Library & Community Services Department; and

WHEREAS, maintenance of the automated self-checkout system is required annually; and

WHEREAS, EnvisionWare, Inc., has provided a quote for annual maintenance of the automated self-checkout system in the amount of $35,732.62; and

NOW T HEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the Interim City Manager is authorized to execute Agreement with EnvisionWare, Inc., for annual maintenance of the library automated self-checkout system in the amount of $35,732.62.

PASSED AND APPROVED this 23rd day of April, 2024 by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

________________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Agreement for Services v. November 2022 Page 1 of 12
EnvisionWare Inc.

February 2024

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ENVISIONWARE, Inc

Annual Maintenance for Library Automated Self-Check Out System

THIS AGREEMENT is executed this __7th__ day of May, 2024, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and EnvisionWare, Inc., a State of Georgia Domestic Profit Corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: annual maintenance of the Library automated self-check out system at John Steinbeck, Cesar Chavez and El Gabilan Libraries. Scope of work is further outlined in Contractor’s Quotes #US-85644 dated June 1, 2024 (attachment B).

2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.

3. Term. The work under this Agreement shall be deemed to have commenced June 1, 2024 and shall be completed by May 31, 2025 unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, Thirty Five Thousand Seven Hundred Thirty Two Dollars and Sixty Two Cents ($35,732.62), as more fully described in the attached Quote dated June 1, 2024 (attachment B). Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.

6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.

Agreement for Services v. November 2022 Page 2 of 12
EnvisionWare Inc.

February 2024

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.

8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.

9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.

10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.

11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.

Agreement for Services v. November 2022 Page 3 of 12
EnvisionWare Inc.

February 2024

CITY OF SALINAS

__________________________________
Jim Pia
Interim City Manager

APPROVED AS TO FORM:

_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR

___________________________________

By (Printed Name):___________________

Its (Title):___________________________

Agreement for Services v. November 2022 Page 4 of 12
EnvisionWare Inc.

February 2024

Attachment A

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. November 2022 Page 5 of 12
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or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
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Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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Attachment B

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-213, Version: 1
Amendment to the Professional Services Agreement with Wallace Group Approve a Resolution approving an Amendment to the Professional Services Agreement between the City of Salinas and Wallace Group for additional scope with revised term and fee schedule for the Wastewater Rate Study for a not-to-exceed amount of $63,090.00.; and approving the transfers totaling $80,000 to CIP 9008.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: ADRIANA ROBLES, CITY ENGINEER
TITLE: AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN WALLACE GROUP AND THE CITY OF

SALINAS

RECOMMENDED MOTION:

A motion to approve a Resolution:

1. Approving a Amendment No. 2 to the Professional Services Agreement between the City of Salinas and Wallace Group for additional scope with revised term and fee schedule for the Wastewater Rate Study for a not -to-exceed amount of $63,090 and authorizing the Mayor to enter into the amendment on behalf of the City; and

2. Approving the transfers of $30,000 from 1000.50.5120 -63.5400 and $50,000 from 1000.50.5125-63.6010 to CIP 9008 (5800.50.9008-63.5400).

EXECUTIVE SUMMARY:

This Report presents an amendment to the Professional Services Agreement with Wallace Group to expand the scope of work to include a wastewater rate study to align service fees with the Council-approved Sanitary Sewer Master Plan Update and transferring necessary funds to allow the study to proceed.

BACKGROUND:

The City of Salinas owns and operates a municipal sanitary sewer collection system for the residents and businesses within its service area. The existing system is maintained through the collection of service fees administered by Monterey One Water.

On February 16th, 2021, City Council approved Resolution No. 22051 approving the Agreement for Professional Services with Wallace Group for the Sanitary Sewer Master Plan (SSMP) Update in the amount of $588,249. On October 18, 2022, City Council approved Resolution No. 22500 approving the Revised and Restated Professional Services Agreement between the City of Salinas and Wallace Group for an amended amount of $633,249.

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On May 2, 2023, City Council adopted the Sanitary Sewer Master Plan Update through Resolution No. 22648. The SSMP Update identified over $66 million of existing system improvements and over $38 million of existing lift station improvements that the City is responsible to undertake. In order to have the necessary funds to make the needed improvements staff is prop osing an update to the sanitary sewer (wastewater) service fees. In early 2024, Wallace Group, working with DTA, provided a nexus study to update the Sanitary Sewer Development Impact Fee. The development impact fees account only for impacts from future development on the existing system leaving the remainder of the improvements to be paid by the City.

City staff requested Wallace Group to again work with DTA to complete a Rate Study of the sanitary sewer service fees as part of their contract. The expanded work tasks include development of comprehensive financial planning and a rate model for wastewater services, review of the Rate Study for its compliance with the Sanitary Sewer Master Plan Update and City goals . The additional scope represents a not-to-exceed increase of $63,009 to the original Agreement and an increase of 6 months to the original term per Wallace Group’s proposal dated March 21, 2024.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The proposed project and agreement meet the City Council’s Strategic Plan Goals of Infrastructure and Environmental Sustainability and Economic Development.

DEPARTMENTAL COORDINATION:

This project has relied on coordination between the Wastewater , GIS, Development, and Water, Waste and Energy divisions in Public Works.

FISCAL AND SUSTAINABILITY IMPACT:

The total increased cost for the additional scope of work Amendment No. 2 to the Amended and Restated Professional Services Agreement is $63,090.

Funding for Amendment No. 2 to the Amended and Restated Professional Services Agreement is contingent upon the transfers of $30,000 from 1000.50.5120 -63.5400 and $50,000 from 1000.50.5125-63.6010 to CIP 9008 (5800.50.9008-63.5400).

ATTACHMENTS:

Resolution
Amendment No. 2 to Agreement for Professional Services for Environmental Consultants between Wallace Group and City of Salinas

1 RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AMENDED AND

RESTATED PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF SALINAS AND WALLACE GROUP

WHEREAS, the City of Salinas owns and operates a municipal sanitary sewer collection system for the residents and businesses within its service area; and

WHEREAS, the existing system is maintained through the collection of service fees administered by Monterey One Water; and

WHEREAS, on February 16, 2021, City Council approve d Resolution 22051 approving the Agreement for Professional Services between Wallace Group and the City of Salinas for the Sanitary Sewer Master Plan (SSMP) Update in the amount of $588,249.00; and

WHEREAS, on October 18, 2022, City Council approved Resolution No. 22500 approving the Revised and Restated Professional Services Agreement between the City of Salinas and Wallace Group for an amended amount of $633,249.00; and

WHEREAS, on May 2, 2023, City Council adopted the Sanitary Sewer Master Plan Update (SSMP) through Resolution No. 22648; and

WHEREAS, the SSMP identified over $66 million of existing system improvements and over $38 million of existing lift station improvements that are the responsibility of the City to make; and

WHEREAS, on June 19, 2023, City of Salinas and Wallace Group agreed to Amendment No. 1 to the Revised and Restated Professional Services Agreement for the Sanitary Sewer Master Plan, extending the contract term; and

WHEREAS, in orde r to update the current service fees a Rate Study will need to be conducts a comprehensive financial planning and rate model for the sewer services; and

WHEREAS, the City of Salinas has determined that the proposed action is categorically exempt from envi ronmental review under the California Environmental Quality Act (CEQA Guidelines Section 15301).

NOW, THEREFORE, BE IT RESOLVED that the City Council approves Amendment No. 2 to the Revised and Restated Agreement for Professional Services between the City of Salinas and Wallace Group for a not-to-exceed amount of $63,090 and authorizes the Mayor to enter into the amendment on behalf of the City; and
BE IT FURTHER RESOLVED that the City Council approves a transfer of $ 30,000 from 1000.50.5120-63.5400 and $50,000 from 1000.50.5125-63.6010 to CIP 9008 (5800.50.9008-

63.5400).
2 PASSED AND APPROVED this 23rd day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Version: November 2023

AGREEMENT —AMENDMENT NO. 2 TO

AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

WALLACE GROUP AND CITY OF SALINAS

This Amendment No. 2 to the Amended and Restated Agreement for Professional Services (the “Amendment”) is entered into this ___ day of ________ 2024, by and between the City of Salinas (the “City”) and Wallace Group, (the “Consultant”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS

WHEREAS, the City and Consultant entered into an Amended and Restated Agreement for Professional Services effective October 18, 2022, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and

WHEREAS, on June 19, 2023, the City and Consultant agreed to amend the Agreement to reflect an extension of the term thereof to June 30, 2024 (“First Amended Agreement”); and

WHEREAS, the City and Consultant desire to amend the First Amended Agreement to reflect additional scope of services, additional compensation, and a term extension to December 30, 2024.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree to amend the First Amended Agreement as follows:

TERMS

The First Amended Agreement is hereby amended as follows:

1. Scope of Service. The project contemplated and the scope of Consultant’s services described in Exhibitis B and B1 of the First Amended Agreement are hereby amended to add the additional scope of services described in Exhibit B2 of this Amendment No. 2 which Exhibit is attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. The term of the First Amended Agreement is hereby further extended and shall terminate on December 30, 2024, unless extended in writing by either party upon (30) days written notice.

3. Compensation. The total amount of compensation to be paid by the City to the Consultant under the First Amended Agreement is hereby further amended and shall not exceed Six hundred ninety-six thousand, three hundred thirty-nine dollars ($696,339.00).

1. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.

CITY OF SALINAS

___________________________________
Kimbley Craig, Mayor

Version: November 2023

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

WALLACE GROUP

____________________________________
Kari Wagner, PE C66026
Principal

Version: November 2023

Exhibit B2

EXHIBIT B2

ADDITIONAL SCOPE OF SERVICE AND FEE SCHEDULE
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-218, Version: 1
Acceptance of Internet Crimes Against Children (ICAC) Grant Approve a Resolution authorizing the acceptance of the $75,000 ICAC Grant and authorize the establishment of the ICAC Grant appropriation and corresponding revenue budget.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT

FROM: JOHN C. MURRAY, ACTING CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

DIANA CALIZO, ADMINISTRATIVE ANALYST I
TITLE: ACCEPTANCE OF INTERNET CRIMES AGAINST CHILDREN
(ICAC) GRANT

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the acceptance of the $ 75,000 Internet Crimes Against Children (ICAC) Grant administered by the City of San Jose , the execution of all grant - related documents by the Interim City Manager , and the establishment of the ICAC Grant appropriation of up to $75,000 and corresponding revenue budget to support grant activities.

RECOMMENDATION:

Staff recommends that the City Council approve a Resolution to authorize the acceptance of the $75,000 ICAC Grant, administered by the City of San Jose , and to authorize the establishment of the grant appropriation of up to $ 75,000 and corresponding revenue budget to support grant activities.

EXECUTIVE SUMMARY:

In March 2024, the Salinas Police Department was notified by the City of San Jose of the intent to award $75,000 for training, supplies, and equipment to support the Salinas Police Department’s participation in the ICAC Task Force . The Department is requesting authorization to accept this grant funding and establish an appropriation and corresponding revenue budget to support grant activities.

BACKGROUND:

The Silicon Valley Internet Crimes Against Children (ICAC) Task Force, whose fiscal agent is San Jose Police Department, is a task force organized under the aegis of the National ICAC Task Force Program. The national program is composed of 61 regional Task Force agencies representing over

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5,000 federal, state, and local law enforcement agencies dedicated to investigating, prosecuting, and developing effective responses to internet crimes against children.

The (ICAC) Task Force helps state and local law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and internet crimes against children.

This help encompasses forensic and investigative components, training and technical assistance, victim services, and community education. The ICAC program was developed in response to the increasing number of children and teenagers using the Internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. Because ICAC members understand that arrests alone cannot resolve the problem of technology -facilitated child sexual exploitation, the ICAC program is also dedicated to training law enforcement officers and prosecutors, as well as educating parents and youth about the potential dangers of online activity.

The California Governor’s Office of Emergency Services (Cal OES) has awarded Internet Crimes Against Children grant funds to the City of San Jose to support the Silicon Valley ICAC Task Force.

The City of San Jose has agreed to allocate a grant subaward to the City of Salinas in the amount of $75,000 to provide training, supplies, and equipment in support of Salinas Police Department’s participation in the ICAC Task Force. The grant period runs from January 1, 2024, through February 28, 2025. The Resolution will authorize the acceptance of this ICAC grant and establish an appropriation and corresponding revenue budget for grant activities.

Upon approval of grant acceptance, members of the Salinas Police Department ICAC Team will evaluate needs and make decisions related to how to allocate funds for eligible training, equipment, and supplies.

POLICE COMMUNITY ADVISORY COMMITTEE:

Acting Police Chief John Murray presented grant award to the Police Community Advisory Committee on March 27, 2024. The Committee did not provide any comments or concerns in response to this grant.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Approving the proposed Resolutions will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department will work with the Legal Department during approval, and with the Finance Department and Information Technology Department during implementation.

FISCAL AND SUSTAINABILITY IMPACT:

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Proposed funding from the ICAC Grant is $75,000, all of which will be used for eligible training, supplies, and equipment to support the Salinas Police Department’s participation in the ICAC Task Force. No matching funds are required from the City of Salinas to receive the grant funds and the Resolution authorizes the establishment of an appropriation and corresponding revenue budget to support grant activities.

ATTACHMENTS:

Resolution – ICAC Grant Acceptance
ICAC Grant Agreement/MOU

RESOLUTION NO. ______________ (N.C.S.)

A RESOLUTION AUTHORIZING ACCEPTANCE OF THE INTERNET

CRIMES AGAINST CHILDREN (ICAC) GRANT

WHEREAS, the Salinas Police Department (SPD) has been awarded California Office of Emergency Services (Cal OES) funds via an Internet Crimes Against Children (ICAC) grant to be administered by the City of San Jose in the amount of $75,000; and

WHEREAS, the grant will fund eligible training, supplies, and equipment to support the Salinas Police Department’s participation in the Silicon Valley ICAC Task Force.

NOW THEREFORE BE IT RESOLVED that the Salinas City Council authorizes the acceptance of the ICAC grant funding in the amount of $ 75,000 from the City of San Jose and further authorizes the execution of all grant acceptance documents by the Interim City Manager ; and

BE IT FURTHER RESOLVED that the Salinas City Council authorizes the establishment of the ICAC Grant appropriation of up to $ 75,000 and corresponding revenue budget for grant activities.

PASSED AND APPROVED this 23rd day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

____________________________
Kimbley Craig, Mayor
ATTEST:

__________________________________
Patricia M. Barajas, City Clerk
Contra Costa County -Internet Crimes Against Children
Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 1
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CITY OF SAN JOSE

POLICE DEPARTMENT

GRANT AGREEMENT

SUMMARY PAGES

Grantee Name: City of Salinas

Project Name: Internet Crimes Against Children Grant Program

Project Description:

The California Governor’s Office of Emergency
Services (“Cal OES”) has awarded Fiscal Year 2023
Internet Crimes Against Children grant funds to the
CITY. The purpose of the project is to ensure local law enforcement agencies in the Silicon Valley Task Force
are adequately equipped to investigate computer
crimes that target youth. This AGREEMENT will
allocate a subaward in an amount not to exceed
$75,000 to City of Salinas for training, supplies, and
equipment.

Funding Source: Cal OES State Funds

Grant Award for Grant
Year 2024 Not to
Exceed:
$75,000

Resolution/Authority: RES2024-4

Payment Terms: See EXHIBIT D

Agreement Term: Start Date: 1/1/2024 End Date: 2/28/2025

PARTIES TO AGREEMENT:

GRANTEE CITY OF SAN JOSE
Name: City of Salinas San José Police Department
Address for Legal
Notice:
200 Lincoln Avenue
Salinas, CA 93901
201 W. Mission Street
San José, CA 95110
Attention: John C. Murray Anthony Mata
Email Address: [email protected]

Anthony.Mata@sanjoseca
.gov
Telephone No: (831) 758-7286 (408) 277-4212
Contra Costa County -Internet Crimes Against Children
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Taxpayer ID: 94-6000412
DUNS/UEI No.: CHDWBL29G9Z5
Type of Entity: Government

State of
Incorporation or
Residency:

California

CONTACT INFORMATION:

GRANTEE Contract Manager: Tonya Erickson
Title: Police Services Administrator
Telephone No: (831) 758-7325
Email: [email protected]

CITY Representative: Sylvia Perez
Title: Senior Analyst
Telephone No: (408) 537-1617
Email: [email protected]

EXHIBIT LIST:

YES N/A
Exhibit A: Scope of Services
Exhibit B: Monitoring, Evaluation, and Reporting Requirements Exhibit C: Budget Summary
Exhibit D: Payments to Grantee and Reporting Schedule
Exhibit E: General Service Requirements
Exhibit F: Federal Funding Provisions
Exhibit G: Insurance Requirements
Exhibit H: Employee/Volunteer Clearance Verification and Compliance wi th the Child Abuse and Neglect Reporting Act *
Exhibit I: Retroactive Services

* Appl
icable if GRANTEE employees or volunteers perform services in a position i) having supervisory or disciplinary authority over minors; or ii) requiring contact with children, or as a food concessionaire or other similar licensed concessionaire.

Contra Costa County -Internet Crimes Against Children
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To the extent applicable, the following grant provisions are required for this AGREEMENT:

REQUIRED LANGUAGE ATTACHMENT:

YES N/A
City of San José Funding
Federal
State
County
Other Public Agency
Private Funding Agency

Contra Costa County -Internet Crimes Against Children
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The Exhibits marked above are attached hereto and incorporated herein. I certify that I have read and hereby consent to all the terms and provisions contained in the attached AGREEMENT, including without limitation, all exhibits. Said AGREEMENT is hereby incorporated.

WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.

CITY OF SALINAS, a political subdivision of the State of California

GRANTEE Signature:

Date:

Print Name:

Title:

Approved as to Form:

Christopher A. Callihan, City Attorney

Contra Costa County -Internet Crimes Against Children
Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 5
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CITY OF SAN JOSE, a California municipal corporation

SARAH ZARATE
Director, City Manager’s
Office

Date:

APPROVED AS TO FORM:

CARL B. MITCHELL
Sr. Deputy City Attorney

Date:

Contra Costa County -Internet Crimes Against Children
Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 6
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CITY OF SAN JOSE

POLICE DEPARTMENT

GRANT AGREEMENT

Internet Crimes Against Children Grant Program

This GRANT AGREEMENT (“AGREEMENT”) is made and entered into upon execution by CITY, and is by and between the CITY OF SAN JOSE, a California municipal corporation (“CITY”), and CITY OF SALINAS , a political su bdivision of the State of California (“GRANTEE”). CITY and GRANTEE are sometimes collectively referred to as “Parties” and individually as “Party”.

RECITALS

WHEREAS, on January 9, 2024, the Council of the City of San José (“City Council”) adopted a resolution authorizing the CITY to enter into this AGREEMENT for the Internet Crimes Against Children (“ICAC”) Grant Program (“Program”); and

WHEREAS, GRANTEE has the necessary professional expertise and skill to perform such services; and

WHEREAS, CITY desires to grant Cal OES State Funds funding for the services in this AGREEMENT to be provided by GRANTEE; and

WHEREAS, CITY's Chief of Police (“DIRECTOR”), including the DIRECTOR's authorized designees, are charged with the administration of this AGREEMENT; and

WHEREAS, it is understood and agreed that GRANTEE has commenced work and incurred costs prior to execution of this AGREEMENT in anticipation of its execution; and

WHEREAS, CITY agrees to reimburse GRANTEE for those costs in accordance with the terms of this AGREEMENT. However, in no event shall GRANTEE be reimbursed for costs incurred prior to January 1, 2024; and]

WHEREAS, these Recitals are incorporated and made a part of this AGREEMENT;

NOW, THEREFORE, the purpose of this AGREEMENT is to retain GRANTEE to perform th
ose services specified in EXHIBIT A of this AGREEMENT as follows:

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1: PROGRAM COORDINATION

A. CITY: The CITY’S DIRECTOR, or his or her designee, also identified on the Summary Pages, shall be the CITY official responsible for the Program and shall Contra Costa County -Internet Crimes Against Children
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render overall supervision of the progress and performance of this AGREEMENT by CITY. All services agreed to be performed by CITY shall be under the overall direction of the DIRECTOR.

B. GRANTEE: GRANTEE shall ide ntify a single project director who shall have overall responsibility for the progress and execution of this AGREEMENT (“GRANTEE Contract Manager”) as also identified on the Summary Pages.

Additionally, GRANTEE shall immediately notify CITY in writing should circumstances or conditions subsequent to the execution of this AGREEMENT require a substitute GRANTEE Contract Manager. GRANTEE Contract Manager and GRANTEE staff will fully cooperate with the DIRECTOR relating to the work or services provided hereunder.

SECTION 2: TERM OF AGREEMENT

A. The term of this AGREEMENT (“Term”) shall commence on the Start Date and shall expire on the End Date, as set forth in the Summary Pages, unless extended or sooner terminated in accordance with the terms of this AGREEMENT.

Regardless of the date of execution of this AGREEMENT, this AGREEMENT is effective as of the Start Date. GRANTEE shall not receive payment for work performed prior to the Start Date.

B. If this AGREEMENT is extended, a request to extend this AGREEMENT along w
ith a description of the revised Scope of Services (attached hereto as EXHIBIT A) should be submitted by GRANTEE to the CITY no less than forty-five (45) days prior to the End Date. An extension must be set forth in a written amendment to this AGREEMENT, signed by authorized representatives of CITY and GRANTEE.

Nothing herein commits or binds the CITY to extend this AGREEMENT which shall be at the sole discretion of CITY, and if additional funds are required, shall be subject to appropriation of funds by the City Council.

SE
CTION 3: GRANT SERVICES AND GRANT AWARD

A. GRANTEE shall perform those services as specified in detail on E

XHIBIT A,
“Scope of Services” (“Grant Services”), which is attached hereto and incorporated herein, and shall comply with the terms and conditions of this AGREEMENT.

B. The
maximum amount the CITY will pay the GRANTEE for the Grant Services is set forth on the Summary Pages (“Grant Award”).

SECTION 4: PAYMENTS

A. CITY agrees to pay GRANTEE an amount not to exceed the amount set forth on t
he Summary Pages (“Grant Award”), for the services described in EXHIBIT A, “Scope of Services,” and which payment is subject to the terms and conditions set forth in EXHIBIT C, “Budget Summary,” and EXHIBIT D, “Payments to GRANTEE Contra Costa County -Internet Crimes Against Children
Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 8
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and Reporting Schedule.” Any costs incurred by GRANTEE above the Grant Award shall be at GRANTEE’s sole cost and expense.

B. GRANTEE will provide CITY with invoices or financial reports signed by the GRANTEE Contract Manager or other authorized GRANTEE representative with authority to confirm the accuracy of reported expenditures on a form approved by CITY, with applicable invoices and/or financial reports in sufficient detail to determine actual costs incurred, hours, services provided, and any indirect, overhead or administrative costs charged to the CITY.

C. CITY will review invoices or financial reports for adherence to AGREEMENT requirements and services, and authorize and release payment to GRANTEE based upon claims submitted and within thirty (30) calendar days from receipt of invoice or financial reports and complete supporting documentation which includes but is not limited to signed timecards , personnel activity reports, paid invoices, receipts, executed contracts, signed leases, payroll records, or any other documentation to prove the costs claimed for reimbursement, provided that GRANTEE is not in default under any provisions of this AGREEMENT.

D. CITY will not pay for unauthorized services rendered by GRANTEE or for claimed services which GRANTEE has not provided as required by this AGREEMENT.

GRANTEE shall in no event be reimbursed for costs incurred prior to Start Date.

E. City’s Manager or designee may, without prior notice to GRANTEE, at any time in his or her absolute discretion, elect to suspend or terminate payment to GRANTEE, in whole or in part, terminate work or expenditures by GRANTEE under this AGREEMENT, or not to make any particular payment under this AGREEMENT or take any other action available in the event of any of the following occurrences:

1. If GRANTEE (with or without knowledge) shall have made any material misrepresentation of any nature with respect to any information or statements furnished to CITY in connection with this AGREEMENT;

2. If there is pending litigation with respect to the performance by GRANTEE of any of its duties or obligations under this AGREEMENT which may materially jeopardize or adversely affect the undertaking of or the carrying out of the Grant Services;

3. If GRANTEE, without having obtained CITY approval, has taken any action pertaining to the Grant Services which requires CITY approval;

4. If GRANTEE makes improper use of the Grant Award;

5. If GRANTEE fails to comply with any of the terms and conditions of this AGREEMENT including without limitation, GRANTEE’s failure to carry out Contra Costa County -Internet Crimes Against Children
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the Grant Services or other obligations as described in any Exhibit to this AGREEMENT; or

6. If GRANTEE submits to CITY any report which is incorrect or incomplete in any material respect, or is untimely.

SECTION 5: DEFAULT AND TERMINATION OF AGREEMENT

A. Termination for Convenience . C
ITY may, through its DIRECTOR, terminate this
AGREEMENT without cause by giving GRANTEE thirty (30) calendar days’ written notice.

B. Termination for Cause. E
ach of GRANTEE’s obligations under this AGREEMENT
shall be deemed material. If GRANTEE fails to perform any of its obligations under this AGREEMENT, or any other agreement with the CITY, CITY may terminate this AGREEMENT upon ten (10) days advance notice (“Notice Period”) to GRANTEE, specifying GRANTEE’s breach and providing GRANTEE with the opportunity to cure the specified breach within the Notice Period or in those instances where the specified breach cannot reasonably be cured within the Notice Period, the opportunity to commence to cure the specified breach. In the event GRANTEE fails to cure or to commence to cure the specified breach within the Notice Period, this AGREEMENT shall be terminated. Without limiting the generality of the foregoing, the occurrence of any one of the following events shall constitute a default of this AGREEMENT for which CITY may exercise its right of termination:

1. GR
ANTEE’s breach of any of the representations or warranties contained in this AGREEMENT;

2. The occurrence of any of the events set forth in Section 4 for suspension or termination of CITY’s payment of the Grant Award.

C. Termination for Unavailability of Funds. In the event of reduction, suspension, discontinuance or other unavailability of funds, CITY unilaterally may take appropriate action(s) including, but not limited to, immediately canceling or reducing existing service authorization, stopping or reducing further referrals of individuals, and/or reducing the maximum dollar amount of this AGREEMENT.

CITY shall give GRANTEE no less than sixty (60) business days’ advance written notice of the action(s) CITY intends to take as a result of the unavailability of funds.

CITY shall not be liable for start -up costs, or lost profits in the event of early termination.

D. In
the event of termination under this Section 5, GRANTEE shall have the following obligations:

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1. No later than thirty (30) days following the date of termination, GRANTEE shall refund to CITY any unused portion of the Grant Award, included interest accrued, except that GRANTEE shall have no obligation to refund to CITY any portion of the Grant Award that was distributed in accordance with the terms of the AGREEMENT. GRANTEE shall also provide CITY with a written report detailing the expenditures, if any, from the Grant Award, including an accounting of its administrative expenses to the date of termination. GRANTEE shall refund to CITY any portion of the Grant Award designated for GRANTEE’s administrative expenses which was not expended as of the date of termination.

Nothing in this AGREEMENT shall be deemed to be a waiver of CITY’s right to recover from GRANTEE any portion of the Grant Award that has not been spent in accordance with this AGREEMENT. Upon receipt, GRANTEE will be paid for services performed and reimbursable expenses incurred in compliance with the terms of this AGREEMENT to date of termination.

2. Upon termination, GRANTEE shall immediately deliver to CITY any and all copies of materials used or developed for this grant including, but not limited to, all data collection forms, reports, studies and other work performed, whether or not completed by GRANTEE or GRANTEE’s subcontractor, if any, under this AGREEMENT.

E. Nothing in this AGREEMENT shall be construed so as to deprive CITY of its rights and remedies at law or in equity against GRANTEE.

F. The DIRECTOR is authorized to terminate this AGREEMENT on CITY’s behalf.

G. If the term of this AG REEMENT is more than three hundred and sixty-five (365) days, the funding in any year after the first year may be contingent upon past and pending performance as well as future appropriation by the City Council, in its sole discretion. If the funding required to pay for Grant Services for the next fiscal year has not been appropriated by June 30 of any year, this AGREEMENT will automatically terminate, effective June 30.

H. CITY may, at its sole option, pursue a course correction process with GRANTEE to a ddress issues with GRANTEE’s performance under this AGREEMENT.

However, CITY is under no obligation to pursue a course correction prior to exercising its rights to suspend payment to GRANTEE or to terminate this AGREEMENT.

SECTION 6: ACCOUNTING AND FINANCIAL RECORDS

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DIRECTOR covering all revenues, costs, and expenditures w ith respect to GRANTEE’s performance under this AGREEMENT. GRANTEE shall maintain its accounting system and shall provide CITY with reports that separate costs and expenses incurred by GRANTEE with CITY funds as distinguished from costs and expenses paid for from other funding sources.

SECTION 7: REPORTING REQUIREMENTS

GRANTEE shall submit reports related to GRANTEE’s performance under this AG
REEMENT prepared in accordance with EXHIBIT B and, to the extent applicable, on the schedule specified in EXHIBIT D. The format of the reports shall be as provided in this AGREEMENT unless otherwise directed by the DIRECTOR. A final report shall be delivered to CITY prior to expiration of this AGREEMENT, as may be further described in EXHIBIT B.

SECTION 8: RIGHT OF EXAMINATION AND AUDIT AND PRESERVATION OF

RECORDS

A. GRANTEE agrees that the CITY’s Manager, Auditor, Attorney or the DIRECTOR, or any of their duly authorized representatives, shall have access to and the right to examine all facilities and activities of GRANTEE related to GRANTEE’s performance of this AGREEMENT, including the right to audit, examine and make excerpts or transcripts of all contracts, subcontracts, invoices, payroll records, personnel records, and all other data or financial records relating to matters covered by this AGREEMENT at any time during the term of this AGREEMENT.

GRANTEE shall cooperate with CITY in such audit, examination, further review and shall provide CITY with access to GRANTEE’s staff and to all relevant records, documents, and data, including but not limited to, management letters, board minutes, and payroll.

B. GRANTEE shall comply with any audits by appropriate monitoring agencies at GRANTEE’s sole expense. GRANTEE shall submit an audit report within thirty (30) days in the event the AGREEMENT is terminated, voluntarily or involuntarily, before the end of the term. GRANTEE shall pay to CITY, from neither CITY nor federal funds, the full amount of liability resulting from disallowances or other audit or monitoring exceptions which are attributed to GRANTEE’s error, omission, or violation of any provision of this AGREEMENT.

C. EXHIBIT B,
“Monitoring, Evaluation, and Reporting Requirements,” may set forth additional standards regarding the CITY’s right to audit, and GRANTEE’s obligation to deliver to the CITY reports which may include audited financial reports. GRANTEE further agrees that GRANTEE shall preserve all records related to the performance of this AGREEMENT and that CITY’s right to examine or audit the GRANTEE’s records, facilities or activities shall continue as specifi ed in EXHIBIT B.

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SECTION 9: CITY ACKNOWLEDGMENT

GRANTEE shall acknowledge the support of CITY, where appropriate, in written documents and informational materials regarding Grant Services, the Grant Award or this AGREEMENT.

SECTION 10: INSURANCE

GRANTEE agrees to have the
policies set forth in the attached EXHIBIT G, “Insurance Requirements,” which is attached and incorporated herein, not later than the date of execution of this AGREEMENT and to maintain such policies throughout the term of this AGREEMENT. All policies, endorsements, certificates and/or binders shall be subject to approval by the Risk Manager of the CITY as to form and content. These requirements may not be amended or waived unless approved in writing by the CITY’s Risk Manager.

GRANTEE agrees to provide CITY with a copy of said policies, certificates and/or endorsements upon execution of this AGREEMENT.

SE
CTION 11: INDEMNIFICATION AND HOLD HARMLESS

A. GRANTEE shall defend, indemnify and hold harmless the CITY , its officers, employees and agents from and against any and all claims, loss, demands, causes of action, or liabilities arising from, in whole or in part, dir ectly or indirectly , GRANTEE’s acts or omissions under this AGREEMENT. In any action or claim against CITY in which GRANTEE is defending CITY, CITY shall have the right to approve legal counsel providing CITY’s defense and such approval shall not be unreasonably withheld. GRANTEE further agrees to release CITY from any and all claims for any damages, including property damage, injury or death occurring or arising out of use of CITY’s property, except as may be caused by the CITY’s sole, active negligence or willful misconduct.

B. The GRANTEE’s obligations under this indemnification provision shall survive the expiration or termination of this AGREEMENT.

SECTION 12: NOTICES

A. Any communication or notice to either Party shall be in writing and shall be either personally delivered or mailed in the United States mail, postage prepaid, or by facsimile, or electronic mail, to the respective Parties addressed as referenced on the Summary Pages of this AGREEMENT. Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail.

B. Either Party may change its address by sending written notice of the new address to the other Party pursuant to this Section 12.

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SECTION 13: AMENDMENTS

Unless otherwise authorized by this AGREEMENT, amendments to the terms and conditions of this AGREEMENT and any such adjustment to this AGREEMENT shall be effective only upon the mutual AGREEMENT in writing of the authorized representatives of the Parties.

SECTION 14: COMPLIANCE WITH LAWS/NONDISCRIMINATION

A. GRANTEE shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments and with applicable CITY policies.

B. GRANTEE shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, actual or perceived gender identity, sexual orientation, disability, ethnicity or national origin in connection with or related to the performance of this AGREEMENT.

C. GRANTEE shall fully implement and comply with its CITY -approved Language Access Plan to ensure that Limited English Proficient clients have equal access to community programs and services.

D. GRANTEE will also obtain and maintain all licenses and permits appropriate to its proper and effective performance of this AGREEMENT prior to the date of commencement, including, but not limited to a City of San José business tax certificate or exemption, if applicable, with the CITY's Finance Department to operate in the CITY. GRANTEE is responsible for contacting the appropriate offices and filing the necessary documents to comply with these requirements.

E. GRANTEE shall comply with the provisions of CITY’s Business Tax Ordinance in Chapter 4.76 of the San José Municipal Code. Moreover, nether CITY nor GRANTEE shall make any payments that would be in violation of any law existing during the term of this AGREEMENT, including but not limited to any maximum amount of administrative fee(s).

F. In the event there are conflicting terms in this AGREEMENT or if the terms of this AGREEMENT conflict with laws existing during the term of this AGREEMENT the stricter terms shall take precedent over the more lenient, unless otherwise stated.

The following examples are intended to provide clarity on this point: (i) if the maximum administrative fee allowed under the agreement is ten (10%), but federal law allows for only seven (7%), then the stricter seven (7%) maximum under federal law would govern; or, (ii) if the agreement provides GRANTEE retain records for five (5) years, but the federal regulations are amended during the term to be seven (7) years, then the stricter seven (7) year retention requirement governs.

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SECTION 15: RELATIONSHIP OF PARTIES/INDEPENDENT CONTRACTOR

A. It is understood and agreed that GRANTEE in the performance of this AGREEMENT, shall not act nor is it at any time authorized to act, as the agent or representative of CITY in any matter. GRANTEE further agrees that it will not in any manner hold itself out as the agent or representative of CITY or act in such a fashion as would give the impression to a reasonable person that GRANTEE is acting in such a capacity.

B. The Parties agree that GRANTEE and GRANTEE’s employees , in the performance of this AGREEMENT, shall be at all times independent contractors and not agents or employees of the CITY, and that GRANTEE and GRANTEE’s employees shall not be entitled to any salary, fringe benefits, pension, Workers’ Compensation, sick leave, insurance or any other benefit or right connected with employment by the CITY, or any compensation other than as prescribed herein, and GRANTEE and GRANTEE’s employees expressly waive any claim it/they may have to any such rights.

C. Under no circumstances shall this AGREEMENT be construed as one of partnership, joint venture, or employment between GRANTEE and CITY. Each Party acknowledges and agrees that it neither has, nor will give the appearance or impression of having, any legal authority to bind or commit the other Party in any way.

SECTION 16: WAIVER

A. In no event shall any payment by CITY or any acceptance of payment by GRANTEE hereunder constitute or be construed to be a waiver by CITY of any breach of covenants or conditions of this AGREEMENT or any default which may then exist on the part of GRANTEE, and the making of any such payment or the acceptance of any such payment while any such breach or default exists, shall in no way impair or prejudice any right or remedy available to CITY with respect to such breach or default.

B. The waiver by any Party of a breach of any provision of this AGREEMENT shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this AGREEMENT.

SECTION 17: CORPORATE AUTHORITY/AUTHORIZED REPRESENTATIVES

GRANTEE represents and warrants that it has the authority to enter into this AGREEMENT. GRANTEE further represents and warrants that its signatory to this AGREEMENT is authorized to execute this AGREEMENT on GRANTEE’s behalf.

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SECTION 18: INTEGRATED DOCUMENT

This AGREEMENT, including the Summary Pages and any exhibits, are incorporated herein and embody the entire AGREEMENT between CITY and GRANTEE. No oral agreements or conversations with any officer, agent or employee of CITY shall affect or modify any of the terms or obligations contained in any documents comprising this AGREEMENT. Any such oral agreement shall be considered as unofficial information and in no way binding upon CITY. In the event that the terms specified in the Summary Pages or any of the Exhibits and Certifications attached hereto conflict with any of the terms specified in the body of this AGREEMENT, the terms specified in the body of this AGREEMENT shall control.

SECTION 19: SEVERABILITY OF PROVISIONS

If any part of this AGREEMENT is for any reason found to be unenforceable by a court of competent jurisdiction, all other parts nevertheless remain enforceable. CITY and GRANTEE agree that to the extent that the exclusion of any unenforceable provisions from this AGREEMENT affects the purpose of this AGREEMENT, then the Parties shall negotiate an adjustment to this AGREEMENT in order to give full effect to the purpose of this AGREEMENT or either Party may terminate this AG REEMENT. In the event of termination, the provisions of Section 5 as related to repayment of the Grant Award shall apply.

SECTION 20: VENUE

The Parties agree that this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this AGREEMENT, the Parties agree that venue shall be exclusively vest ed in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.

SECTION 21: CONFLICT OF INTEREST

GRANTEE shall avoid all
conflict of interest or appearance of conflict of interest in performance of this AGREEMENT. GRANTEE shall comply with the applicable provisions of the Political Reform Act of 1974, as amended, relating to conflicts of interest (codified in California Government Code Section 87000, et seq. ), with the conflict of interest provisions of Government Code Section 1090 et seq. and with the CITY’s Code of Ethics, set forth in City Council policy 0- 15. GRANTEE shall promptly advise CITY of the facts and circumstances concerning any disclosure made to it or any information obtained by it relating to conflicts of interest.

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SECTION 22: RELIGIOUS/POLITICAL ACTIVITIES

A. GRANTEE shall not expend any portion of the Grant Award to inhibit or promote religion and the Grant Services funded by the Grant Award must not be used to convey a religious message. Any portion of the Grant Award used in contradiction to the provisions of this Section 22, shall be deemed a disallowed cost.

B. GRANTEE shall not expend any portion of the Grant Award for political advocacy efforts, whether for or against a political candidate, ballot measure or bill.

SECTION 23: ASSIGNABILITY

The Parties agree that the expertise and experience of GRANTEE are material considerations for this AGREEMENT. Unless specifically authorized by this AGREEMENT, GRANTEE may not assign the performance of any obligation or interest under this AGREEMENT, including subcontracting, without the prior written consent of CITY. Any attempt by GRANTEE to assign this AGREEMENT, in violation of this Section 23, will be voidable at CITY's sole option. In the event CITY determines that any of the rights, duties or obligations under this AGREEMENT have been subcontracted or assigned to another vendor or grantee by GRANTEE, without the written consent of CITY, then CITY may exercise its right to take any appropriate remedy identified in Section 5, “Default and Termination of Agreement,” including without limitation, termination of the entire AGREEMENT.

SECTION 24: SUBCONTRACTS

A. No subcontract will alter in any way any legal responsibility of GRANTEE to provide services under this AGREEMENT.

B. GRANTEE will monitor the subcontractor (s) to ensure compliance with the terms and conditions of this AGREEMENT and provide records of their compliance as requested.

C. GRANTEE will assure that the subcontractor(s) maintain(s) current licensure and indemnity insurance appropriate for obligations undertaken by subcontractor(s) and will provide copies of such to CITY.

D. GRANTEE will provide CITY with records of reimbursement to subcontractor(s) for obligations incurred under subcontract.

E. CITY has the right to refuse reimbursement for obligations incurred under any subcontract that does not comply with the terms of this AGREEMENT.

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SECTION 25: EMPLOYEES/VOLUNTEERS

A. Any and all personnel employed or volunteers retained by GRANTEE in conducting the operations of GRANTEE’s Program shall be qualified to perform the duties assigned to them by GRANTEE.

B. GRANTEE shall not hire employees or volunteers who will have super visory or disciplinary authority over minors who have been convicted of any offense identified in California Public Resources Code Sections 5164. GRANTEE shall fully indemnify, defend, and hold harmless CITY for any such hiring. GRANTEE shall notify CITY in writing of any violation of this provision as soon as is reasonably practicable.

C. GRANTEE shall also not employ any person who is permitted to provide services requiring contact with children or providing food concessionaire services or other licensed concessionaire services in that area, unless GRANTEE has complied with the tuberculosis ( TB) testing requirements set forth in Section 5163 of the California Public Resources Code.

D. Regardless of whether services have been provided prior to full execution of this AGREEMENT, GRANTEE certifies to the CITY that all services were provided in full compliance with the terms and provisions of this AGREEMENT.

E. To give effect to California Public Resources Code Sections 5163 and 5164, G
RANTEE shall follow t he procedures contained in EXHIBIT H attached hereto.

In the event GRANTEE chooses a different national criminal database for complying with the Federal Bureau of Investigation ( FBI) requirement for background checks, then such alternative database shall be subject to the CITY’s prior written approval.

SE
CTION 26: GRANTEE’S FINANCIALS

A. City Council requires that each non- profit organization receiving Three Hundred Fifty Thousand Dollars ( $350,000) or more in funds from the CITY (in the aggregate) during any fiscal year which is either (i) grant funding other than construction funding and/or (ii) operating subsidy funding for operation of CITY facilities, must prepare and make available for public view on the internet, annual audited financial statements. The audited financial statements must be made available for view within one hundred fifty ( 150) days from the end of the non- profit’s fiscal year (which period may be extended by the C ITY’s Manager based upon a showing of hardship or other good cause) and must be submitted to the CITY’s Police Department and posted at the GRANTEE’s website at an easily accessible location. All audits must be performed by a certified public accountant currently licensed to practice in the State of California, must conform to generally accepted auditing standards and otherwise be in a form acceptable to the CITY.

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B. Non-profits shall be required to comply with this requirement at the time that the non-profit has entered into one or more grant agreements or subsidy agreements with the CITY, which provide for the payment of an aggregate amount that equals or exceeds Three Hundred Fifty Thousand Dollars ( $350,000) in grant and/or subsidy funds in any one fiscal year. Non-profits covered by this requirement must exert due diligence in determining when they have reached the aggregate funding threshold of Three Hundred Fifty Thousand Dollars ($350,000). The provisions of the financial posting requirements shall be interpreted broadly to effectuate the purpose of making available to the public information on recipients of substantial CITY funds. These provisions shall apply not only to grant agreements or operating agreements but shall also apply, without limitation, if any amendments to such agreements brings the total annual funding to equal or exceed Three Hundred Fifty Thousand Dollars ( $350,000), and also to any other agreements with the CITY that are equivalent in purpose to a grant agreement or an operating subsidy agreement, regardless of the title of the agreement.

C. This posting requirement shall remain in effect until an entire fiscal year passes in which the non-profit does not have contracts with the CITY which provide for grants and/or subsidies from the CITY in an aggregate amount equaling or exceeding Three Hundred Fifty Thousand Dollars ($350,000). Without limitation of any other remedy, GRANTEE’s failure to comply with this requirement may be taken into consideration when evaluating GRANTEE’s request for future grant funds or subsidies.

D. Organizations receiving an aggregate amount of Twenty-Five Thousand Dollars ($25,000) or more in funds from the CITY during any fiscal year which is either (i) grant funding other than construction funding and/or (ii) operating subsidy funding for operation of CITY facilities, must prepare and submit via the CITY's WebGrants grant management system, ("WebGrants"), a completed Financial Dashboard.

CITY's project director will provide a CITY approved Financial Dashboard template upon request. The Financial Dashboard must be submitted via WebGrants within six (6) months from the end of GRANTEE'S fiscal year. This includes the GRANTEE’s previous fiscal year, if that year ended within six (6) months of the commencement of this AGREEMENT.

SECTION 27: ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY

A. GRANTEE agrees that, in the performance of this AGREEMENT, GRANTEE shall perform its obligations under the AGREEMENT in conformance with City Council Policy 4 -6, Environmentally Preferable Procurement Policy. A description for environmentally preferable procurement and the policy can be found on the CITY’s website at the following link:
https://www.sanjoseca.gov/home/showdocument?id=12833.

B. Environmental procurement policies and activities related to the completion of work will include wherever practicable, but are not limited to:

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1. Use of recycled and/or recyclable products in daily operations (i.e. 30, 50, 100% PCW paper, chlorine process free; triclosan free hand cleaner, etc.).

2. Use of Energy Star Compliant equipment.

3. Vehicles and vehicle operations (i.e. Alternative Fuel, Hybrid, etc.).

4. Internal waste reduction and reuse protocol(s).

5. Water and resource conservation activities within facilities, including bans on individual serving bottled water and the use of compostable food service products, etc.

SECTION 28: GIFTS

A. GRANTEE is familiar with CITY’s prohibition against the acceptance of any gift by a CITY officer or designated employee, which prohibition is found in Chapter 12.08 of the CITY Municipal Code.

B. GRANTEE agrees not to offer any CITY officer or designated employee any gift prohibited by said Chapter.

C. The offer or giving of any gift prohibited by Chapter 12.08 shall constitute a material breach of this AGREEMENT by GR ANTEE. In addition to any other remedies CITY may have in law or equity, CITY may terminate this AGREEMENT for such breach as provided in Section 5 of this AGREEMENT.

SECTION 29: DISQUALIFICATION OF FORMER EMPLOYEES

GRANTEE is familiar with the provisions relating to the disqualification of former officers and employees of CITY in matters which are connected with former duties or official responsibilities as set forth in Chapter 12.10 of the CITY Municipal Code (“Revolving Door Ordinance”). GRANTEE shall not utilize either directly or indirectly any officer, employee or agent of GRANTEE to perform services under this AGREEMENT, if in the performance of such services, the officer, employee, or agent would be in violation of the Revolving Door Ordinance.

SECTION 30: NO THIRD PARTY RIGHTS

This AGREEMENT does not constitute a binding commitment to any client or agency except CITY and GRANTEE. No third party rights are created for clients or other individuals.

SECTION 31: OWNERSHIP OF MATERIALS; APPLICANT/CLIENT REPORTS

GRANTEE agrees that it shall provide to CITY information regarding applicants or clients who applied for or received services under this AGREEMENT as needed for reporting and tracking required by applicable federal and state laws. Such information shall be reported in a format that does not identify the individual applicant or client. Training Contra Costa County -Internet Crimes Against Children
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information or reports assembled by CITY from information provided by GRANTEE including, but not limited to, the number of clients enrolled; the number of clients that have completed training; and the number of clients who have entered employment in the area in which they have been trained is the property of CITY without restriction or limitation upon their use including the publication of such information.

SECTION 32: RECORDS

GRANTEE shall be solely responsible to implement internal controls and record keeping procedures that comply with this AGREEMENT and all applicable laws. GRANTEE’s administrative, programmatic and financial records pertaining to the Program, or the AGREEMENT collectively, must sufficiently support the determination that expenditures are allowable. GRANTEE shall retain all records pertinent to this AGREEMENT for a period of five (5) years from the date of final payment for each fiscal year. GRANTEE shall retain such records beyond five (5) years so long as any litigation, audit, dispute or claim is pending.

SECTION 33: MISCELLANEOUS

A. The headings of the sections and subsections of this AGREEMENT are inserted for convenience only.

B. Where this AGREEMENT refers to CITY and no officer of the CITY is named, CITY’s Manager shall have the authority to act on CITY’s behalf.

C. This AGREEMENT may be executed in any number of counterparts and by each Party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same instrument.

D. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature.

The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

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EXHIBIT A

SCOPE OF SERVICES

GRANTEE will provide the services as described in this EXHIBIT.

In the event GRANTEE desires to modify the Scope of Services, GRANTEE shall apply to CITY in writing setting forth the requested modifications. CITY shall have the authority to approve the following categories of modifications, by letter signed by the CITY, without the necessity of a formal written amendment to this AGREEMENT:

1. Modifications to the times and dates of Scope of Services which do not affect the total units of services (“UOS”) to be provided; or

2. Modifications to the location of the services provided so long as the proposed location will serve the same target population and is consistent with the Grant Allocation Plan, if applicable; or

3. The total number of UOS is reduced by an amount not to exceed ten percent (10%) of the UOS specified in the UOS Workbook.

A. Period of Service.

The Grant Services will commence on January 1, 2024 and continue through February 28, 2025.

B. Description of Services

In accordance with the provisions of the AGREEMENT and all rules and regulations pertaining thereto, GRANTEE shall use the Grant Program funds to procure training, supplies and equipment for the Silicon Valley Internet Crimes Against Children Task Force (SVICAC). The purpose of the SVICAC Task Force is to identify, apprehend, and prosecute Internet sexual predators who exploit children using computers, and to sponsor community education efforts regarding the prevention of internet crimes against children. The SVICAC Task Force expands across 11 different counties within the peninsula. All participating agencies acknowledge that the SVICAC Task Force is a joint operation in which all agencies act as partners in a joint effort to address internet crimes against children. The purchases under this agreement will consist of, but not limited to, training, evidence processing equipment, and operational equipment that will support in assisting jurisdictions in the southern part of the task force region with investigation.

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 B-1
T-909.015.026.001 / 2098488

EXHIBIT B

PROCUREMENT, MONITORING, AND REPORTING REQUIREMENTS

A. Fiscal Responsibilities of GRANTEE:

GRANTEE shall:

1. Appoint and submit to CITY the name of a fiscal contact who shall be responsible for the financial and accounting activities of the GRANTEE, including the receipt and disbursement of GRANTEE funds.

2. Establish and maintain a system of accounts that shall conform to generally accepted principles of accounting for budgeted funds. Such system of accounts shall be subject to review and approval of CITY.

3. Document all costs by maintaining complete and accurate records of all financial transactions, including but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements and/or other offic ial documentation, evidencing in proper detail the nature and propriety of all charges.

4. Submit quarterly financial reports at the end of each quarter as outlined in E
XHIBIT D in such form as CITY shall require.

5. Certify insurability subject to CITY approval as outlined in E XHIBIT G.

6. Submit to CITY at such times and in such forms as CITY may require, such statements, records, reports, data, and information pertaining to matters covered by this AGREEMENT.

B. Records, Reports and Audits of GRANTEE:

1. Establishment and Maintenance of Records . GRANTEE shall maintain records, including but not limited to, books, financial records, supporting documents, statistical records, personnel, property, and all other per tinent records sufficient to reflect properly:

a. Al
l direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in the performance of this AGREEMENT; and

b. All other matters covered by this AGREEMENT. Such records shall be maintained in accordance with requirements now or hereafter prescribed by the CITY.

Form approved by CAO: 12/05/2023
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2. Preservation of Records. GRANTEE shall preserve and make available its records:

a. for
the period of five (5 ) years from the date of final payment to GRANTEE under this AGREEMENT; or

b. for such longer period, if any, as may be required by applicable law; or

c. if this AGREEMENT is completely or partially terminated, for a period of five (5) years from the date of any resulting final settlement.

3. Examination of Records and Facilities. At any time during normal business hours, upon advance written notice and as often as may be deemed necessary, GRANTEE agrees that CITY, and/or any of its respective authorized representatives shall have access to and the right to examine any of its plants, offices and/or facilities engaged in performance of this AGREEMENT and all its records with respect to all matters covered by this AGREEMENT. GRANTEE also agrees that the CITY, or any of its authorized representatives shall have the right to audit, examine, and make excerpts or transcripts of and from such records, and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials, and all other data relating to matters covered by this AGREEMENT. CITY may examine records or facilities pursuant to this Section throughout the term of this AGREEMENT and

a. for
a period of five (5 ) years after final payment under this AGREEMENT; or,

b. for such longer period as may be required by applicable law; or

c. if this AGREEMENT is completely or partially terminated, for a period of five (5) years from the date of any resulting settlement.

4. Audits.

a. Independent Audits.

(1) If required by CITY’s Grant Manager, GRANTEE shall submit an agency audit that conforms to generally accepted auditing standards and that includes the following components:

A. Balance Sheet or Statement of Financial Position;

B. Statement of Support, Revenue and Expenses and
Changes in Fund Balances or Statement of Activities;
Form approved by CAO: 12/05/2023
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C. Statement of Functional Expenses;

D. Independent Auditor’s Report. If the audit includes a Management Letter, this must also be submitted to the
CITY.

E. Schedule of Government Financial Assistance which
identifies the gross amounts of grants obtained from
the CITY and other governmental sources and shows
the amount received and disbursed under each grant
during the audited fiscal year; and

F. Report on Compliance and on Internal Control over
Financial Reporting based on an Audit of Financial
Statements performed in Accordance with Government
Auditing Standards indicating that a review of internal controls was performed and identifying material
weaknesses and/or reportable conditions, if any.

Funds may be set aside in GRANTEE's budget in an amount equal to CITY's fair share of the GRANTEE's cost of the audit, if required.

(2) If GRANTEE expends $750,000 or more in a year in Federal awards, GRANTEE shall submit an audit report that conforms to the requirements of 2 C.F.R. Part 200, Subpart F, “Audit Requirements”. Funds may be set aside in GRANTEE's
budget in an amount equal to CITY's fair share of t he
GRANTEE's cost of a 2 C.F.R. Part 200, Subpart F
independent audit, if required.

(3) The GRANTEE’s contract with its independent auditor shall require that the audit ascertains and determines that no services provided by the GRANTEE under this AGREEMENT
are duplicative of services provided to another agency from which GRANTEE receives funding and are not being
reimbursed from funding received from another agency.

(4) GRANTEE shall also submit a written agency management response to the findings of the Internal Control Report, if required.

(5) GRANTEE shall obtain three (3) bids for an outside auditor to conduct the agency audit. The AGREEMENT with an outside auditor can span a term of multiple years but it is highly Form approved by CAO: 12/05/2023
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T-909.015.026.001 / 2098488
recommended that the GRANTEE rotate independent
auditors every three years.

(6) GRANTEE shall enter into an AGREEMENT with an outside auditor no later than sixty (60) days before the end of each Fiscal Year calling for a financial and compliance audit of GRANTEE's Fiscal Years that are c overed by this
AGREEMENT. The written AGREEMENT may be in the form
of an engagement letter prepared by the auditor and approved by GRANTEE.

(7) An audit report must be completed and posted in PDF format on WebGrants within six months of the end of each of the GRANTEE's Fiscal Years covered by this AGREEMENT. If
this AGREEMENT expires or is terminated on a date that
occurs after the period covered by the foregoing audit, GRANTEE shall deliver an audit report within two hundred and fifty (250) days after the expiration or termination of this AGREEMENT auditing the period not covered by the prior
audit.

(8) Should GRANTEE not enter into an AGREEMENT with an
outside auditor or should an audit not be done on a timely basis, the CITY, at its discretion, may enter into an
AGREEMENT with an independent auditor to do the audit at GRANTEE’s expense.

(9) The GRANTEE shall submit to the CITY copies of
management letters the auditor prepares for the GRANTEE as part of the audit engagement.

(10) All audits must be performed by Certified Public Accountants currently certified and licensed to practice in the State of California. GRANTEE must have Auditor’s proof of current licensing on file in GRANTEE’s office. GRANTEE must submit to the CITY's Police Department, Administrative Services Division a copy of Auditor’s certification to practice in California with the audit.

b. CITY Audits.

The CITY may perform an independent audit. Such
audits may cover programmatic as well as fiscal matters. GRANTEE will be afforded an opportunity to respond to any audit findings, and have the responses included in the final audit report. Costs of such audits will be borne by the CITY.

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 B-5
T-909.015.026.001 / 2098488
c. Disallowed Costs. GRANTEE is liable for repayment of disallowed costs as d etermined by CITY. Disallowed costs may be identified through audits, monitoring or other sources. GRANTEE shall be afforded the opportunity to respond to any adverse findings that may lead to disallowed costs. CITY shall make the final determination of disallowed costs.

d. GR
ANTEE shall not adjust any line item expenditures in the Budget Summary (EXHIBIT C) by more than ten percent (10%) without the prior approval of the CITY. GRANTEE shall make such requests for the line item adjustments in writing t o the CITY. Failure to do so, may at CITY’s option, result in disallowed costs.

C. Monitoring and Evaluation

1. GRANTEE agrees to cooperate with CITY on the implementation, monitoring and evaluation of this Program and to comply with any and all reporting, data collection, and evaluation requirements established by CITY, including but not limited to; submission of reports as outlined in this AGREEMENT.

2. Desk Reviews/ Site Visits: GRANTEE shall cooperate with desk reviews and visits from the CITY for the purpose of verifying the implementation of funded projects, interviewing staff, and/or verifying supporting documentation.

3. Data Collection: GRANTEE agrees to perform ongoing data collection that includes but not limited to, training records, training certificates, equipment invoices, supplies, and sharing in accordance with CITY process to ensure effective service delivery in compliance with this AGREEMENT.

4. Equipment Identification and Records : GRANTEE shall maintain a readily identifiable inventory of the procured equipment and supplies.

Supplies and equipment must be noted in a log containing the following information for as long as they are owned by the Subrecipient. Equipment records must contain the following information:
• A description of the property.
• Serial number, or other identification number.
• Source of the property.
• Identification of the title holder.

D. Reporting

1. Quarterly Performance and Fiscal Reports: GRANTEE shall submit quarterly reports or other specific fiscal or reporting requirements regarding Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 B-6
T-909.015.026.001 / 2098488
GRANTEE’s performance of the Grant Services in accordance with the schedule set forth in EXHIBIT D. The quarterly reports must be on a form approved by CITY.

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 C-1
T-909.015.026.001 / 2098488

EXHIBIT C

BUDGET SUMMARY

A. Personnel Costs

Description CITY
Funding
Other
Funding for
Program
Budget Narrative
Explanation (Include a brief
description of the position)

Total Salaries $0.00
Fringe Benefits $0.00

TOTAL PERSONNEL
COSTS
$0.00

B. Operating Costs

Description CITY
Funding
Other
Funding for
Program
Budget Narrative
Explanation (Include a brief
description of the expense)
Training and
Equipment
$75,000 Funds will be used to procure
equipment for evidence
processing and operations to
support the program
Total Personnel
Costs
$0.00
Total Operating
Costs
$75,000

TOTAL PROGRAM
COSTS

$75,000

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 D-1
T-909.015.026.001 / 2098488

EXHIBIT D

PAYMENTS TO GRANTEE AND REPORTING SCHEDULE

Payment shall be made as stated in the following schedule, subject to GRANTEE's satisfactory performance of this AGREEMENT.

A. GRANTEE shall submit invoices to the CITY no later than fifteen (15) days following the end of each month. GRANTEE shall provide quarterly activity reports and other suitable documentation acceptable by the CITY that may include, but not limited to, invoices, packing slips, copy of purchase orders, equipment asset list, transaction general ledger, and proof of payment.

B. Payment of the Grant Award shall be made quarterly, subject to GRANTEE's satisfactory performance of this AGREEMENT.

C. Upon receipt of a quarterly invoice and supporting documentation acceptable to CITY, payments shall be made in accordance with the approved project budget.

Contra Costa County – Internet Crimes Against Children
Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 E-1
T-909.015.026.001 / 2098488

EXHIBIT E

GENERAL SERVICE REQUIREMENTS
(Special Grant Requirements)

This Grant Award is subject to the Cal OES 2023 Subrecipient Handbook, located at https://www.caloes.ca.gov/wp-
content/uploads/Grants/Documents/2023_Subrecipient_Handbook.pdf . Subrecipients must administer their subawards in accordance with these administrative and fiscal requirements.

Part 1. Grant Subaward Terminology and General Requirements

Part 2. Subrecipient Policy and Certification Requirements

Part 3. Personnel and Personnel Costs Requirements

Part 4. Operating Costs Requirements

Part 5. Equipment and Equipment Costs Requirements

Part 6. Contract and Procurement Requirements

Part 7. Operational Agreement and Second-Tier Subaward Requirements

Part 8. Intellectual Property, Copyright, and Patent Requirements

Part 9. Financial Tracking and Reporting Requirements

Part 10. Grant Subaward Amendment and Modification Requirements

Part 11. Reporting Activities and Achievements Requirements

Part 12. Records Requirements

Part 13. Monitoring Processes and Requirements

Part 14. Audit Requirements

Part 15. Closeout Process and Requirements

Contra Costa County – Internet Crimes Against Children
Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 F-1
T-909.015.026.001 / 2098488

EXHIBIT F

FEDERAL FUNDING PROVISIONS

(Intentionally Omitted)

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 G-1
T-909.015.026.001 / 2098488

EXHIBIT G

INSURANCE REQUIREMENTS

GRANTEE, at GRANTEE's sole cost and expense, shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by GRANTEE, its agents, representatives, employees or subcontractors.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. The coverage provided by Insurance Services Office Commercial General Liability coverage (“occurrence”) Form Number CG 0001; and

2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall be included for all owned, non-owned and hired automobiles; and

3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and

4. Professional Liability Errors & Omissions for all professional services.

There shall be no endorsement reducing the scope of coverage required above unless approved by the CITY’s Risk Manager.

B. Minimum Limits of Insurance

GRANTEE shall maintain limits no less than:

1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and

3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the applicable statute and Employers Liability limits of $1,000,000 per accident; and

Form approved by CAO: 12/05/2023
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4. Professional Liability Errors & Omissions $1,000,000 per occurrence/ aggregate limit.

Any limits requirement may be met with any combination of primary and excess coverage so long as the excess coverage is written on a "follow form" or umbrella basis.

C. Deductibles and Self-Insured Retentions

Any deductibles or self -insured retentions must be declared to the CITY's Risk Manager.

D. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. Commercial General Liability and Automobile Liability Coverages

a. The City of San José, its officers, employees, agents and contractors are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of, GRANTEE; products and completed operations of GRANTEE; premises owned, leased or used by GRANTEE; and automobiles owned, leased, hired or borrowed by GRANTEE.

b. GRANTEE's insurance coverage shall be primary insurance as respects CITY, its officers, employees, agents and contractors. Any insurance or self -insurance maintained by CITY, its officers, employees, agents or contractors shall be excess of GRANTEE's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies by GRANTEE shall not affect coverage provided CITY, its officers, employees, agents, or contractors.

d. Coverage shall state that GRANTEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

e. Coverage shall contain a waiver of subrogation in favor of the CITY, its officers, employees, agents and contractors.

2. Workers’ Compensation and Employers’ Liability

Coverage shall contain waiver of subrogation in favor of the City of San José, its officers, employees, agents and contractors.

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 G-3
T-909.015.026.001 / 2098488

3. All Coverages

Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (10) days' prior written notice has been given to CITY.

E. Acceptability of Insurers

Insurance is to be placed with insurers acceptable to CITY's Risk Manager.

F. Verification of Coverage

GRANTEE shall furnish CITY with certific ates of insurance and copies of endorsements affecting coverage required by this AGREEMENT. The certificates and copies of endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Proof of insurance shall be emailed in pdf format to: [email protected]:

Certificate Holder
City of San José—Finance
Risk Management
200 East Santa Clara Street, 13th Floor Tower
San José, CA 95113-1905

G. Subcontractors

GRANTEE shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 H-1
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EXHIBIT H

EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE WITH

CHILD ABUSE AND NEGLECT REPORTING ACT

If GRANTEE provides services involving minors, and as a CITY -approved method of complying with the provisions contained in this AGREEMENT, GRANTEE shall conduct a criminal background check through the database of the California Department of Justice and an FBI criminal database or equivalent national database as approved in writing by GRANTEE’s liability insurance provider, on each of its employees and volunteers who have supervisory or disciplinary authority over minors.

GRANTEE shall also comply with the provisions of the Child Abuse and Neglect Reporting Act, California Penal Code Section 11164 et. seq. Additionally, GRANTEE certifies to the following:

1. Any and all personnel employed or retained by GRANTEE in conducting the operations of GRANTEE’s program shall be qualified to perform the duties assigned to them by GRANTEE. GRANTEE agrees that GRANTEE shall not at any time allow its employees or volunteers to be in any position with supervisory or disciplinary authority over minors, if they have been convicted of any offense identified in California Public Resources Code Section 5164 (copy attached).

CITY and GRANTEE understand that results of background checks on minors may be confidential under state law. Therefore, all employees or volunteers must be at least 18 years of age if they are to be in a position having supervisory or disciplinary authority over any minor.

If GRANTEE intends to have employees or volunteers under the age of 18 providing services under this AGREEMENT, GRANTEE shall maint ain and make available to CITY, if requested, guidelines, procedures or policies, that safeguard and ensure that no employees or volunteers under the age of 18 will be providing services under this AGREEMENT unsupervised and further GRANTEE shall ensure that none of its employees or volunteers under 18 years of age have any supervisory or disciplinary authority over any minor, as such term is used in California Public Resources Code Section 5164.

2. GRANTEE shall be responsible for ensuring that no person who has supervisory or disciplinary authority over minors, who is paid or unpaid by GRANTEE shall be permitted to provide services unless appropriate background checks, including fingerprints, have been performed prior to the beginning of services under this AGREEMENT, and the person meets the standards set forth above. If requested by CITY, and to the extent allowed by law, GRANTEE shall promptly provide documentation listing each person that has provided or is providing services hereunder involving supervision or disciplinary authority over minors, and certifying that the GRANTEE has conducted the proper background check on such person or persons, and each of the named persons is legally permitted to perform the services described in this AGREEMENT. Regardless of whether such documentation is requested or delivered by GRANTEE, GRANTEE shall be solely responsible for compliance with the provisions of this Section 2.

Form approved by CAO: 12/05/2023
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3. That no person paid or unpaid by GRANTEE shall be permitted to provide services requiring contact with children or providing food concessionaire services or other licensed concessionaire services in that area, unless GRANTEE has complied with the TB testing requirements set forth in Sect ion 5163 of the California Public Resources Code (copy attached), verifying that the person or persons has provided evidence/verification of a negative TB skin test reading less than two (2) years old (if newly hired) or within four (4) years (if current employee) of the date of execution of this AGREEMENT and every four (4) years thereafter, if the term of this AGREEMENT exceeds four (4) years. For persons with a positive TB skin test reading, a physician’s medical clearance must be obtained prior to serv ices being provided as specified above. GRANTEE shall keep on file each certificate of clearance (“Certificate”) for the persons described above, and shall also make available a copy of each Certificate to CITY, if requested and allowed by law. “Certificate” means a document signed by a licensed examining physician and surgeon or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis.

4. GR
ANTEE understands that if services are render ed on a school site, there may be additional requirements that may apply including without limitation, requirements under the California Education Code. GRANTEE acknowledges that it is GRANTEE’s sole responsibility to comply with all applicable laws, regulations and licensing requirements in GRANTEE’s provision of services hereunder.

I, the GRANTEE by signing below verify that I have read and agree to the above:

Signature Date

Please Print or Type Name of Organization

Form approved by CAO: 12/05/2023
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CALIFORNIA PUBLIC RESOURCES CODE SECTION 5164

5164. (a)(1) A county, city, city and county, or special district shall not hire a person for employment, or hire a volunteer to perform services, at a county, city, city and county, or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over a minor, if that person has been convicted of an offense specified in paragraph (2).

(2)(A) Violations or attempted violation of Section 220, 261.5, former Section 262, 273a, 273d, or 273.5 of the Pe nal Code, or a sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code.
(B) A felony or misdemeanor conviction specified in subparagraph (C) within 10 years of the date of the employer’s request.
(C) A felony conviction that is over 10 years old, if the subject of the request was incarcerated within 10 years of the employer’s request, for a violation or attempted violation of an offense specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal Code, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022 of the Penal Code, in the commission of that offense, Section 217.1 of the Penal Code, Section 236 of the Penal Code, an offense specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or an offense specified in subdivision (c) of Section 667.5 of the Penal Code, provided that a record of a misdemeanor conviction shall not be transmitted to the requester unless the subject of the request has a total of three (3) or more misdemeanor convictions, or a combined total of three or more misdemeanor and felony convictions, for violations listed in this Section within the 10-year period immediately preceding the employer’s request or has been incarcerated for any of those convictions within the preceding 10 years.
(b)(1) To give effect to this Section, a county, city, city and county, or special district shall require each such prospective employee or volunteer to complete an application that inquires as to whether or not that individual has been convicted of an offense specified in subdivision (a). The county , city, city and county , or special district shall screen, pursuant to Section 11105.3 of the Penal Code, any such prospective employee or volunteer, having supervisory or disciplinary authority over a minor, for that person’s criminal background.
(2) A local agency request for Department of Justice records pursuant to this subdivision shall include the prospective employee’s or volunteer’s fingerprints, which may be taken by the local agency, and any other data specified by the Department of Justice. The request shall be made on a form approved by the Department of Justice. A fee shall not be charged to the local agency for requesting the records of a prospective volunteer pursuant to this subdivision.
(3) A county, city, city and county, or special district may charge a prospective employee or volunteer described in subdivision (a) a fee to cover all of the county, city, city and county, or special district’s costs attributable to the requirements imposed by this section.

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 H-4
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CALIFORNIA PUBLIC RESOURCES CODE SECTION 5163

5163. (a) No person shall initially be employed in connection with a park, playground, recreational center, or beach used for recreational purposes by a city or county in a position requiring contact with children, or as a food concessionaire or other licensed concessionaire in that area, unless the person produces or has on file with the city or county a certificate showing that within the last two (2) years the person has been examined and has been found to be free of communicable tuberculosis.

(b) Thereafter, those employees who are skin test negative shall be required to undergo the foregoing examination at least once each four (4) years for so long as the employee remains skin test negative. Once an employee has a documented positive skin test which has been followed by an X-ray, the foregoing examination is no longer required and a referral shall be made within thirty (30) days of the examination to the local health officer to determine the need for follow-up care.

“Certificate” means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis.

5163.1. The examination shall consist of an approved intradermal tuberculosis test, which, if positive, shall be followed by an X-ray of the lungs.

Nothing in Sections 5163 to 5163.2, inclusive, shall prevent the governing body of any city or county, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent examination than required by Section 5163 and this Section.

5163.2. The X-ray film may be taken by a competent and qualified X -ray technician if the X-ray file is subsequently interpreted by a licensed physician and surgeon.

5163.3. The city or county shall maintain a file containing an up- to-date certificate for each person covered by Section 5163.

5163.4. Nothing in Section 5163 to 5163.3, inclusive, shall prevent the city or county from requiring more extensive or more frequent examinations.

Form approved by CAO: 12/05/2023
T-32629 / 2032958_4 I-1
T-909.015.026.001 / 2098488

EXHIBIT I

RETROACTIVE SERVICES

The term of this AGREEMENT shall be retroactive from January 1 , 20 24 and shall continue through February 28, 20 25. It is understood and agreed that GRANTEE has commenced work and incurred costs prior to execution of this AGREEMENT in anticipation of its execution.

CITY agrees to reimburse GRANTEE for those costs in accordance with the terms of the AGREEMENT. However, in no event shall GRANTEE be reimbursed for costs incurred prior to January 1, 2024.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-219, Version: 1
Direct Purchase of FSIS-II Color Lab System
Approve a Resolution authorizing the direct purchase of the FSIS-II Color Lab System from Arrowhead Forensics for a total cost not to exceed $87,623.84.

City of Salinas Printed on 4/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: JOHN C. MURRAY, ACTING CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

DIANA CALIZO, ADMINISTRATIVE ANALYST I
TITLE: DIRECT PURCHASE OF FSIS-II COLOR LAB SYSTEM

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Interim City Manager to approve the direct purchase of the FSIS-II Color Lab System from Arrowhead Forensics for a total cost not to exceed $87,623.84.

RECOMMENDATION:

Staff recommends that City Council approve the direct purchase of the FSIS-II Color Lab System from Arrowhead Forensics for a total cost not to exceed $87,623.84.

EXECUTIVE SUMMARY:

The Salinas Pol ice Department (SPD) is requesting the purchase of a replacement Alternative Light Source machine for the Crime Lab as the current unit no longer works . The current Alternative Light Source machine in the Crime Lab was manufactured in 1995 and is no longer being made. SPD is requesting the purchase of the FSIS -II Color Lab System , as it is an a ll-in- one system with a built-in camera and computer system. The FSIS-II will play a crucial role in locating fingerprints and other biological evidence on items that would otherwise be difficult to identify. This equipment allows for hands -free use and offers the maximum level of clarity and quality of images.

BACKGROUND:

The Salinas Police Department Crime Lab needs to replace the current Alternative Light Source machine used for locating fingerprints. Since March of 2024 , we have not been able to use the Alternative Light Source machine because it has reached the end of its service lif e. It was manufactured in 1995 and there is no ability to make repairs due to the equipment no longer being Page | 2
made. This makes it imperative that we secure a new FSIS-II Color Lab System from Arrowhead Forensics.

We have contacted Arrowhead Forensics and received a quote for a FSIS-II Color Lab System .

The new system offers a hands-free image capture with the integrated foot pedal and a mounted UV light, which will allow us to maximize the efficiency and results. The FSIS-II’s key feature is the ability to capture untreated latent prints at high resolution. While other machines are similar, the FSIS-II is the only system that has full-spectrum capability to view and capture color images of altered documents and other biological evidence on it ems that would otherwise be difficult to identify.

Arrowhead Forensics is the sole manufacturer and developer of the FSIS-II Color Lab System .

There are no local vendors available to provide this equipment. The City Council has the authority to approve this direct purchase under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.

POLICE COMMUNITY ADVISORY COMMITTEE:

Acting Police Chief John Murray discussed this purchase with members of the Police Community Advisory Committee during their meeting on March 27, 2024. The Committee did not provide any comments or concerns in response to this proposed purchase.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Approving the purchase will support the City Council’s Strategic Plan Goal of Public Safety and Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

The Police Department will coordinate with the Finance Depar tment, including Information Technology, during the purchasing process.

FISCAL AND SUSTAINABILITY IMPACT:

Funds are appropriated and available within the Police Department’s Crime Scene Investigations (CSI) Equipment budget, account 1000.40.4129-66.5000.

ATTACHMENTS:

Resolution
Quote – Arrowhead Forensics
Sole Source for FSIS-II Color Lab System
1 RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF

THE FSIS-II COLOR LAB SYSTEM

WHEREAS, the Salinas Pol ice Department Crime Lab needs to replace the current Alternative Light Source machine because it has reached the end of its service life; and

WHEREAS, the Salinas Police Department wishes to replace this equipment with another Alternative Light Source machine, the FSIS -II Color Lab System and has received a quote from Arrowhead Forensics for the FSIS-II Color Lab System; and

WHEREAS, the FSIS -II Color Lab System is the only system that has full -spectrum capability and there are no local vendors available and the department will be purchasing the FSIS- II Color Lab System directly from the manufacturer, Arrowhead Forensics; and

WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12 -27 ( exception to low -bid based competition ) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12 -28 (local purchasing preference).

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Interim City Manager to approve the direct purchase of the FSIS-II Color Lab System from Arrowhead Forensics, for total costs not to exceed $87,623.84.

PASSED AND APPROVED this 23rd day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor
ATTEST:

_________________________
Patricia M. Barajas, City Clerk
Quote
Date
4/3/2024
Quote #
37585
Bill To

SALINAS POLICE DEPARTMENT
ATTN: JULIANE SHARPE
312 E ALISAL ST
SALINAS, CA 95004
Ship To

SALINAS POLICE DEPARTMENT
ATTN: JULIANE SHARPE
312 E ALISAL ST
SALINAS, CA 95004
Terms
Net 30
Rep
DSH
E-mailPhone Number
831-758-7230
Total
Subtotal
Sales Tax (9.25%)
Item Description Qty Cost Total
A-FSC-1-FS-30 FSIS II COLOR LAB SYSTEM FSC 20MP
COLOR CAMERA, 50MM UV LENS, 27''
APPLE iMAC W/ 1TB OF STORAGE, 254NM
UV LAMP, 3 POS FILTER SLIDE SET: (254NM
BANDPASS FILTER, OG550 ORANGE
FILTER, 830NM IR FILTER) 365NM
BANDPASS FILTER, 445NM BLUE FILTER,
695NM IR FILTER,
365NM-525NM-455NM-625NM-850NM

FLASHLIGHTS, WALL AND CAR CHARGER

FOR FLASHLIGHTS, UNIVERSAL FILTER

ADAPTER, IMAGE CAPTURING SOFTWARE,

CAMERA INTERFACE CABLES,

HYDRAULIC ARTICULATING ARM, FOOT

PEDAL, PELICAN CASE WITH CUSTOM CUT
FOAM | TRAINING AND INSTALL (ON-SITE
OR DIGITAL) | 2 YEAR MANUFACTUER

WARRANTY
SERIAL #:
1 79,990.00 79,990.00T
A-6518 UV FACE SHIELD 1 0.00 0.00
Shipping FREIGHT CHARGE (Estimate) 1 234.76 234.76
THIS QUOTE IS GOOD FOR 30 DAYS FROM THIS DATE.

PLEASE REFERENCE QUOTE NUMBER WHEN PLACING ORDER. $87,623.84 $80,224.76
$7,399.08
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The FSIS 2
The FSIS II models are available exclusively through Arrowhead Forensics. Arrowhead is the Sole Source for all FSIS II Models. Here are some upgrades as to why the FSIS II is justified as a sole source.
- Resolution upgrade from 16MP to 20MP from FSIS to FSIS II - Each lab system includes the all-new iMac 5K All-in-One Computer - Windows 10 now included with each new FSIS II System
Speed improvements in Fast Scan at up to 1 OX when scanning for evidence - Real-time evidence viewing, similar to the Frames Per Second in live Television
- Upgrade to the clarity in the image when utilizing the "Gain" function in the software
- Huge improvement in speeds using the Integration "Paint by Light" curved surface photography tool
- Buy with confidence with an included 2-year warranty with each system - HDR enhancement available in live video and image capture for greater detail in dark images
- U.S. Patent Numbers: 9294689B2, 9292726B2
Please direct any questions to the Vice President at Arrowhead Forensics, Brad Brown.

Sincerely,
Brad Brown
Vice President
913-945-1807
[email protected]
Arrowhead Forensics

ARROWHEAD FORENSICS
Arrowhead Scientific, Inc.
11006 Strang Line Road
Lenexa, Kansas 66215
www.arrowheadforensics.com
800-953-3274
913-894-8388
913-894-8399 fax
TEL: 800.953.3274 WEB: arrowheadforensics.com E-MAIL: [email protected] US PATENT 9,294,689 B2

DIGITAL RUVIS CAMERA
Michael K. Thorsted, Spotsylvania, VA (US)
Assigned to Syntronics, LLC, Fredericksburg, VA (US)
Filed by Michael K. Thorsted, Spotsylvania, VA (US)
Filed on Oct. 20, 2014, as Appl. No. 14/518,078.

Application 14/518,078 is a continuation of application No. 14/070,328, filed on Nov. 1, 2013.

Claims priority of provisional application 61/721,667, filed on Nov. 2, 2012.

Prior Publication US 2015/0097963 A1, Apr. 9, 2015
Int. Cl. H04N 5/30 (2006.01); H04N 5/225 (2006.01)
CPC H04N 5/30 (2013.01) [H04N 5/2254 (2013.01); H04N 5/2256 (2013.01)]

12. A system for capturing ultraviolet reflectance images of a latent fingerprint on a subject, the system comprising:
an ultraviolet lamp for illuminating the subject, wherein the ultraviolet lamp has a power rating between 1 and 50 watts; an ultraviolet sensitive camera for capturing the ultraviolet reflectance images of the latent fingerprint, the camera comprising:
a lens for receiving ultraviolet radiation reflected from the subject, wherein the lens is transmissive of at least about 90 percent of radiation having a wavelength of 254 nm;
a bandpass filter for filtering the ultraviolet radiation reflected from the subject, the bandpass filter having a passband centered at about 254 nm and having a bandwidth of about 1 nm to about 100 nm; a full frame 35 mm format size image sensor for collecting ultraviolet radiation passed through the lens and bandpass filter and for generat- ing an ultraviolet image output based on the collected ultraviolet radiation, wherein the image sensor is configured to sense light in at least the ultraviolet spectrum and the visible spectrum, and pixels of the image sensor have at least one dimension of about 7.4 micrometers or more; and
at least one controller configured to generate display signals based on the ultraviolet image output of the image sensor; a display for viewing the ultraviolet reflectance images of the latent fingerprint based on the display signals generated by the at least one controller; and
a storage device configured to store data relating to the ultraviolet reflectance images of the latent fingerprint. 11030 Strang Line Road | Lenexa, Kansas 66215
PHONE 913.894.8388 FAX 913.894.8399
www.arrowheadforensics.com

ARROWHEAD FORENSICS
TEL: 800.953.3274 WEB: arrowheadforensics.com E-MAIL: [email protected] US PATENT 9,292,726 B2

SYSTEM AND METHOD FOR IMAGING EVIDENCE DEPOSITED ON CURVED SURFACES Michael K. Thorsted, Spotsylvania, VA (US); and Ian A. Moore, Fredericksburg, VA (US) Assigned to SYNTRONICS, LLC, Fredericksburg, VA (US)
Filed by Michael K. Thorsted, Spotsylvania, VA (US); and Ian A. Moore, Fredericksburg, VA (US)
Filed on Dec. 22, 2014, as Appl. No. 14/579,254.

Claims priority of provisional application 61/919,386, filed on Dec. 20, 2013.

Prior Publication US 2015/0178545 A1, Jun. 25, 2015
Int. Cl. G06K 9/00 (2006.01)

1. A system for generating an integrated image of a fingerprint present on a curved surface of an object, the system comprising:
an imaging assembly including a light source and an image capturing device, the imaging assembly enabling selective illumination of the fingerprint on the curved surface of the object to selectively create specular reflections of different aspects of the fingerprint for capture by the image capturing device;
a memory storing a set of instructions; and
at least one processor configured to execute the set of instructions to:
receive first image information corresponding to a first image captured by the image capturing device, the first image information including pixel values for pixels of the captured first image, and wherein a first representation of the fingerprint appears within a first set of pixels of the captured first image, and the captured first image includes data representing a specular reflection from a first aspect of the fingerprint; receive second image information corresponding to a second image captured by the image capturing device, the second image information including pixel values for pixels of the captured second image, and wherein a second representation of the fingerprint appears within a second set of pixels of the captured second image, and the captured second image includes data representing a specular reflection from a second aspect of the fingerprint, the second aspect of the fingerprint being different than the first aspect of the fingerprint, and the second set of pixels of the captured second image occupying substantially a same region of the captured second image as the first set of pixels occupies in the captured first image;
compare a first plurality of pixel values from the first set of pixels with a corresponding second plurality of pixel values from the second set of pixels;
determine, for each compared pixel, whether a selected pixel from the first set of pixels or a corresponding pixel from the second set of pixels has a higher pixel value; and
for each compared pixel, store in a pixel value set the pixel value of the selected pixel from the first set of pixels if the selected pixel has a higher pixel value than the corresponding pixel from the second set of pixels, and store in the pixel value set the pixel value of the correspond- ing pixel from the second set of pixels if the corresponding pixel has a higher pixel value than the selected pixel from the first set of pixels, wherein the pixel value set provides an integrated image of the fingerprint formed from detail obtained in the specular reflection from the first aspect of the fingerprint and the specular reflection from the second aspect of the fingerprint. 11030 Strang Line Road | Lenexa, Kansas 66215
PHONE 913.894.8388 FAX 913.894.8399
www.arrowheadforensics.com

ARROWHEAD FORENSICS
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-223, Version: 1
Salinas Police and Fire 2024 Fireworks Enforcement Plan Receive and accept the 2024 Fireworks Enforcement Plan.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: April 23, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT AND SALINAS FIRE

DEPARTMENT

FROM: JOHN MURRAY, ACTING CHIEF OF POLICE

SAMUEL KLEMEK, FIRE CHIEF

TITLE: SALINAS POLICE AND FIRE 2024 FIREWORKS

ENFORCEMENT PLAN

RECOMMENDED MOTION:

No motion is required with this item.

RECOMMENDATION:

No action is required for this item, so no recommendation is being made. This Report is provided for informational purposes only as required by the Salinas Municipal Code Sec. 5-02.22.

EXECUTIVE SUMMARY:

Measure C, an initiative measure approved by the voters of Salinas in June 2016, allows for the sale and use of “Safe and Sane” fireworks within the city. One component of the measure requires the Salinas Fire Department and the Salinas Police Department to present a plan outlining public education and enforcement efforts to address illegal fireworks use during the Fourth of July holiday. The plan is multifaceted and includes education, enforcement, and response elements.

BACKGROUND:

As most fireworks vi olations are considered misdemeanors under the law, it is a challenge to prosecute offenders under the rules of evidence and proof without eyewitness corroboration. To that end, our enforcement efforts will again focus on public involvement, education, and the city’s administrative citation process aid in making the sale and use of illegal fireworks “socially unacceptable”.

CEQA CONSIDERATION:

The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) Page | 2

STRATEGIC PLAN INITIATIVE:

The objectives of the SPD and SFD’s plan for the Fourth of July are to support the goals of the City Council and;

1. Mitigate hazards and protect life to ensure a safe, livable community.

2. Protect property to promote economic diversity and prosperity.

3. Utilize a practical enforcement model to support an effective, sustainable government.

FISCAL AND SUSTAINABILITY IMPACT:

Costs to cover the 2024 emergency response and enforcement efforts for illegal fireworks will be paid through the 7% surcharge recovered from the sale of Safe-n-Sane fireworks and illegal fireworks citation revenue.

ATTACHMENTS:

Enforcement Plan

FIREWORKS

ENFORCEMENT PLAN
Samuel Klemek, Fire Chief
John Murray, Acting Chief of Police
April 23, 2024
Augmented police, fire, and code enforcement staff
will perform citywide patrols.

Gather evidence for administrative citations (video,
photos).

Continue efforts to change the social conscience of
illegal fireworks use.
“Zero Tolerance” signage will be posted on all fireworks stands.

Printed Fireworks Safety materials will be distributed to schools and fireworks stands.

Fireworks Safety and Enforcement signage placed
throughout the City starting June 1
st
Promotion of the City of Salinas Fireworks website
www.salinasfireworks.com
and Salinas Connect App
Press releases and interviews with local news outlets
to spread the word about fireworks safety and the
pe
nalties for use of illegal fireworks.

Collaboration with City of Salinas PIO and Mag One
Media to continue our social media campaign

Roaming marked and unmarked patrols units will be
deployed throughout the city during the holiday period.

SFD and SPD Drone Teams will be deployed strategically
throughout the city.

Additional Fire Department resources will be deployed
for emergency responses and to assist with “observing
an
d reporting” the use of illegal fireworks.

The Salinas Fire Prevention Division will review reports and issue administrative citations via mail.

Administrative citations will be issued to property
owners where illegal fireworks are discharged.

OSHA regulations prohibit staff from handling and
storage of fireworks. Disposal must be done by
lice
nsed hazardous materials handlers.

Staff is creating the implementation of a REWARD
pr
ogram to encourage the reporting and successful
citation of fireworks violators.

Costs to cover t he 2024 emergency response and
enforcement efforts for illegal fireworks will be paid
through the 7% surcharge recovered from sale of Safe
and Sane Fireworks Stands.

Combined fund balances for 2023 fireworks related
revenue are approximately $ 82,000.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-236, Version: 1
City Hall 1st Floor Build Back Project No. 8170; Change Order No. 3 Approve a Resolution authorizing the Interim City Manager to execute Change Order No. 3 and related documents to Premier Builders, Inc. for the City Hall 1st Floor Build Back Project No. 8170 in the amount of $1,259,693; and authorize a $250,000.00 allowance for construction contingencies for future change orders to the City Hall 1
st Floor Build Back Project No. 8170; and approve reallocation of American Rescue Plan Act funds (ARPA), in the amount of $800,000.00 to Adaptations to City Hall Project No. 8170.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR

JIM PIA, INTERIM CITY MANAGER
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER

ADRIANA ROBLES, PE, CFM, CITY ENGINEER
TITLE: CITY HALL 1st FLOOR BUILD BACK PROJECT NO. 8170 CHANGE ORDER NO. 3

RECOMMENDED MOTION:

A motion to approve a Resolution to:

1. Authorize the Interim City Manager to execute Change Order No. 3 to Premier Builders, Inc. for the City Hall 1st Floor Build Back Project No. 8170 in the amount of $1,259,693, and authorize the Interim City Manager to execute all necessary documents related to Change Order No. 3; and

2. Authorize a $400,000 allowance for construction contingencies for future change orders to the City Hall 1st Floor Build Back Project No. 8170; and

3. Approve the City’s reallocation of American Rescue Plan Act funds (ARPA), in the amount of $1,000,000 from project 3911.50.9086, Natividad Creek Silk Removal to Adaptations to City Hall project , 3911.50.8170 for this change order and construction contingencies.

EXECUTIVE SUMMARY:

On December 5, 2023, City Council award ed an emergency construction contract to Premier Builders, Inc. for the City Hall 1st Floor Build Back No. 8170 in the amount of $ 1,859,138.00.

During the City Hall Emergency Roof Repair work includ ed the removal of the ceiling and roof decking which left office walls unstable and required them to be replaced. TEF Architectures provided revised plans to include details for new office walls and included new ADA restrooms.

Contract Change Order No. 3 for installation of new office walls, refurbishment of restrooms, installation of new ADA bathrooms, and corresponding changes to electrical and mechanical systems in the amount of $1,259,693 is above the $100,000 threshold requiring council approval, per Policy 75-1.

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BACKGROUND:

On April 4, 2023, City Council awarded a contract to F C & Sons Roofing, Inc. for the City Hall Emergency Roof Repair Project, CIP 8170 in the amount of $646,271 and Contract Change Order No. 1 for abatement of City Hall First Floor in the amount of $412,031.

The scope for Contract Change Order No. 1 included abatement of asbestos containing fireproofing spray, demolition of T-bar ceiling, ceiling tiles, lighting, HVAC, flooring, and mastic within the first floor of city hall. Prior to the project all City staff and furniture were moved out of the city hall 1st floor abatement space.

On December 5, 2023, City Council awarded an emergency construction contract to Premier Builders, Inc. for the City Hall 1st Floor Build Back No. 8170 in the amount of $1,859,138. The project scope included rebuild of all building elements that were removed during the abatement including HVAC, lighting, ceiling, and flooring.

After the abatement work, m ost office walls were unstable and required replacement . The City’s architect, TEF Architects, revised the original plans to include the installation of new office walls, revised lighting and flooring, installation of new doors and storefronts, upgrade of restrooms and installation of new ADA restrooms. Design-build plans were prepared for new electrical and mechanical systems. Contract Change Order No. 3 is for completing all the work per revised plans in the amount of $1,259,693.

Pursuant to Department Policy 75 -1, City Council approval and authorization is required for Contract Change Orders exceeding $100,000 or 10% of the original contract amount. On December 3, 2023, Resolution No. 228 60 authorized 2 5% of contract amount for construction contingencies for an amount of $464,784.50. There are enough remaining contingencies to approve Contract Change Order No. 3 for $1,259,693. See table 1 below for a breakdown.

The remaining project funding for 3911.50.8170 – Adaptations to City Hall as of April 16, 2024, is approximately $801,501.

Table 1: Construction Cost Request Breakdown
Description Contract Amount
Original Contract $1,859,138.00
Change Order No. 1 $0.00
Change Order No. 2 $47,741.00
Change Order No. 3 $1,259,693.00
TOTAL $3,106,879.00

CEQA CONSIDERATION:

The City of Salinas has determined that the proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15301).

Page | 3
STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of Operational Efficiency and Public Safety.

DEPARTMENTAL COORDINATION:

The Public Works Department is collaborating with Legal, Administration and Finance Departments.

FISCAL AND SUSTAINABILITY IMPACT:

With Council approval of the resoluti on, sufficient funding is available and appropriated within the identified ARPA project for Contract Change Order No. 3 and construction contingencies.

ATTACHMENTS:

Resolution

1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING APPROVAL OF CONTRACT CHANGE ORDER NO. 3 FOR THE CITY HALL 1ST FLOOR BUILD BACK PROJECT, NO. 8170

WHEREAS, On April 4, 2023, City Council, pursuant to Resolution No.22627, awarded an emergency construction contract to F C & Sons Roofing, Inc. for the City Hall Emergency Roof Repair, Project No. 8170 and Contract Change Order No. 1 for abatement; and

WHEREAS, The scope for Contract Change Order No. 1 included abatement of asbestos containing fireproofing spray, demolition of T-bar ceiling, ceiling tiles, lighting, HVAC, flooring, and mastic within the first floor of city hall; and

WHEREAS, On December 5, 2023, City Council , pursuant to Resolution No. 22860, awarded an emergency construction contract to Premier Builders, Inc. for the City Hall 1st Floor Build Back No. 8170 in the amount of $1,859,138.00; and

WHEREAS, TEF Architects, revised the original plans to include the installation of new office walls, revised lighting and flooring, installation of new doors and storefronts, upgrade of restrooms, and installation of new ADA restrooms; and

WHEREAS, Design-build plans were prepared for new electrical and mechanical systems to include the new revised work; and

WHEREAS, the City of Salinas has determined that the proposed action is categorically exempt from environmental review under the California Environmental Qu ality Act (CEQA Guidelines Section 15301).

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Interim City Manager to execute Contract Change Order No. 3 to Premier Builders, Inc. for the City Hall 1st Floor Build Back Project No. 8170 in the amount of $1,259,693.00 and authorizes the Interim City Manager to execute all necessary documents related to Contract Change Order No. 3; and BE IT FURTHER RESOLVED that the City Council authorizes a $ 400,000.00 allowance for construction contingencies for future change orders to the City Hall 1 st Floor Build Back Project No. 8170; and
BE IT FURTHER RESOLVED that the City Council authorizes the City’s reallocation of American Rescue Plan Act funds (ARPA), in the amount of $ 1,000,000, from project 3911.50.9086, Natividad Creek Silk Removal to Adaptations to City Hall project (3911.50.8170).

PASSED AND APPROVED this 23rd day of April 2024, by the following vote:

AYES:

NOES:
2 ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-237, Version: 1
Modification to Classification-Salary Schedule
Approve a Resolution modifying the Classification - Salary Schedule to retitle the Environmental Resources Planner classification.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: HUMAN RESOURCES
FROM: MARINA HORTA-GALLEGOS, HUMAN RESOURCES DIRECTOR
BY: PATRICIA PEÑALOZA, HUMAN RESOURCES MANAGER
TITLE: MODIFICATION TO CLASSIFICATION-SALARY SCHEDULE

RECOMMENDED MOTION:

It is recommended that the City Council approve a Resolution modifying the Classification – Salary Schedule to retitle the Environmental Resources Planner classification.

EXECUTIVE SUMMARY:

Staff recommends that the City Council approve the attached Resolution modifying the Classification – Salary Schedule to reflect retitling of the Environmental Resources Planner classification to Sustainability Analyst.

BACKGROUND:

Staff recommend a title change that better reflects the essential functions of the position. The title of Environmental Resources Planner may not immediately resonate with candidates interested in sustainability analysis and implies that the primary focus is planning resources related to the environment, but this position also manages and monitors the City’s solid waste program . Staff recommend re -titling this position to Sustainability Analyst . This title is clearer , highlights the analytical aspect of the role , and could attra ct candidates who are specifically interested in both sustainability and analysis.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

AMPS
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
15 Sustainability Analyst 47.3153 8,201 49.6853 8,612 52.1651 9,042 54.7696 9,493 57.5136 9,969 60.3823 10,466 Page | 2
STRATEGIC PLAN INITIATIVE:

The proposed action meets the Effective and Culturally Responsive Government Council goal.

DEPARTMENTAL COORDINATION:

The above recommendations are a collaborative and coordinated effort between the Human Resources Department and the Public Works Department.

FISCAL AND SUSTAINABILITY IMPACT:

There is no fiscal impact.

ATTACHMENTS:

Resolution

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RESOLUTION NO. _________ (N.C.S.)

RESOLUTION APPROVING MODIFICATION TO THE

CLASSIFICATION - SALARY SCHEDULE

BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that the Classification -Salary Schedule previously adopted by the City Council by Resolution is hereby amended to include the classification of Sustainability Analyst in the place of Environmental Resources Planner.

PASSED AND APPROVED this 23rd day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Kimbley Craig, Mayor

ATTEST:
______________________________
Patricia M. Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-238, Version: 1
Second Amendment to the Agreement with Accountancy Corporation, DBA Maze & Associates for Accounting Services
Approve a Resolution authorizing the Interim City Manager to execute a Second Amendment to the Professional Services Agreement with Accountancy Corporation, dba. Maze and Associates for accounting and financial reporting services to increase the maximum compensation from $75,000 to $200,000.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: FINANCE
FROM: SELINA ANDREWS, ASSISTANT FINANCE DIRECTOR
TITLE: SECOND AMENDMENT TO THE AGREEMENT WITH

ACCOUNTANCY CORPORATION , DBA MAZE & ASSOCIATES

FOR ACCOUNTING SERVICES

RECOMMENDED MOTION:

A motion to approve a resolution authorizing the Interim City Manager to negotiate and execute a Second Amendment to the Professional Services Agreement with Accountancy Corporation, dba.

Maze and Associates for accounting services to increase the maximum compensation from $75,000 to $200,000 and add one additional one-year option to extend the term.

EXECUTIVE SUMMARY:

The City contracted with Maze and Associates t o address capacity issues within the Finance Department. Maze and Associates is a unique consultant and was carefully selected due to their governmental accounting experience working with numerous other municipalities across California. Through this engagement , the City is able to complete the year -end close process, address multiple annual audits, and continue to document desk procedures for business continuity.

In collaboration with the Human resources Department, the Finance Department hopes to fill its two vacant Senior Accountant positions in the coming months.

BACKGROUND:

At the close of FY 2021 -22, the Finance Department experienced an overwhelming number of changes in key management and highly technical positions. The Finance Director, Assistant Finance Director, Accou nting Manager, Senior Accountant, and Management Analyst positions were all vacant within months of one another. Further complicating the lack of staffing was an increase in volume and complexity of governmental financial reporting due to new accounting pronouncements issued by the Governmental Accounting Standards Board.

While the City has been successful in recruiting professionals to fill the Assistant Finance Director, Accounting Manager, and Management Analyst, two Senior Accountant positions remain vacant.

The effects of the ongoing vacancies and recent recruitments, which take time to train and onboard, continue to impact routine reconciliations, year-end, annual audits, and day to day operations. To help mitigate this, the City is recommending the continued use of consultants through Maze and Associates to assist with highly technical and complex reconciliations.

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On January 3, 2024, the City entered into a Professional Services Agreement with Maze and Associates for accounting services to assist with the close of Fiscal Year 2022 -23 and the preparation of the audit. Given that the City had not yet filled its Senior Accountants positions, the City entered into a First Amendment with Maze and Associates on April 10, 2024, to include additional technical staffing and extend the term through October 31, 2024.

Continuing the use of the consultant is critical to increase capacity while the department attempts to fill vacancies during its busiest times with the close of the prior year, annual audits, and the development of the FY 2024-25 budget.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Approval of the recommended resolution achieves the Council 2022-2025 Strategic Goal of Effective Government.

DEPARTMENTAL COORDINATION:

This staff report was coordinated with the City Manager’s Office and City Attorney’s Office.

FISCAL AND SUSTAINABILITY IMPACT:

Funds are available and appropriated in 1000.20.2031.

ATTACHMENTS:

Resolution
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SALINAS

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SECOND

AMENDMENT TO AN AGREEMENT WITH ACCOUNTANCY CORPORATION, DBA

MAZE AND ASSOCIATES FOR ACCOUNTING SERVICES

WHEREAS, accounting services are essential functions of the City of Salinas; and

WHEREAS, due to several staff vacancies, the City’s Department of Finance, which is responsible for these functions, requires additional capacity in completing these tasks; and

WHEREAS, Accountancy Corporation dba Maze and Associates (“ Maze and Associates”) is qualified by experience and ability to perform accounting services; and

WHEREAS, on January 3, 2024, the City entered into a professional services agreement to receive such services from Maze and Associates; and

WHEREAS, on April 10, 2024, the City amended the professional services agreement to include additional technical staff to the salary schedule and extend the term through October 31, 2024; and

WHEREAS, the City desires to negotiate and execute a Second Amendment to the Agreement with Maze and Associates for accounting services; and

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Interim City Manager to negotiate and execute a Second Amendment to the Professional Services Agreement with Maze and Associates for accounting services to increase the maximum compensation from $75,000 to $200,000 and add one additional one-year option to extend term.

PASSED AND APPROVED this 23 day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_____________________________
Kimbley Craig, Mayor
ATTEST:

_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-239, Version: 1
Amendment No. 1 to the Agreement for Services with Kysmet Security & Patrol, Inc.

Approve a Resolution approving Amendment No. 1 to the Agreement for Services between the City of Salinas and Kysment Security & Patrol, Inc. to include security services at Monte Bella Community Park for a 60-day pilot program in an amount not to exceed $85,000 and authorize the Interim City Manager to enter into the Amendment on behalf of the City.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: APRIL 23, 2024
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
TITLE: AMENDMENT N O. 1 TO THE AGREEMENT FOR SERVICES
WITH KYSMET SECRITY & PATROL, INC.

RECOMMENDED MOTION:

A motion to:

1. Approve Amendment No. 1 to the Agreement for Services between the City of Salinas and Kysmet Security & Patrol, Inc to include security services at Monte Bella Community Park for a 60- day pilot program and increase the maximum compensation by $5,000 for an amount not to exceed $85,000; and

2. Authorize the Interim City Manager to enter into the Amendment on behalf of the City.

EXECUTIVE SUMMARY:

In April of 2023, the City initiated a 90 -day pilot program for security services at Closter Park.

Following the pilot program, the City Council authorized the City Manager to enter into a Service Agreement with Kysmet Security & Patrol, Inc. in an amount not to exceed $80,000 for security services for the period of September 2023 through August of 2024. Staff wishes to amend the Agreement for Services with Kysmet Security & Patrol, Inc. in an amount not to exceed $85,000 in order to provide security services at Monte Bella Community Park for a 60-day pilot program.

DISCUSSION:

Closter Park has a history of negative incidents in and around the park including, drug and alcohol use and gang activity. These types of incidents have led to the community feeling unsafe and an overall perception that the park is not safe for use by residents in the area. As a result, staff initiated a pilot program in April of 2023. In September 2023, the City Council authorized the City Manager to enter into an Agreement for Services with Kysmet Security & Patrol, Inc. in the amount of $80,000 for security services at Closter Park for the period of September 2023-August 2024.

The Monte Bella Community Neighborhood Watch Group has raised a variety of safety concerns relating to the park and ongoing uses. In an effort to provide increased supervision of the park and parking lots, staff is recommending security services be added to Monte Bella Community Park on Saturdays and Sundays when the park has the most use. Security would provide onsite supervision, address parking issues and other items that may come up during the day. During the Page | 2
60-day pilot program, guards assigned to Monte Bella Community Park would be required to submit daily activity reports to staff.

Staff is seeking authorization to enter into Amendment No. 1 to the Agreement for Services with Kysmet Security & Patrol , Inc. to include security services at Monte Bella Community Park on Saturdays and Sundays for the 60-day pilot program in total Amendment amount not to exceed $85,000.

Consistent with Purchasing Policies and ordinance (2576) Service Agreements in the amount of more than $30,000 requires City Council Authorization.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Providing security at Closter Park is consistent with the City Council Goals of:
 Youth and Seniors
 Public Safety

DEPARTMENT COORDINATION:

The Library & Community Department has worked with the City Manager’s Office on this item.

FISCAL AND SUSTAINABILITY IMPACT:

The additional funds required for this amendment are available and appropriated in 1100.55.6231.

ATTACHMENTS:

Amendment No. 1
Scope of Services

Version: November 2023

AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR SERVICES
BETWEEN KYSMET SECURITY & PATROL INC. AND CITY OF SALINAS

This Amendment No. 1 to the Agreement for Services (the “Amendment”) is entered into this 23rd day of April 2024, by and between the City of Salinas (the “City”) and Kysmet Security & Patrol Inc., (the “Consultant”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS

WHEREAS, pursuant to Resolution 22799 (N.C.S), the City and Consultant first entered into an Agreement for Services for Closter Park Security Pilot Program effective September 1, 2023, in an amount not to exceed $80,000 to which Contractor agreed to provide services to the City for compensation (the “Agreement”); and

WHEREAS, the City and Contractor desire to amend the Agreement to reflect the additional services to be provided by increasing the agreement compensation by $5,000 for security services at Monte Bella Community Park.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The Agreement, Scope section, is amended to replace the following:

Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Security services for Closter Park and Monte Bella Community Park. Scope of work is further discussed in Attachment B – Scope of Services.

2. The Agreement, Payment section, is amended to replace the following:

City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, an hourly fee in the amount of Twenty-Eight Dollars ($28) per hour, not to exceed Eighty-Five Thousand Dollars ($85,000), as more fully described in title of Contractors fee schedule, Attachment B.

Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS

___________________________________
Jim Pia, Interim City Manager

Version: November 2023

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

KYSMET SECURITY & PATROL INC.

____________________________________
Printed name: ________________________
Title: ________________________________
Attachment B – Scope of Services

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-212, Version: 1
a. Anticipated Litigation - California Government Code Section 54956.9(e)(1), conference with legal counsel regarding significant exposure to litigation (3 cases). b. Existing Litigation - California Government Code Section 54956.9, conference with legal counsel regarding, Robert Durst vs. City of Salinas, Workers’ Compensation Appeals Board Case Number(s):

ADJ14890281.

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-232, Version: 1
Salinas City Council District 3 Vacancy
Provide direction to the City Manager, City Attorney, and City Clerk with regard to the City Council District 3 vacancy.

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Memorandum
City of Salinas

Date: April 19, 2024
To: Salinas City Council and members of the Public
From: Jim Pia, Interim City Manager

SUBJECT: Consideration ID#24-232, Salinas City Council District 3 Vacancy

The staff report for this item will be posted when fully complete. Also, please note the evening agenda time for this item (7:30 p.m.). This item will be considered by the City Council in the evening in order to best accommodate residents’ work schedules, including those in District 3. Thank you.