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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Tuesday, February 01, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
* Some Councilmembers may be calling in. (Please Note: In order to respond to COVID-19 the City will hold this meeting via teleconference pursuant to AB 361
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.
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VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.
Once the Mayor has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. - 2 -
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If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Ahmad Kayello, Islamic Center of Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. County/Covid-19 Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
2. Modesto Convention and Visitor’s Bureau Presentation (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5347, [email protected]
PUBLIC COMMENT PERIOD
Please refer to special public comment instructions above Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or - 3 -
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Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT ITEMS
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
3. Consider approving the minutes from the January 25, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the January 25, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
4. Consider final adoption of Ordinance 3741-C.S. amending Section 1-2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving final adoption of Ordinance 3741-C.S. amending Section 1-
2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] - 4 -
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Consent
5. Consider amending Section 23 of the Housing and Urban Development Policies and Procedures Manual (Section 3 Compliance). (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving amended Section 23 of the HUD Policies and Procedures Manual (Section 3 Compliance).
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
6. Consider approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 for activity delivery. (Funding Source: Emergency Solutions Grant CV2) Staff Recommendation:
Resolution approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 in activity delivery and authorizing the City Manager or his designee to execute any documents and/or Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
7. Consider approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient Agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2)
Staff Recommendation:
Resolution approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient Agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022, and authorizing the City Manager or his designee to execute the amendment.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
8. Consider approving the First Amendment to the Haven Women’s Center of Stanislaus ESG CARES Act subrecipient Agreement increasing the contract amount from $36,000 to $98,000, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000. (Funding Source: Emergency Solutions Grant CV2)
Staff Recommendation:
Resolution approving the First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act subrecipient Agreement, increasing the contract - 5 -
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amount from $36,000 to $98,000, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000 and authorizing the City Manager or his designee to execute any documents.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
9. Consider approving a Second Amendment to Downtown Streets Inc. ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000 and extending the term of the Agreement from ending June 30, 2022, to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2) Staff Recommendation:
Resolution approving the Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000, extending the term of the Agreement from ending June 30, 2022, to September 30, 2022, and authorizing the City Manager or his designee to execute the Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
10. Consider approving an Agreement with Mr. Michael Baldwin Sr. Consultants, LLC to provide cultural relations and community building coaching for a one-year Agreement with two, one-year extension options, for an annual estimated cost of $98,500 and a total amount not to exceed $295,500 over three years. (Funding Source: General Fund, Edward Byrne Memorial Justice Assistance Grant (BJAG) Program and Supplemental Law Enforcement Services Funds (SLESF))
Staff Recommendation:
Resolution approving the Agreement with Mr. Michael Baldwin Sr. Consultants LLC to provide cultural relations and community building coaching for a oneyear Agreement with two, one-year extension options for an annual cost not to exceed $98,500 and a total amount not to exceed $295,500 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
Consent
11. Consider approving an Agreement with Spatialitics LLC, to provide access to GeoEnabled Software (GeoShield) products and services for a three-year term with two, one-year extension options at an estimated annual cost of $73,500, for an estimated total not to exceed $357,000 over five years. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the Agreement with Spatialitics LLC to provide access to Geo-Enabled Software (GeoShield) for a three-year Agreement with two, oneyear extension options for annual cost not to exceed $73,500, and a total amount not to exceed $357,000 over five years, and to authorizing the City Manager, or his designee, to execute the Agreement.
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POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
Consent
12. Consider approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and a total amount not to exceed $1,024,091 over five years, with any new site additions, removals, or substantive service changes to be authorized by the Director of Finance or her designee. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and not to exceed amount of $1,024,091 over five years, and authorizing the Director of Finance, or her designee, to add new site additions, removals, or substantive service changes without exceeding the estimated annual cost of $1,024,091, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
13. Consider authorizing staff to apply for the CalRecycle SB1383 Local Assistance Grant Programs as available; and authorizing staff to apply for any future CalRecycle SB1383 Grants. (Funding Source: CalRecycle)
Staff Recommendation:
Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Local Assistance Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Vicki Rice, 209-577-5495, [email protected] Consent
14. Consider approving a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin, in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and amending the FY 2021/22 Multi-Year Program Budget in the amount of $70,000. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving a Second Amendment to the Agreement with David - 7 -
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Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater, for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and authorizing the City Manager, or his designee, to execute the Amendment. Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $70,000 to be transferred into the Project from Water Fund Reserves in order to fully fund the GSP Modesto Sub-Basin Project and authorizing the City Manager, or his designee to implement the provisions of this resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] Consent
15. Consider accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., of Richmond, CA. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., Richmond, CA.
UTILITIES; Jesse Franco, 209-571-5175, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
16. Consider approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million. (Funding Source:
General Fund)
Staff Recommendation:
Resolution approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant application.
POLICE DEPARTMENT; Robert Reyna, 209-572-9500, [email protected] - 8 -
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MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, FEBRUARY 1, 2022, at 4:45 P.M.
and after the regularly scheduled meeting via Zoom.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. Covanta Stanislaus, Inc.
Stanislaus County Superior Court
Case No. CV-20-004932
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, January 25, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (arrived 5:41 p.m.), Ricci, Wright, Zoslocki, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Jon Apodaca, Good Life
City Clerk’s Announcements:
Public Comments were received at ccmeetings for Item 16, and were forwarded to all Councilmembers. Items 9, 10, 13 and 14 were pulled from Consent by a member of the public.
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation by Stanislaus Council of Governments regarding 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). (Funding Source:
Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] #3..
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ACTION: Isael Ojeda Senior Planner at StanCOG gave presentation regarding the 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS).
PUBLIC COMMENT PERIOD
Emerson Drake spoke regarding transparency and accountability regarding a public records request done by Kevin Valine regarding an accident in 2015. He also spoke regarding the Mayor serving on the School Board when a settlement was made, and serving as a Councilmember on the same settlement. He also requested to pull items 9, 10, 13, & 14 from Consent.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2-8, 11-12: (Escutia-Braaton/Kenoyer; 7/0) Items 9, 10, 13, and 14 were removed from Consent
CONSENT ITEMS
Consent
2. Consider approving the minutes from the January 11, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the January 11, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Motion approving the minutes from the January 11, 2022 Council Meeting.
Consent
3. Consider authorizing staff to submit a California Department of Transportation Clean California Local Grant Program application intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a Multi-Family Bulky Item Pick-Up Program. (Funding Source: Not Applicable) Resolution authorizing staff to submit a California Department of Transportation Clean California Local Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multi-family bulky item pick-up program and authorizing the City Manager, or his designee, to execute such documents as necessary to carry out the purpose of this Resolution.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-035 authorizing staff to submit a California Department of Transportation Clean California Local Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multifamily bulky item pick-up program and authorizing the City Manager, or his designee, to #3..
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execute such documents as necessary to carry out the purpose of this Resolution.
Consent
4. Consider authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter. (Funding Source: Not Applicable)
Motion authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Motion authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter.
Consent
5. Consider approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property. (Funding Source: Not Applicable) Resolution approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property and authorizing the City Manager or his designee, to execute the Agreement.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-036 approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property and authorizing the City Manager or his designee, to execute the Agreement.
Consent
6. Consider accepting an informational report on the September and October 2021 grant applications and awards. (Funding Source: Not Applicable) Motion accepting an informational report for the September and October 2021 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Motion accepting an informational report for the September and October 2021 grant applications and awards.
Consent
7. Consider approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534 and a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to #3..
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$445,295 for the first two years and new total amount not to exceed $925,295,for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric Agreement as business needs change. (Funding Source: General Fund) Resolution approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534; and authorizing the Purchasing Manager, or her designee, to execute the purchase order.
Resolution approving a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change; and authorizing the Director of Finance, or her designee, to execute the amendment.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-037 approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534; and authorizing the Purchasing Manager, or her designee, to execute the purchase order.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-038 approving a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change; and authorizing the Director of Finance, or her designee, to execute the amendment.
Consent
8. Consider approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for Two Loader Claws for a total amount not to exceed $242,870; and approving the award of bid for Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA for a total amount not to exceed $425,159. (Funding Source: Fleet Replacement Fund) Resolution approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two Loader Claws for a total amount not to exceed $242,870; and authorizing the Purchasing Manager, or her designee, to #3..
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issue the purchase order.
Resolution approving the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159 and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-039 approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-040 approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two Loader Claws for a total amount not to exceed $242,870; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-041 approving the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159 and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Removed from Consent
9. Consider approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a fiveyear, five-month term, with one two-year extension option, amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget, and amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses. (Funding Source: General Fund)
Resolution approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.
Resolution amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-042 approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement. #3..
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ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-043 amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-044 amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution.
Removed from Consent
10. Consider approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a fiveyear term, with one two-year extension option. (Funding Source: General Fund) Resolution approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Kenoyer; 7/0) Resolution 2022-045 approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
11. Consider approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total not to exceed amount of $157,300. (Funding Source:
Wastewater Fund)
Resolution approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total amount not to exceed $157,300 and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-046 approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total amount not to exceed $157,300 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed for a total not to exceed amount of $77,330 and amending the Fiscal #3..
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Year 2021/22 Multi-Year Program Budget. (Funding Source: Water Fund) Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed, for a total amount not to exceed $77,330 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $87,875 to be transferred into the project from Water Reserves to fund the development of a Well Equipping Design Template and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-047 approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed, for a total amount not to exceed $77,330 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-048 amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $87,875 to be transferred into the project from Water Reserves to fund the development of a Well Equipping Design Template and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
Removed from Consent
13. Consider approving an On-Call Construction Services Agreement with Ewing Construction Services, of Davis, CA, for a term of one-year with two one-year extensions options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects) Resolution approving an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Wright/Kenoyer; 7/0) Resolution 2022-049 approving an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
Removed from Consent
14. Consider approving an On-Call Real Property Consulting Services Agreement with #3..
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Associated Right of Way Services, of Pleasant Hill, CA, for a term of one-year with two one-year extension options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects)
Resolution approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Wright/Kenoyer; 7/0) Resolution 2022-050 approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci spoke regarding things we can do as a community and expressed his desire for an outdoor roller rink.
Mayor Zwahlen spoke regarding Fire Services being extended and immediate response times to help the community.
CITY MANAGER COMMENTS & REPORTS
None
NEW BUSINESS
15. Consider approving the adoption of a Diversity, Equity, & Inclusion Program and supporting plans including the Equal Employment Opportunity Plan (EEOP), Language Access Plan, Americans with Disabilities (ADA) Plan and amending the Equal Opportunity/Disability Commission and Article II Duties to the Equity Commission. (Funding Source: Various Funds)
Resolution adopting a Diversity, Equity, and Inclusion Program. Resolution adopting the City of Modesto Equal Employment Opportunity Plan for Fiscal Years 2021-22 through 2026-27.
Resolution adopting the City of Modesto Language Access Plan. Resolution approving an amendment to the Equal Opportunity/Disability Commission to retitle to the Equity Commission and amending Article II Duties.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-051 adopting a Diversity, #3..
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Equity, and Inclusion Program.
ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-052 adopting the City of Modesto Equal Employment Opportunity Plan for Fiscal Years 2021-22 through 2026-27.
ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-053 adopting the City of Modesto Language Access Plan.
ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-054 approving an amendment to the Equal Opportunity/Disability Commission to retitle to the Equity Commission and amending Article II Duties.
Councilmember Kenoyer left meeting approximately 7:30 p.m.
16. Consider approving an eighteen month Park Ranger Pilot Program to allocate and hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708, amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget, and introducing an Ordinance amending Section 1-2.10 of the Modesto Municipal Code relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s. (Funding Source: American Rescue Plan Act) Resolution approving an eighteen month Park Ranger pilot program to hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708.
Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
Motion introducing and waiving the first reading of an Ordinance amending Section 1-2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Ricci/Zoslocki; 6/0; Kenoyer Absent) Resolution 2022-055 approving an eighteen month Park Ranger pilot program to hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708.
ACTION: (Ricci/Zoslocki; 6/0; Kenoyer Absent) Resolution 2022-056 amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
ACTION: (Ricci/Wright; 6/0; Kenoyer Absent) Motion introducing and waiving the first reading of an Ordinance amending Section 1-2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by #3..
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designated employees, to include Park Rangers and Police Cadet II’s.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:35 P.M.
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, JANUARY 25, 2022, at 4:15 P.M.
and after the regularly scheduled meeting via Zoom.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
Peltier v. City of Modesto
Superior Court of California, County of Stanislaus
Stanislaus County Case No. 2022652
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
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Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Dana Sanchez, Interim City Clerk
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- 1 - ORDINANCE NO. 3741-C.S.
EFFECTIVE DATE: March 3, 2022
ORDINANCE NO. 3741-C.S.
ORDINANCE AMENDING SECTION 1-2.10 OF TITLE 1, “GENERAL
PROVISIONS,” CHAPTER 2, “PENALTY PROVISIONS,” OF THE MODESTO
MUNICIPAL CODE, RELATING TO ISSUANCE OF CITATIONS BY
DESIGNATED EMPLOYEES, TO INCLUDE PARK RANGERS AND POLICE CADET II’S
WHEREAS, the City of Modesto operates and maintains 76 parks within the city park system for the community to enjoy and recreate in; and WHEREAS, for many years, community complaints, departmental reports, and police calls for service have identified consistent issues in city parks, open spaces, and trails within the city to include the following: vandalism, illegal camping and trespassing, drug use, dogs off leashes and failure to clean up after dogs, damage to natural habitat and delayed enforcement response times; and WHEREAS, the City of Modesto strives to be an inviting and safe community with thriving neighborhoods. Ensuring city parks, open spaces, and trails are safe and attractive place for our citizens to enjoy helps achieve this vision; and
WHEREAS, to help achieve a sustained presence in our city parks, trails, and open spaces, the Modesto Police Department recommends implementing an eighteen (18) month Park Ranger pilot program; and
WHEREAS, the program would utilize four (4) full time cadets who would be assigned as Park Rangers for the duration of the pilot program; and WHEREAS, the enforcement authority of the Park Rangers would be limited to the issuance of citations for violations of state law or any violation of the City of Modesto Municipal Code.
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- 2 - ORDINANCE NO. 3741-C.S.
EFFECTIVE DATE: March 3, 2022
WHEREAS, to provide this authority, the Modesto Police Department requests amending MMC 1-2.10- Issuance of Citations by Designated Employees, to allow the positions of police cadet II and park ranger to issue citations.
NOW THEREFORE, the City Council of the City of Modesto does ordain as follows:
SECTION 1. AMENDMENTS:
Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” Section 1-2.10 of the City’s Municipal Code is hereby amended to read as follows:
1-2.10 - Issuance of Citations by Designated Employees.
Pursuant to the provisions of Penal Code Section 836.5, the code enforcement staff of the Neighborhood Preservation Unit of the Community Development Department and the Animal Licensing Officers, Park Rangers, and Police Cadet II’s of the Modesto Police Department are authorized to arrest a person without a warrant whenever such employee has reasonable cause to believe that the person to be arrested had committed, in the employee's presence, a misdemeanor or infraction violation of an ordinance which he or she has the discretionary duty to enforce; and to issue a notice to appear; and release such person on his or her written promise to appear in court, pursuant to California Penal Code Sections 853.5 through 853.6a. Employees so designated shall not be deemed to be peace officers.
SECTION 3. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.
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- 3 - ORDINANCE NO. 3741-C.S.
EFFECTIVE DATE: March 3, 2022
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines.
Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 5. EFFECTIVE DATE
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 6. PUBLICATION
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this Ordinance is posted.
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- 4 - ORDINANCE NO. 3741-C.S.
EFFECTIVE DATE: March 3, 2022
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January, 2022, by Councilmember Ricci, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Wright, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers: Escutia-Braaton, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: Kenoyer
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:
By: _________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
By: _________________________________
JOSE M. SANCHEZ, City Attorney
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- 5 - ORDINANCE NO. 3741-C.S.
EFFECTIVE DATE: March 3, 2022
FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 1st day of February, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED: ________________________
SUE ZWAHLEN, MAYOR
ATTEST: ________________________________
DANA SANCHEZ, Interim City Clerk
Effective Date: March 3, 2022
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CITY OF MODESTO
ORDINANCE NO. 3741-C.S.
The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of January 25, 2022:
ORDINANCE 3741-C.S. AMENDING SECTION 1-2.10 OF TITLE 1, “GENERAL PROVISIONS,” CHAPTER 2, “PENALTY PROVISIONS,” OF THE MODESTO
MUNICIPAL CODE, RELATING TO ISSUANCE OF CITATIONS BY DESIGNATED EMPLOYEES, TO INCLUDE PARK RANGERS AND POLICE CADET II’S Copies of the above-mentioned ordinance are posted at the following locations:
Tenth Street Place, 1010 10th Street
Maddux Youth Center, 615 Sierra Drive
Senior Citizen Center, 211 Bodem Street
Dana Sanchez
Interim City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Community and Economic Development Director SUBJECT: Amend Section 23 of the Housing and Urban Development Policies and Procedures Manual (Section 3 Compliance)
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:
Consider amending Section 23 of the Housing and Urban Development Policies and Procedures Manual (Section 3 Compliance). (Funding Source: N/A) STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C: Develop a Homelessness and Housing Plan.
BACKGROUND:
The City has been a participating jurisdiction in the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD) since the program was established by Congress in 1974. HUD distributes federal CDBG funds to states, counties and urban cities to provide decent, safe, and sanitary housing; to provide suitable living environments, and to expand economic opportunities for low and moderate-income persons.
As an entitlement community, the City receives approximately $1.8 million in CDBG funds annually to support a range of eligible activities, from public services to public infrastructure improvements that benefit low- and moderate-income individuals, families and neighborhoods.
Federal regulations governing the CDBG program are in Title 24 of the Code of Federal Regulations Part 570 (24 CFR 570).
In October 2016, the Council, by Resolution No. 2016-425, adopted a HUD Policies and Procedures Manual (HUD Manual). This document consolidated all HUD-related Policies and Procedures into one document.
DISCUSSION:
On January 13, 2022 Citizens’ Housing and Community Development Committee (CH&CDC) approved amending Section 23 of the HUD Manual (Section 3 Compliance). #5..
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City Council, February 1, 2022
Amend Section 23 of the Housing and Urban Development
Policies and Procedures Manual (Section 3 Compliance)
Section 3 is a provision of the HUD Act of 1968 that is intended to foster local economic development, neighborhood economic improvement, and individual self-sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods.
On August 24, 2021 HUD issued Notice CPD-21-09, which updated the Section 3 requirements of the HUD Act of 1968, as amended by the HCD Act of 1992, final rule requirements for applicable funding sources.
The regulation, provided by the Section 3 Final Rule, became effective on November 30, 2020 and is codified at 24 CFR part 75. The regulation simplifies the Section 3 requirements and establishes that Section 3 requirements apply to housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a minimum funding threshold.
The Final Rule now includes Safe Harbor Benchmark Goals to assist in achieving compliance.
Previously there were no set goals and only Good Faith Efforts were required and compliance was achieved by certifying that efforts were made to meet the requirement.
In addition, a new category for Section 3 has been added in the Final Rule, which is a Targeted Section 3 Worker. A Targeted Section 3 Worker is differentiated from the Section 3 Worker by residing within a one-mile radius of the project site.
Under the Final Rule, total labor hours, Section 3 labor hours, and Targeted Section 3 labor hours must all be tracked in order to calculate Safe Harbor Benchmark Goals and the City will be required to report such hours in accomplishment reports to HUD. In the case Safe Harbor Benchmark Goals are not met acceptable outreach documentation must now be tracked to document efforts.
HUD Safe Harbor Benchmark Goals require 25% or more of total project labor hours be Section 3 Worker hours and 5% or more be Targeted Section 3 Worker hours. Federally funded projects receiving $200K or more in funding will be subject to HUD annual reporting of the following:
Total Labor Hours
Section 3 Labor Hours
Targeted Section 3 Labor Hours
In order to align with current program guidelines and replace older program policies, Section 23 (Section 3 Compliance) needs to be updated. The updated Section 3 Compliance Policies & Procedures are included as Attachment 2.
FISCAL IMPACTS:
The HUD Policies and Procedures Manual is only applicable to those loans and grants funded through Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) or Emergency Solutions Grant (ESG).
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City Council, February 1, 2022
Amend Section 23 of the Housing and Urban Development
Policies and Procedures Manual (Section 3 Compliance)
There is no General Fund impact.
CEQA/NEPA REQUIREMENTS:
The National Environmental Policy Act will be adhered to as required by the U.S. Department of Housing and Urban Development.
COMMITTEE RECOMMENDATION:
On January 13, 2022 Citizens’ Housing and Community Development Committee approved amending Section 23 of the Housing and Urban Development Policies and Procedures Manual (Section 3 Compliance), and forwarded to Council for approval.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Resolution approving amended Section 23 of the HUD Policies and Procedures Manual (Section 3 Compliance).
Approved By: _______________________________________________ Jaylen French, Community and Economic Development Director _______________________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Amend Section 23
2. Section 23 – Section 3 Compliance Policy and Procedures #5..
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02 01 2022/C&ED/Jhill 1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING AMENDED SECTION 23 OF THE HUD POLICIES AND PROCEDURES MANUAL (SECTION 3 COMPLIANCE)
WHEREAS, on January 13, 2022 Citizens’ Housing and Community Development Committee approved amending Section 23 of the Housing and Urban Development Policies & Procedures Manual (Section 3 Compliance), and WHEREAS, Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that is intended to foster local economic development, neighborhood economic improvement, and individual self-sufficiency, and WHEREAS, the Section 3 program requires that recipients of certain HUD financial assistance provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods, and
WHEREAS, on August 24, 2021 HUD issued CPD Notice CPD-21-09, which updated the Section 3 requirements of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992, final rule requirements for applicable funding sources, and
WHEREAS, the regulation, provided by the Section 3 Final Rule, became effective on November 30, 2020 and is codified at 24 CFR part 75, and WHERAS, the regulation simplifies the Section 3 requirements and establishes that Section 3 requirements apply to housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and #5..
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02 01 2022/C&ED/Jhill 2 2022-
community development financial assistance when the total amount of assistance to the project exceeds a minimum funding threshold, and
WHEREAS, the Final Rule now includes Safe Harbor Benchmark Goals to assist in achieving compliance. Previously there were no set goals and only Good Faith Efforts were required and compliance was achieved by certifying that efforts were made to meet the requirement, and
WHEREAS, in addition, a new category for Section 3 has been added in the Final Rule, which is a Targeted Section 3 Worker, and
WHEREAS, a Targeted Section 3 Worker is differentiated from the Section 3 Worker by residing within a one-mile radius of the project site, and WHEREAS, under the Final Rule, total labor hours, Section 3 labor hours, and Targeted Section 3 labor hours must all be tracked in order to calculate Safe Harbor Benchmark Goals and the City will be required to report such hours in accomplishment reports to HUD, and
WHEREAS, in the case Safe Harbor Benchmark Goals are not met acceptable outreach documentation must now be tracked to document efforts, and WHEREAS, HUD Safe Harbor Benchmark Goals require 25% or more of total project labor hours be Section 3 Worker hours and 5% or more be Targeted Section 3 Worker hours, and
WHEREAS, federally funded projects receiving $200K or more in funding will be subject to HUD annual reporting of the following: Total Labor Hours, Section 3 Labor Hours, and Targeted Section 3 Labor Hours, and
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02 01 2022/C&ED/Jhill 3 2022-
WHEREAS, in order to align with current program guidelines and replace older program policies, Section 23 (Section 3 Compliance) needs to be updated, and WHEREAS, the updated Section 3 Compliance Policies & Procedures are included as Attachment 2, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amended Section 23 of the HUD Policies and Procedures Manual (Section 3 Compliance) on file with the City Clerk.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Section 3 Compliance Plan
Policies & Procedures
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TABLE OF CONTENTS
Overview of Section 3 Requirements..........................................................................3 A. What is Section 3.............................................................................................3 B. Purpose of this Document ...............................................................................3 C. Applicability .....................................................................................................3 Employment, Training, and Contracting Goals............................................................4 A. Safe Harbor Compliance.................................................................................4-5 B. Safe Harbor Benchmarks................................................................................5 C. Certification of Prioritization of effort for Employment, Training ......................5 Section 3 Eligibility and Certification...........................................................................6 A. Section 3 Worker and Targeted Section 3 Certification…...............................6 B. Section 3 Business Concern Certification.......................................................7 Assisting Contractors with Achieving Section 3 Goals ...............................................8 Section 3 Outreach ....................................................................................................9 A. Outreach Efforts for Employment and Training ..............................................9-10 B. Outreach Efforts for Contracting .....................................................................10 Section 3 Contracting Policy and Procedure..............................................................11 Section 3 Provisions/Contract Language...................................................................11 .
Reporting Requirements.............................................................................................12 A. Monthly Reporting...........................................................................................12 B. Annual Reporting.............................................................................................12 C. Reporting on Projects with Multiple Funding Sources.....................................12 Internal Section 3 Complaint Procedure......................................................................13 Appendices .................................................................................................................14-21 #5..
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Overview of Section 3 Requirements
A. What is Section 3?
Section 3 is a provision of the Housing and Urban Development Act of 1968 (12.u.s.c. 1701u) that is regulated by the provisions of 24CFR 75. Section 3 regulations ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulation, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low-and very low-income persons.
B. Purpose of this Document
This plan outlines how the City of Modesto and its subrecipients, contractors and subcontractors will comply with HUD’s Section 3 requirements. The City of Modesto will, to the greatest extent feasible, ensure that employment and other economic opportunities are directed to low-and very low-income persons (Section 3 workers and Targeted Section 3 workers) and to eligible businesses (Section 3 Businesses) and requires the same of its contractors.
The City of Modesto may amend its Section 3 Policies and Procedures document as necessary to ensure continued compliance with HUD’s requirements and/or to reflect updated Section 3 guidance and outreach strategies.
C. Applicability
For housing and community development financial assistance, this plan applies to housing rehabilitation, housing construction, and other public construction projects that exceed $200,000 or more of housing and community development financial assistance from one or more HUD programs. Applicability is determined at the project level.
For projects funded with Lead and Hazard Control and Healthy Homes Programs, this plan applies to projects that exceed $100,000.
This Plan also applies to projects that include multiple funding sources. Multiple funding source projects include projects that include public housing financial assistance, housing and community development financial assistance for single or multiple recipients, and the Lead Hazard Control and Healthy Homes Program.
Section 3 requirements do not apply to: 1) Material Supply Contracts - § 75.3(b), 2) Indian and Tribal Preference - §75.3(c), and 3) Other HUD assistance and other Federal assistance not subject to Section 3 §75.3 (d). However, for financial assistance that is not subject to Section 3, recipients are encouraged to consider ways to support the purpose of Section 3.
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Employment, Training, and Contracting Goals
A. Safe Harbor Compliance
The City of Modesto will be considered to have complied with the Section 3 requirements and met safe harbor, if they certify that they followed the required prioritization of effort and met or exceeded the Section 3 benchmarks, absent evidence of the contrary.
Prior to the beginning of work, contractors and subcontractors will be required to certify that they will follow the required prioritization of effort for Section 3 workers, Targeted section 3 Workers, and Section 3 business concerns as outlined in section C. After completion of the project, on the Section 3 Cumulative Report, contractors and subcontractors will be required to certify that they followed the prioritization of effort requirements.
B. Safe Harbor
The City of Modesto has established employment and training goals that subrecipients, contractors, and subcontractors should meet in order to comply with Section 3 requirements outlined in [24 CRF Part 75.19]. The safe harbor benchmark goals are as follows:
1) Twenty-Five (25) percent more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers;
Section 3 Labor Hours/Total Labor Hours = 25%
And
2) Five (5) percent more of the total number of labor hours worked by all workers on Section 3 project are Targeted Section 3 workers, as defined at 24 CRF Part
75.21 Targeted Section 3 Labor Hours/Total Labor Hours = 5% HUD establishes and updates Section 3 benchmarks for Section 3 workers and/or Targeted Section 3 workers through a document published in the Federal Register, not less frequently than once every three years. Given that the Section 3 benchmarks are subject to change every three years or sooner, The City of Modesto will review and update the Section 3 plan every 3 years, as needed.
It is the responsibility of the contractors to implement efforts to achieve Section 3 compliance. Any contractor that does not meet the Section 3 benchmark must demonstrate why meeting the benchmarks were not feasible. All contractors submitting #5..
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bids or proposals to the City of Modesto are required to certify that they will comply with the requirements of Section 3.
C. Certification of Prioritization of Effort for Employment, Training, and Contracting
Employment and Training
Under the City of Modesto’s Section 3 Program, contractors and subcontractors should make best efforts to provide employment and training opportunities to Section 3 workers in the priority order listed below:
Provide employment and training opportunities to Section 3 workers within the metropolitan area in which the project is located in the priority order listed below:
1) Section 3 workers residing within the service area or neighborhood of the project, and
2) Participants in YouthBuild programs.
Contractors and subcontractors will be required to certify that they will and have made best efforts to follow the prioritization of effort requirements prior to the beginning work and after work is completed.
Contracting
Under the City of Modesto’s Section 3 Program, contractors and subcontractors must make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order or priority:
1) Business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area in which assistance is located in the following order or priority (where feasible):
a) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project; and
b) YouthBuild programs.
Contractors and subcontractors will be required to certify that they will and have made best efforts to follow the prioritization of effort requirements prior to the beginning of work and after work is completed.
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Section 3 Eligibility and Certifications
Individuals and businesses that meet Section 3 criteria may seek Section 3 preference from the City of Modesto or its contractors/subcontractors for training, employment, or contracting opportunities generated by housing and community development financial assistance. To qualify as a Section 3 worker, Targeted Section 3 Worker or a Section 3 business concern, each must self-certify that they meet the applicable criteria.
Businesses who misrepresent themselves as Section 3 business concerns and report false information to the City of Modesto may have their contracts terminated as default and be barred from ongoing and future considerations for contracting opportunities.
A. Section 3 Worker and Targeted Section 3 Worker Certification A Section 3 worker seeking certification shall submit self-certification documents to the recipient contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 worker as defined in 24 CRF Part 75. For the purposes of Section 3 worker eligibility, the City of Modesto will use individual income rather than family/household income to determine eligibility. The income limits will be determined annually using the guidelines published at https:///www.huduser.org/portal/il.html.
Persons seeking the Section 3 worker preference, Section shall demonstrate that it meets one or more of the following criteria currently or when hired within the past five years, as documented:
1) A low or very low-income resident (the worker’s income for the previous or annualized calendar year is below the income limit established by HUD); or 2) Employed by a Section 3 business concern; or
3) A YouthBuild participant
Persons seeking the Targeted Section 3 worker preference shall demonstrate that it meets one or more of the following criteria:
1) Employed by a Section 3 business concern or
2) Currently meets or when hired met at least one of the following categories as documented within the past five years:
a) Living within the service area or the neighborhood of the project, as defined in 24 CFR Part 75.5; or
b) A Youthbuild participant.
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Section 3 workers and Targeted Section 3 workers who are seeking preferences in training and employment must submit the Section 3 Worker and Targeted Section 3 Worker Certification Form and Employee Affirmation Appendix C. The certification procedure will consist of the following:
Projects Involving Multiple Sources of Funding
In cases where Section 3 covered projects include multiple sources of funds, including public housing financial assistance and housing community development assistance, Public Housing Authority (PHA) must follow the definition of Targeted Section 3 worker and priorities as outlined in subpart B of Part 75. For housing and community development financial assistance, the City of Modesto may follow either subpart B of Part 75 to maintain consistency in reporting.
In cases where Section 3 covered projects include multiple housing and development funding sources (financial assistance) from single or multiple recipients, the City of Modesto will follow subpart C of Part 75.
B. Section 3 Business Concern Certification
The City of Modesto, encourages contractors and subcontractors to make best efforts to award contracts and subcontracts to Section 3 business concerns.
Businesses that believe they meet the Section 3 Business requirements can may selfregister in the HUD Business registry, at http://www.hud.gov/Sec3Biz. Businesses may seek Section 3 Business Concern preference by demonstrating that it meets one or more of the following criteria:
1) At least 51 percent of the business is owned and controlled by low- or very low-income persons; or
2) At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing; or
3) Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers.
Businesses that seek Section 3 preferences shall certify, or demonstrate to the City of Modesto, contractors or subcontractors, that they meet the definitions provided in the above. Businesses may demonstrate eligibility by submitting the Section 3 Certification for Business Concerns Seeking Section 3 Preference in Contracting and Demonstration of Capability and Business Concern Affirmation, attached as APPENDIX D.
Section 3 Business Concern Certification Forms must be submitted at the time of bid/proposal. If the City of Modesto previously approved the business concern to be #5..
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Section 3 certified, then the certification can be submitted along as the bid, as long as the form is submitted within the prescribed expiration date. The Section 3 Business Concern Certification Form will expire after 6 months. Establishing a 6 month certification eligibility period allows the City of Modesto the ability to assess contractor performance to ensure the business is striving to meet the required goals.
Assisting Contractors with Achieving Section 3 Goals
In an effort to assist contractors with meeting or exceeding the Section 3 goals, the City of Modesto will do the following:
1) Share Section 3 Plan with contractors and subcontractors and explain policies and procedures
2) Require contractor to sign the Section 3 Plan at pre-construction conference 3) Review Section 3 benchmarks and prioritization of effort with contractors and subcontractors to ensure that the goals are understood. It is not intended for contractors and subcontractors to terminate existing employees, but to make every effort feasible to meet Section 3 benchmark goals by utilizing existing qualified workforce and by considering qualified eligible Section 3 workers and Targeted Section 3 workers (per the prioritization of effort outlined in Employment, Training, and Contracting Goals) before any other person, when hiring additional employees is needed to complete proposed work to be performed. 4) At the time of bid, require the contractor to present list, of the number of total labor hours, Section 3 worker labor hours, and Targeted Section 3 worker labor hours expected to be generated from the initial contract and a list of projected number of available positions, to include job descriptions and wage rates. 5) Maintain a local Section 3 worker/Targeted Section 3 worker database and provide the contractor with a list of interested and qualified Section 3 workers and Targeted Section 3 workers and contact information.
6) Inform contractors about the HUD Section 3 Opportunity Portal https://hudapps.hud.gov/OpportunityPortal/
7) Require contractors to notify City of Modesto staff of their interest regarding employment of Section 3 workers prior to hiring.
8) Encourage local business to register on the HUD Business Registry and direct contractors to the HUD Section 3 Business Registry
https://www.hud.gov.section3businessregistry
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9) Leverage the City of Modesto’s communication outlets (social media, website, etc.) to effectively communicate employment and contracting opportunities that arise.
10)Require contractors to submit a list of core employees (including administrative, clerical, planning and other positions pertinent to the construction trades) at the time of the contract award.
Section 3 Outreach
A. Outreach Efforts for Employment and Training
In order to educate and inform workers and contractors, the City of Modesto’s Staff will be prepared to provide training and technical assistance on a regular basis per program guidelines. When training opportunities are available, contractors and subcontractors should, to the greatest extent feasible:
1) Notify City of Modesto staff when training opportunities are available 2) Provide information/handouts about Section 3 training opportunities to potential Section 3 workers and Targeted Section 3 workers
3) Conduct an annual training for Section 3 workers and Section 3 businesses Contractors and subcontractors should employ several active strategies to notify Section 3 workers and Targeted Section 3 workers of Section 3 job opportunities, including:
1) Clearly indicating Section 3 eligibility on all job postings with the following statement “This job is a Section 3 eligible job opportunity. We encourage applications from individuals that are low income and/or live in Public Housing and/or receive a Section 8 voucher”;
2) Including the Section 3 Worker and Targeted Section 3 Worker Self-Certification Form in all job postings
3) Working with City of Modesto staff to connect Section 3 workers and Targeted Section 3 workers in the City of Modesto’s database with opportunities and/or utilize the Section 3 Opportunity Portal to find qualified candidates 4) Establishing a current list of Section 3 eligible applicants 5) Contracting local community organizations and provide them with job posting for Section 3 eligible applicants; and
6) Coordinating a programmatic ad campaign, which results in widespread job posting across diverse ad networks including:
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a) Advertising job opportunities via social media, including Linkedin and Facebook;
b) Advertising job opportunities via flyer distributions and mass mailing and posting ad in common areas of housing developments and all public housing management offices
c) Contacting resident councils, resident management corporations, and neighborhood community organizations to request their assistance in notifying residents of available training and employment opportunities.
B. Outreach Efforts for Contracting
When contracting opportunities arise in connection with a HUD program, the City of Modesto will employ in whole or in part the following strategies to notify Section 3 Business Concerns of Section 3 contracting opportunities, including but not limited to:
1) Adding Section 3 language to all RFP’s, procurement documents, bid offerings and contracts.
2) Coordinating mandatory pre-bid meetings to inform Section 3 Business Concerns of upcoming contracting opportunities. City of Modesto staff will participate in these meetings to explain and answer questions related to Section 3 policy.
3) Advertising contracting opportunities in local community papers and notices that provide general information about the work to be contracted and where to obtain additional information
4) Providing written notice of contracting opportunities to all known Section 3 Business Concern. The written notice will be provided in sufficient time to enable business concerns the opportunity to respond to bid invitations. 5) Coordinating with the prime contractor to publicize contracting opportunities for small businesses.
6) Coordinating with the City of Modesto’s Business/Economic Development Department and all other business assistance agencies and contractor associations to inform them of contracting opportunities and request their assistance in identifying Section 3 business concerns. Could include local community development organizations, business development agencies (Chamber of Commerce), and minority contracting associations. 7) Connecting Section 3 business concerns with resources to support business development to assist in obtaining contracting opportunities (e.g., bonding #5..
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and insurance assistance, etc.). Contractors will also be encouraged to collaborate with the City of Modesto as subcontract opportunities arise in an effort to notify eligible Section 3 business concerns about the contracting opportunities.
Section 3 Contracting Policy and Procedure
The City of Modesto will incorporate Section 3 in its existing Procurement Policy and adopt a Section 3 Contracting Policy and Procedure to be included in all procurements generated for use with HUD funding. This policy and procedure contain requirements for making efforts to award contracts to Section 3 Business Concerns.
All contractors/businesses seeking Section 3 preference must, before submitting bids/proposals to the City of Modesto be required to complete certifications, as appropriate. Such certifications shall be adequately supported with appropriate documentation as referenced in the Section 3 Business Concern Certification Form.
Section 3 Provision/Contract Language
The City of Modesto will include standard Section 3 language in all of its contracts to ensure compliance with regulations in 24 CFR Part 75. The City of Modesto will take appropriate actions upon finding that a contractor is in violation of 24 CFR and does not knowingly contract with any contractor that has been found in violation of the Section 3 regulations. On a periodic basis the City of Modesto will audit contractors for compliance with the minimum Section 3 requirements outlined in the Section 3 Plan.
In addition, Contractors and subrecipients are required to include language in all Section 3 covered contracts or agreement for subcontractors to meet the requirements of 24 CFR Part 75.19.
For businesses, noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
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Reporting Requirements
For Section 3 covered contracts, contractors must submit the Section 3 Performance and Summary to City of Modesto staff on a monthly basis, and annual reporting requirement set forth in that form’s instructions.
A. Monthly Reporting
1) Contractors are required to submit monthly activity reports to designated City of Modesto staff periodically throughout the project and with each invoice request.
B. Annual Reporting
1) Once a project is completed, contractors must submit a final Section 3 cumulative report for the project entirety.
2) Upon the completion of a project, The City of Modesto designated staff will conduct a final review of the project’s overall performance and compliance. 3) The designated City of Modesto staff will submit Section 3 data into IDIS to HUD at annual reporting period (July 1)
C. Reporting on Projects with Multiple Funding Sources
1) For Section 3 projects that include public housing financial assistance and housing and community development financial assistance, The City of Modesto and the Housing Authority will report on the projects as a whole and will identify the multiple associated recipients.
2) For projects assisted with funding from multiple sources of housing and community development assistance that exceeds the threshold of $200,000 and $100,000 for Lead Hazard Control and Healthy Homes Programs (LHCHH), the City of Modesto will follow subpart C of part 75 and will report to the applicable HUD program office, as prescribed by HUD. Note: LHCHH assistance is not included in calculating whether the assistance exceeds the $200,000 threshold. HUD public housing financial assistance and HUD housing and community development financial assistance is not included in calculating whether the assistance exceeds the LHCHH $100,000 threshold.
Refer to Chart in Appendix B.
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Internal Section 3 Compliant Procedure
In an effort to resolve complaints generated due to non-compliance through an internal process, The City of Modesto encourages submittal of such complaints to City of Modesto Staff as follows:
1) Complaints of non-compliance should be filed in writing and must contain the name of the complainant and brief description of the alleged violation of 24 CFR Part 75.
2) Complaints must be filed within 180 calendar days after the complainant becomes aware of the alleged violation.
3) An investigation will be conducted if complaint is found to be valid. The City of Modesto will conduct an informal, but thorough investigation affording all interested parties, if any an opportunity to submit testimony and/or evidence pertinent to the complaint.
4) The City of Modesto will provide written documentation detailing the findings of the investigation. The City of Modesto will review the findings for accuracy and completeness before it is released to complainants. The findings will be made available no later than 60 days after the filing of complaint. If complainants wish to have their concerns considered outside of the City of Modesto a complaint may be filed with:
The Hud program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office. These offices can be found through the HUD website, www.hud.gov/.
Complainants may be eligible to bring complaints under other federal laws. The U.S Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (medical history or predisposition to disease).
For more information about complainants’ rights, please contact EEOC at:
www.EEOC.gov.
The department of labor Office of Federal Contract Compliance Programs (OFCCP) enforces, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government. More information about the services they provide can be obtained at: http://www.dol.gov/ofccp/.
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Appendices
Appendix A: Definitions
The term HUD, Public Housing Agency (PHA) are defined in 24 CFR part 5.
The following definitions also apply to 24 CRF Part 75 HUD’s Economic Opportunities for Low- and Very Low-Income Persons:
1937 Act means the United States Housing Act of 1937, 42 U.S.C 1437 et seq. activities related to Public Housing
Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or (2) A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act, at or below 80% AMI. Note that Section 3 worker eligibility uses individual income rather than family/ household income.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services mean non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial consulting, accounting services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance as defined in 24 CRF Part 75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.1701u)
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Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons;
(ii) Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or (iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8- assisted housing.
(2) The statue of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees. (3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.
Section 3 project means a project defined in 24CFR Part 75.3(a)(2) Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker’s income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern. (iii) The worker is a YouthBuild participant.
(2) The status of a Section 3 worker shall not be negatively affected prior arrest or conviction.
(3) Nothing in this part shall be construed to require the employment of someone who meets definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census. #5..
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Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor’s obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93
Targeted Section 3 worker has meanings provided in 24 CFR Part 75.11, 75.21, or
75.29, and does not exclude an individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act (at or below 50% AMI).
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226). #5..
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Appendix B: Multiple Funding Sources- Chart
Type of
Financial
Assistance
Definitions
*Targeted
Section 3
Worker
Thresholds Prioritization Reporting
Public
Housing and
Housing
Community
Development
PHA- must
follow subpart
B of Part 75
HCD- may
follow subpart
B or C of Part
75 None
*Any amount of
PH assistance
triggers Section
3 PHA- must
follow subpart
B of Part 75
HCD- may
follow subpart
B or C of Part
75 PHA- must
follow subpart
B of Part 75
HCD- may
follow subpart
B or C of Part
75 Both- Must
report on
project as a
whole and
identify the
multiple
associated
recipients
Multiple
Sources of
Housing and
Community
Development
(single or
multiple
recipients)
Must follow
subpart C of
Part 75
Exceed
$200,000 for
Section 3
projects
*LHCHHP
exceeds
$100,000
Must follow
subpart C of
Part 75
Must follow
subpart C of
Part 75
Must report on
project as a
whole and
identify the
multiple
associated
recipients
Must report to
the applicable
HUD program
office, as
prescribed by
HUD
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Appendix C: Section 3 Worker and Targeted Section 3
Worker Certification Form and Employee Affirmation
Section 3 Worker and Targeted Section 3 Worker
Self-Certification
The purpose of HUD’s Section 3 program is to provide employment, training, and contracting opportunities to low-income individuals, particularly those who are recipients of government assistance for housing or other public assistance programs. Your response is voluntary, confidential, and has no effect on your employment.
Eligibility for Section 3 Worker or Targeted section 3 Worker Status A Section 3 worker seeking certification shall self-certify and submit this form to the recipient contractor or subcontractor, that the person is a Section 3 worker or Target Section 3 Worker as defined in 24 CFR Part 75.
Instructions: Enter/select the appropriate information to confirm your Section 3 worker or Targeted Section 3 Worker status.
Employee Name:
1. Are you a resident of public housing or a Housing Choice Voucher Holder (Section 8)? YES NO
2. Are you a resident of the city of Modesto?
YES NO
3. In the field below, select the amount of individual income you believe you earn on an annual basis
Less than $10,000 $30,001 - $40,000 More than $60,000 $10,001 - $20,000 $40,001 - $50,000
$20,001 - $30,000 $50,001 - $60,000
Select from ONE of the following two options below:
I qualify as a:
Section 3 Worker (as defined on page 6)
Targeted Section 3 Worker (as defined on pages 6)
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Employee Affirmation
I affirm that the above statements (on frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge.
Employee Address:
Print Name: Date Hired:
Signature: Date:
EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS.
If Yes, what is the name of the company?
What was the date of hire?
Was this an applicant who was hired as a result of the Section 3 project? YES NO
FOR ADMINISTRATIVE USE ONLY
Is the employee a Section 3 worker based upon their self-certification? YES NO Is the employee a Targeted Section 3 worker based upon their self-certification? YES NO #5..
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Appendix D: Certification for Business Concerns Seeking Section 3 Preference in Contracting and Demonstration of Capability and Business Concern Affirmation
CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3
PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY Instructions: Enter the following information and select the criteria that applies to certify your business’ Section 3 Business Concern status
Business Information
Name of Business
Address of Business
Name of Business Owner
Phone Number of Business Owner
Email Address of Business Owner
Preferred Contact Information
Same as above
Name of Preferred Contact
Phone Number of Preferred Contact
Type of Business (select from the following options):
Corporation Partnership Sole Proprietorship Joint Venture Select from One of the following three options below that applies:
At least 51 percent of the business is owned and controlled by low- or very low-income persons.
At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8- assisted housing. Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers (Refer to definition on page 7). #5..
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Business Concern Affirmation
I affirm that the above statements (on the frontside of this form) are true, complete, and correct to the best of my knowledge and belief. I understand that businesses who misrepresent themselves as Section 3 business concerns and report false information to the City of Modesto may have their contracts terminated as default and be barred from ongoing and future consideration for contracting opportunities. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge.
Print Name:
Signature: Date:
*Certification expires within six months of the date of signature Information regarding Section 3 Business Concerns can be found at 24 CFR 75.5
FOR ADMINISTRATIVE USE ONLY
Is the business a Section 3 business concern based upon their certification? YES NO
EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3
COMPLIANCE FILE FOR FIVE YEARS.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 13, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Award a CARES Act Round 2 Emergency Solutions Grant (ESG-CV2) to Center for Human Services for shelter operations to mitigate the effects of COVID-19 for Youth Navigation Center – Low Barrier Youth Shelter
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:
Consider approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 for activity delivery. (Funding Source: Emergency Solutions Grant CV2).
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C: Develop Homelessness and Housing Plan.
BACKGROUND:
As a U.S. Department of Housing and Urban Development (HUD) entitlement community, the City is required to develop an Annual Action Plan (AAP) that describes proposed activities funded with Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funds.
On March 27, 2020 the United States Congress passed the CARES Act. The bill provided $5 billion under Community Development Block Grant – Coronavirus (CDBG-CV1) and $4 billion for Emergency Solutions Grants – Coronavirus (ESG-CV1) to rapidly respond to COVID-19 and the economic, housing, and homelessness impacts caused by it.
On June 9, 2020 HUD announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and on September 11, 2020 HUD announced a third round of Cares Act Funding through which City will receive an additional $1,267,503 in Community Development Block Grant – Coronavirus (CDBG-CV3).
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City of Modesto, February 1, 2022
CARES Act Round 2 Emergency Solutions Grant to Center for Human Services for shelter operations to mitigate the effects of COVID-19 for Youth Navigation Center – Low Barrier Youth Shelter
On October 27, 2020, the City Council, by Resolution No. 2020-448, approved Amendment #4 to the City of Modesto Program Year 2019-2020 Annual Action. The amendment served in allocating program Community Development Block Grant Coronavirus Round 3 (CDBG-CV3) and Emergency Solutions Grant Coronavirus Round 2 (ESG-CV2).
DISCUSSION:
The City’s current 2020-2025 Consolidated Plan identifies homelessness and housing as the highest priorities. Addressing homelessness in the midst of a pandemic takes a global approach with many community partners and the City departments coming together to create a holistic approach to keeping the most vulnerable in the community safe from COVID-19 and to continue the effort to assist these individuals on a path that brings them closer to a life off the streets and part of our local community. With this in mind, the City has been working with its partners in allocating CARES Act resources to address this priority while responding to the COVID-19 threat to the community.
Center for Human Services (CHS) operates a Low Barrier Youth Shelter at the Youth Navigation Center. The shelter provides 24 beds of emergency shelter for 18-24 year old’s who are experiencing homelessness.
Emergency shelters play an important role in providing shelter to homeless individuals in the community. However, COVID-19 has impacted the way in which shelters operate and provide services and has resulted in an increased need for operational resources. To assist in the operational response to COVID-19 and assist unhoused youth, the City will provide ESG-CV2 funds in an amount not to exceed $50,304 for the operations of the Youth Navigation Center – Low Barrier Youth Shelter to prevent the spread of COVID-19 among homeless youth and the general public.
Funds will be used to cover expenses for hotel/motel vouchers for youth who may be experiencing symptoms of COVID-19 and awaiting results, or youth who are COVID positive who need to quarantine to prevent the spread of COVID-19 within the shelter. Additionally, funds will be used to staff the Youth Navigation Center Shelter with a specialist on the weekends; a service currently not provided. This expansion of services will allow the center to assist more individuals in need of assistance.
FISCAL IMPACTS:
ESG-CV2 CARES Act Funds were authorized for eligible uses through the Program Year 2019- 2020 Annual Action Plan Amendment #4 approved by City Council on October 27, 2020 by Resolution 2020-448. There will be no impact to the General Fund COMMITTEE RECOMMENDATION:
This item was presented to the Citizen Housing and Community Development Committee on January 13, 2022 and recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Resolution approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to #6..
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City of Modesto, February 1, 2022
CARES Act Round 2 Emergency Solutions Grant to Center for Human Services for shelter operations to mitigate the effects of COVID-19 for Youth Navigation Center – Low Barrier Youth Shelter
prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 in activity delivery and authorizing the City Manager or his designee to execute any documents and/or agreements.
Approved By:
Jaylen French, Director of Community and Economic Development Joseph P. Lopez, City Manager
Attachments:
1. Resolution – CHS ESG-CV2 Agreement
2. Agreement – Center for Human Services ESG-CV2 Agreement #6..
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02-01-2022/C&ED/Jhill 1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING AN EMERGENCY SOLUTIONS GRANT CARES ACT (ESG-CV2) TO CENTER FOR HUMAN SERVICES FOR THE
OPERATION OF THE NAVIGATION CENTER – LOW BARRIER YOUTH
SHELTER LOCATED AT 2008 W. BRIGGSMORE AVE., MODESTO, CA 95350 IN AN AMOUNT NOT TO EXCEED $50,304 TO PREVENT, MITIGATE, AND RESPOND TO THE SPREAD OF COVID-19 AS WELL AS $5,000 IN ACTIVITY
DELIVERY AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS
WHEREAS, the City of Modesto is an entitlement community under three U.S.
Department of Housing and Urban Development (HUD) programs within its Office of Community Planning and Development (CPD), and
WHEREAS, as an entitlement community, the City annually receives entitlement funds from the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program (HOME) programs, and WHEREAS, on March 27, 2020, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act – H.R. 748), and WHEREAS, through the first round of funding, the City of Modesto was awarded $1,118,269 in CDBG-CV1 and $567,410 in ESG-CV1, and
WHEREAS, this funding was programmed by 2019-2020 Annual Action Plan Amendment #3 approved by City Council on April 28, 2020 by Resolution 2020-206, and
WHEREAS, on June 9, 2020 HUD announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and this funding was programmed by 2019- #6..
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2020 Annual Action Plan Amendment #4 approved by City Council on October 27, 2020 by Resolution 2020-448, and
WHEREAS, the City’s current 2020-2025 Consolidated Plan identifies homelessness and housing as the highest priorities, and WHEREAS, addressing homelessness in the midst of a pandemic takes a global approach with many community partners and the City departments coming together to create a holistic approach to keeping the most vulnerable in the community safe from COVID-19 and to continue the effort to assist these individuals on a path that brings them closer to a life off the streets and part of our local community, and WHEREAS, the City has been working with its partners in allocating CARES Act resources to address this priority while responding to the COVID-19 threat to the community, and
WHEREAS, Center for Human Services operates a Low Barrier Youth Shelter at the Youth Navigation Center, and
WHEREAS, the shelter provides 24 beds for youth 18 to 24 years of age who are experiencing homelessness, and
WHEREAS, Center for Human Services Low Barrier Youth Shelter will provide hotel/motel vouchers for youth who may be experiencing symptoms of COVID-19 and awaiting results, or youth who are COVID positive who need to quarantine to prevent the spread of COVID-19 within the shelter, and
WHEREAS, the youth shelter will open on weekends to increase services to youth, helping mitigate the spread of COVID-19, and
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WHEREAS, ESG-CV2 funds will be used for the operation of Center for Human Services Low Barrier Youth Shelter located in the Navigation Center to help mitigate the spread of COVID-19 by providing hotel/motel vouchers, and offering additional operating hours on the weekends to expand services to youth in need.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 in activity delivery.
BE IT FURTHER RESOLVED; authorize the City Manager or his designee to execute any documents and/or agreements with such changes as determined by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
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02-01-2022/C&ED/Jhill 4 2022-
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Emergency Solutions Grants Cares Act Program
Public Service Subrecipient Agreement
(7/1/2021 through 9/30/2022)
THIS AGREEMENT, made and entered into as of _____________________________, 2022, by and between the CITY OF MODESTO, a municipal corporation of the State of California, as the recipient of the EMERGENCY SOLUTIONS GRANTS PROGRAM, hereinafter referred to as (“CITY”), and CENTER FOR HUMAN SERVICES, a California nonprofit public benefit corporation, hereinafter referred to as (“SUBRECIPIENT”).
WITNESSETH WHEREAS, CITY has an Emergency Solutions Grants allocation from the U.S.
Department of Housing and Urban Development under Subtitle B of Title IV of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11371-11378), as amended; and WHEREAS, pursuant to such grant, CITY is undertaking certain programs and services necessary for the planning, implementation, or execution of such Emergency Solutions Grants Program; and
WHEREAS, CITY desires to engage SUBRECIPIENT to render certain services, programs, or assistance in connection with such undertaking of the Emergency Solutions Grants Program, as described in Appendices A, and B; and
WHEREAS, Resolution 2021-178 adopted by the Council of the CITY on May 11, 2021, determined and resolved that the SUBRECIPIENT should be utilized to implement the Emergency Solutions Grants Program, a copy of which Resolution is attached hereto as Exhibit A and hereinafter incorporated by reference to this Agreement.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. SCOPE OF WORK:
SUBRECIPIENT shall perform all the necessary services provided under this Agreement in accordance with and respecting the following activities as set forth in Appendices A, and B as described in the Application for Funding and incorporated herein by reference:
Shelter Operations. The SUBRECIPIENT will be responsible for administering the activity described herein consistent with all the provisions of this Agreement and with the requirements of Title 24 Code of Federal Regulations, Part 576 for the U.S. Department of Housing and Urban Development concerning Emergency Solutions Grants Program and all applicable federal requirements to carrying out ESG activities. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
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FY 2021-2022 Public Service CV Agreement
II. TERM OF AGREEMENT:
Unless terminated earlier due to default or insufficiency of funds, this Agreement shall have a term commencing July 1, 2021 and ending September 30, 2022. SUBRECIPIENT shall undertake and complete its services under this Agreement in such sequence and in such a manner to assure completion with the term of the Agreement.
The maximum amount of funding to be disbursed to SUBRECIPIENT for this term is Fifty Thousand Three Hundred Four Dollars and No Cents ($50,304.00).
III. FUNDING:
SUBRECIPIENT shall be disbursed up to a total consideration of Fifty Thousand Three Hundred Four Dollars and No Cents ($50,304.00). for full performance of the services specified under this Agreement, in conformity with the approved and executed budget document which is attached to this Agreement as Appendices A and B, and incorporated herein by reference. Disbursement is dependent upon SUBRECIPIENT providing all required documentation. If projects or services fail to comply with federal requirements, SUBRECIPIENT could be required to repay any or all compensation or shall not be paid for said projects or services. The amount set forth in this section is not a guarantee of the compensation that SUBRECIPIENT receive, but rather is merely a limit of potential CITY expenditures under this Agreement. SUBRECIPIENT will be paid for services actually performed in accordance with the requirements of this Agreement.
Federal award identification information regarding the funding provided to SUBRECIPIENT by this Agreement, as required by 24 CFR 200.332, is included in Exhibit B, attached hereto and incorporated herein.
IV. DRAW DOWN OF FUNDS:
Draw down of funds shall be determined between the CITY and the SUBRECIPIENT, as stated in the Appendices A and B.
In every case, payment will be made subject to receipt of a written requisition for payment from SUBRECIPIENT specifying and certifying that such expenses are in conformance with this Agreement and SUBRECIPIENT is entitled to receive the amount requisitioned under the terms of the Agreement. To comply with 2 CFR 200.415, with each requisition for payment, an official authorized to bind SUBRECIPIENT shall certify that “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” #6..
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FY 2021-2022 Public Service CV Agreement
a. SUBRECIPIENT agrees that the General Provisions for Selected Items of Cost (2 CFR 200.420-200.475) shall be used to determine the allow-ability of invoiced costs.
b. Requisitions for Payment will be dispersed upon request provided that:
i. The Requisition for Payment is submitted with an original authorized signature;
ii. That all Requisitions for Payment are accompanied with supporting documentation verifying all costs are specific to carrying out the Agreement Scope;
iii. That a Budget Amendment Form be requested from City, and if approved by City, be returned with an original authorized signature for any Requisition for Payment that varies from the original approved Project Budget. City Approval of the budget amendment will be evaluated based on the nature of the request in comparison to the contract scope, and shall be subject to prior-approval by HUD, if required, pursuant to 2 CFR 200.308. The City of Modesto will only allow two Budget Amendments during the contract period, but no later than May 30, 2022.
c. SUBRECIPIENT shall not claim reimbursement from CITY for (or apply sums received from the CITY with respect to) that portion of any of its obligations which has been or should be paid by another source.
d. SUBRECIPIENT shall be reimbursed only for eligible expenses incurred during the specified time period of the Agreement.
e. SUBRECIPIENT shall submit any outstanding claims for reimbursement under this Agreement within ten (10) days after the ending date of the contract. All claims submitted after ten (10) days following the ending date of the Agreement will not be eligible for reimbursement by the CITY.
f. SUBRECIPIENT shall notify CITY in writing of all authorized personnel who shall be empowered to file requests for payment and pick up reimbursement checks pursuant to the Agreement.
g. Disbursement of funds may be withheld if periodic (QUARTERLY) activity reports are not provided according to this Agreement.
h. Upon receipt of payment of its final written requisition, SUBRECIPIENT shall have no entitlement to any unused funds.
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FY 2021-2022 Public Service CV Agreement
V. USE OF FUNDS:
Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371-11378), as amended, 24 CFR Part 576, and other federal requirements governing the Emergency Solutions Grants Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. In addition, SUBRECIPIENT agrees to comply with other applicable laws including but not limited to Title VI of the Civil Rights Act of 1964, as amended Title VI), 42 USC Section 2000, and the U.S. Department of Housing and Urban Development’s (HUD’s) regulations implementing that Act at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968, now cited as the Federal Fair Housing Act, and specifically its provisions relating to the obligation to affirmatively further fair housing choice at 42 USC 3608(d) and (e)(5); and Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 42 USC Section 794, and HUD’s regulations implementing that Act at 24 CFR Part 8; and to practice nondiscrimination in the provision of assistance, consistent with Section 411 (42 USC 11371) of the McKinney-Vento Homeless Assistance Act, as amended by Section 896 of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009.
Furthermore, any funded activity must be designed or so located as to principally benefit low- and moderate-income persons, aid in the prevention or elimination of slums or blight or meet urgent community development needs, as defined in the program guidelines.
SUBRECIPIENT shall administer all activities provided for this Agreement in a manner consistent with such rules and regulations, including the Emergency Solutions Grants Program Operations Manual, as shall from time to time be promulgated by the U.S.
Department of Housing and Urban Development, insofar as such rules and regulations do not conflict with applicable law or the terms of this Agreement. SUBRECIPIENT shall use Emergency Solutions Grants Program funds for the services described in Appendix A, in the manner described in Appendix B of the Agreement.
SUBRECIPIENT shall administer all activities provided for in this Agreement in accordance with 24 CFR § 576 et seq and all other applicable federal state or local laws, rules or regulations.
If SUBRECIPIENT contracts with any subconsultant for the purpose of carrying out any part of the services set forth in Appendices A and B, SUBRECIPIENT shall require such subconsultant(s) to comply with all applicable ESG Regulations (as set forth in this Agreement and 24 CFR Part 576 et seq.), including but not limited to, reporting requirements. SUBRECIPIENT shall ensure it collects all required information from the subconsultant(s) in order for SUBRECIPIENT to satisfy its reporting obligations as set forth herein.
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VI. DUPLICATION OF BENEFITS:
SUBRECIPIENT shall not use funds available under this Agreement to pay for costs that have already been paid for, or will be paid for, by another Federal program, insurance, or other sources. By signing this Agreement SUBRECIPIENT attests that it has not received funds from any other source to pay for the activities set forth in Appendices A and B that will be paid for by the funds provided under this Agreement. SUBRECIPIENT acknowledges and agrees that if SUBRECIPIENT uses the funds under this Agreement to pay for costs that have already been paid for, or will be paid for, by another source, SUBRECIPIENT shall repay the funds provided under this Agreement to the CITY.
Initials of Authorized Representative of SUBRECIPIENT: _______ VII. SUBRECIPIENT shall maintain an updated and valid DUNS number, which requires registering with Dun and Bradstreet and completing and annually renewing their registration in the Central Organization Registration (CCR).
VIII. COST PRINCIPLES, UNIFORM ADMINISTRATIVE REQUIREMENTS, AND PROGRAM INCOME:
SUBRECIPIENT will comply and follow the requirements set forth in 24 CFR part 84 and 2 the standards of 2 CFR part 200 “Uniform Administrative Requirements, Cost Principles, and Requirements for Federal Awards”, as now in effect and as may be amended from time to time, as applicable. The use of Emergency Solutions Grants Program funds must be accounted for separately with all the expenditures clearly identified including all supporting documentation. Program income, as that term is defined in ESG Regulations, derived from this project/activity, if any, shall revert to CITY for use in the Emergency Solutions Grants Program, unless otherwise indicated in Appendices A or B.
IX. Unless otherwise provided in another exhibit to the Agreement, the SUBRECIPIENT shall provide at its sole cost and expense, all office space, supplies, equipment, vehicles, reference and other written materials, and telephone service as is necessary for SUBRECIPIENT to provide the services under the Agreement.
X. ASSIGNMENT:
Without written consent of CITY, this Agreement is not assignable by SUBRECIPIENT, whether in whole or in part.
XI. ALTERATION:
No alteration or variation in the terms of this Agreement shall be valid unless made in writing, approved and signed by the parties hereto.
XII. REVERSION OF ASSETS:
Upon expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any unused ESG funds on hand and any accounts receivable attributable to the use of ESG Funds in accordance with 24 CFR § 576. SUBRECIPIENT shall retain furniture, equipment or any #6..
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other property or assets acquired with Emergency Solutions Grants Program funds under this contract as long as there is a need for such property to accomplish the purpose of the program, whether or not the program continues to be supported by Emergency Solutions Grants Program funds. If the SUBRECIPIENT becomes insolvent, all furniture, equipment or any other property or assets purchased partly or totally with Emergency Solutions Grants Program funds, shall be returned to the CITY for disposition.
XII. GENERAL TERMS AND CONDITIONS:
a. SUBRECIPIENT agrees to maintain records required by the Federal regulation specified in 24 CFR Part 576.500, and that are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to:
a.1. Records providing a full description of each activity undertaken; a.2. Records required to determine the eligibility of activities; a.3. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with ESG assistance; a.4. Records documenting compliance with the fair housing and equal opportunity components of the ESG program;
a.5. Financial records as required by 24 CFR Part 576.500, OMB Circular A1102, and CFR Part 200; and a.6. Other records necessary to document compliance with of 24 CFR 576. b. SUBRECIPIENT agrees to submit QUARTERLY program status reports to the CITY, and other reports as may be required. QUARTERLY, year-end and any other periodic reports that are required must be provided to the CITY within ten (10) days from the end of the reporting period.
c. SUBRECIPIENT agrees to maintain racial, ethnic, gender, head of household, total household income and family size data showing the extent to which these categories or persons have participated in, or benefited from, the project and provide such data in the periodic activity/status report. A cumulative year-end report is due at the Department of Community & Economic Development Department within ten (10) days from the end of the fiscal year.
d. SUBRECIPIENT agrees that in advertisements or public notices regarding the ESG-funded portion of the program, that such ads or notices will include wording to the effect that the program, or a portion thereof, is funded through a ESG award provided by the City of Modesto.
e. SUBRECIPIENT agrees to keep all necessary books and records, including personal property, personnel and financial records, in connection with the operations and services performed under this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.
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f. SUBRECIPIENT agrees that CITY or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. g. SUBRECIPIENT agrees to allow CITY to monitor program and allow the CITY or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine. CITY shall conduct quarterly onsite monitoring visits with the SUBRECIPIENT to review work progress. If during monitoring review CITY determines that insufficient progress has been made, it will include such information in its monitoring documentation and identify a corrective action plan. The corrective action plan shall include communication with the SUBRECIPIENT in order to ensure that all services will be delivered. If after the CITY communicates scope of work delivery concerns to the SUBRECIPIENT, the SUBRECIPIENT is not sufficiently able to ensure the CITY that there is a plan that will deliver the contracted scope of work, then CITY may recapture and reallocate funds. If monitoring visit results in sufficient evidence of adequate progress toward meeting the scope of work, then CITY will record that there is such progress in monitoring documentation forwarded to the SUBRECIPIENT.
h. SUBRECIPIENT shall develop and implement procedures to ensure: (1) the confidentiality of records pertaining to all program participants; (2) that program participants’ addresses will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the SUBRECIPIENT. i. SUBRECIPIENT may terminate assistance to a program participant who violates program eligibility requirements. SUBRECIPIENT may resume assistance to a program participant whose assistance was previously terminated. In terminating assistance to a program participants, SUBRECIPIENT must: (1) provide a formal process that recognizes the rights of individuals receiving assistance to due process of law with a written notice that includes (a) a clear statement of the reasons for termination; (b) a review of the decision, in which the program participant is given the opportunity to present written or oral objections before a third party; and (c) prompt written notice of the final decision to the program participants; (d) for purposes of this policy, a “Third Party” is defined as another agency staff person who has not previously evaluated the program participant for eligibility. SUBRECIPIENT must have clear written policies and procedures for the denial, discharge, or termination of program services.
j. SUBRECIPIENT agrees to provide to CITY, at SUBRECIPIENT’S cost, a certified audit performed by an accredited public accountant, of all funds received and utilized by SUBRECIPIENT, including the distribution of Emergency Solutions Grants Program funds for applicable fiscal year(s) to be delivered to CITY no later than October 1 following the end of the applicable fiscal year(s).
k. SUBRECIPIENT agrees to provide to CITY, at SUBRECIPIENT’S cost, an independent auditor’s report on compliance with requirements applicable to each major program #6..
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and on internal control over compliance in accordance with OMB Circular A-133, when applicable.
l. SUBRECIPIENT hereby warrants that all project records, books, papers and documents will be retained for a period of not less than five (5) years after the project terminates and grants CITY the option of retention of the project books, records, papers and documents.
m. SUBRECIPIENT agrees to obtain all necessary permits for intended activities. n. SUBRECIPIENT hereby severally warrants that it will establish and adopts safeguards to prohibit members, officers, and employees from using positions for purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Further, no member, officer, or employee of SUBRECIPIENT who exercises any functions or responsibility with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement.
o. The SUBRECIPIENT shall provide at its own expense and maintain at all times, the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. SUBRECIPIENT shall submit evidence of insurance electronically via the Pacific Insurance Network Systems (PINS). The policies or certificates thereof shall provide that thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies:
Worker’s Compensation in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000.
General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations as applicable.
Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to CITY, the SUBRECIPIENT shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as herein above provided. Upon failure of the SUBRECIPIENT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the SUBRECIPIENT to obtain and/or maintain any required insurance shall not relieve the SUBRECIPIENT from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the SUBRECIPIENT concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation.
The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees and volunteers for losses arising from work performed by SUBRECIPIENT for the CITY.
The SUBRECIPIENT’s insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured, and shall be placed with insurer(s) with acceptable Best’s rating of A:
VII or with approval of the Risk Manager. The SUBRECIPIENT must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.
SUBRECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general and auto liability insurance policies. In addition, SUBRECIPIENT shall provide CITY with a Workers’ Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the SUBRECIPIENT’s insurance shall be primary insurance 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 SUBRECIPIENT’s insurance and shall not contribute with it.
XIII. TERMINATION OF AGREEMENT:
The CITY may terminate this Agreement, with or without cause and at any point in time in the sole and absolute discretion of CITY, upon written notice to the SUBRECIPIENT. In #6..
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the event the CITY terminates this Agreement, CITY shall compensate the SUBRECIPIENT for all outstanding costs incurred for work satisfactorily completed as of the effective date of the termination. SUBRECIPIENT shall maintain adequate logs and timesheets in order to verify costs incurred to date. SUBRECIPIENT may terminate this Agreement upon breach by CITY, provided that SUBRECIPIENT has first provided CITY of the breach and then provided CITY with a reasonable opportunity to cure.
Without limiting the foregoing, CITY expressly reserves the right to terminate this Agreement upon written notification to SUBRECIPIENT under the following conditions:
a. Notification by the U.S. Department of Housing and Urban Development (HUD) to CITY that said project is ineligible because of project location, services provided, or any other reason cited by HUD.
b. Notification by HUD to CITY that said project is deficient and that continued support is not providing an adequate level of service to low-income and minority people.
c. Written notification from HUD to CITY that the program funds made available to CITY are being curtailed, withdrawn, or otherwise restricted. d. Failure of SUBRECIPIENT to submit to CITY required reports including monthly, quarterly or end of year reporting forms.
e. Failure of SUBRECIPIENT to submit to the CITY regular invoices/requisitions as stated in Appendix B
f. Failure by SUBRECIPIENT to meet project date, objectives or proposed goals/accomplishments as set forth herein.
g. Failure to comply with written notice from CITY of substandard performance in scope of service under the terms of this Agreement.
h. Expenditure of funds by SUBRECIPIENT and under this Agreement is for ineligible activities, services, or items.
i. If the SUBRECIPIENT shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, Agreements or stipulations of this Agreement, CITY shall thereupon have the right to terminate by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, which shall be at least thirty (30) days before the effective date of such termination. Without prejudice, SUBRECIPIENT agrees that prior to the termination or expiration of #6..
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this Agreement upon any final or interim audit by CITY of the U.S. Department of Housing and Urban Development, it shall be disclosed to be due to CITY (or shall, at CITY’s election, permit CITY to deduct such sums from whatever amounts remained undisbursed by CITY to SUBRECIPIENT pursuant to this Agreement). If this Agreement shall be terminated and it shall be disclosed upon such audit, or otherwise, that such failure has occurred, then SUBRECIPIENT shall pay to CITY whatever sums are so disclosed to, or determined by CITY, to be due to CITY. j. CITY shall have the right to terminate this Agreement with or without cause at any time upon giving SUBRECIPIENT at least thirty (30) days written notice prior to the effective date of such termination.
XIV. HOLD HARMLESS AND INDEMNITY AGREEMENT:
SUBRECIPIENT shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out the performance of this Agreement. SUBRECIPIENT's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for SUBRECIPIENT to procure and maintain a policy of insurance. The provisions of this Section shall survive the expiration of the term of this Agreement.
XV. CIVIL RIGHTS
a. Compliance
The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104{b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 ,and Executive Order 11246 as amended by Executive Orders 11375, 11478,12107 and 12086.
b. Nondiscrimination
The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 as amended are still applicable.
c. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.
L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other #6..
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transfer of land acquired, cleared or improved with assistance provided under this contract, the SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected there on providing that the GRANTEE and the United States are beneficiaries of and entitled to enforce such covenants. The SUBRECIPIENT in undertaking its obligation to carry out the program assisted hereunder agrees to take such measures as are necessary to enforce such covenant. d. Section 504
The SUBRECIPIENT agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The GRANTEE shall provide the SUBRECIPIENT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
XVI. EQUAL OPPORTUNITY IN PARTICIPATION AND EMPLOYMENT:
SUBRECIPIENT agrees that no person shall, on the grounds of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap or human immunodeficiency virus (HIV) status, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to SUBRECIPIENT pursuant to this Agreement. SUBRECIPIENT shall not on the grounds of race, color, national origin, gender, sexual orientation, age, marital status, familial status, handicap, or human immunodeficiency virus (HIV) status:
a. Deny any service or other benefit provided under the program or activity; b. Provide any service or other benefit which is different, or is provided in a different form from that provided to others under the program or activity;
c. Subject to segregate or separate treatment in any facility, or in any manner or process related to receipt of any service or benefit under the program or activity;
d. Restrict in any way the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit under the program or activity; e. Treat an individual differently from others in determining whether he/she satisfies any admission, enrollment, eligibility, membership or other recruitment or condition which individuals must meet in order to be #6..
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provided any service or other benefit provided under the program or activity; or
f. Deny an opportunity to participate in a program or activity as an employee;
Provided however, that nothing in this paragraph shall prevent SUBRECIPIENT from taking any action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons, where the purpose of such action is to overcome prior discriminatory practice or usage, and provided, further, that nothing in this paragraph shall be construed to prohibit SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities of the different genders.
In carrying out the program, SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap or human immunodeficiency virus (HIV) status. SUBRECIPIENT shall make every effort to ensure that applicants for employment are employed and employees are treated during employment, without regard to their race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, or human immunodeficiency virus (HIV) status. Such action shall include, but not be limited to, the following:
employee promotion, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. SUBRECIPIENT shall post in conspicuous places, available to employees and applicants for employment, notices of this nondiscrimination clause, without regard to race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap or human immunodeficiency virus (HIV) status. The SUBRECIPIENT shall incorporate the foregoing requirements of this paragraph in all of its Agreements for program work, and shall require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work.
XVII. EQUAL PARTICIPATION OF RELIGIOUS/FAITH-BASED SUBRECIPIENTS:
Under HUD, religious/faith-based organizations retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HUD funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. Religious/faith-based organizations may use space in its facilities to provide HUD-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a HUD-funded religious/faith-based organization retains its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents. An organization that participates in any HUD program shall not, in providing #6..
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program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief.
XVIII. BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR LOW- AND MODERATE-INCOME RESIDENTS:
SUBRECIPIENT will conform to the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 (u)) as amended, and the HUD regulation issued pursuant thereto as 24 CFR, Part 135. This Act requires that, to the greatest extent feasible, opportunities for training and employment be given to lowand moderate-income residents of the project area.
XIX. LABOR STANDARDS:
SUBRECIPIENT shall comply with all applicable labor standards, as set forth in section 110(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301, et seq.). The use of volunteers shall comply with the regulations in 24 CFR Part 70.
XX. PROVISION OF THE HATCH ACT:
Neither SUBRECIPIENTS’ program nor the funds provided thereof, nor the personnel employed in the administration of the program shall be in any way or to any event engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code.
XXI. CONFLICT OF INTEREST:
SUBRECIPIENT shall comply with 2 CFR 576.404, 2 CFR 200.112 (formerly 24 CRF 84.42) and all applicable federal standards of ethical conduct, which prohibit any employee, officer, or agent of SUBRECIPIENT from participating in the selection, award, or administration of a federally funded contract if a real or apparent conflict of interest would be involved. With respect to all other decisions involving the use of ESG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.
XXII. LEAD-BASED PAINT POISONING PREVENTION:
SUBRECIPIENT agrees to uphold the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under ESG.
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XXIII. DRUG-FREE WORKPLACE:
SUBRECIPIENT will maintain a drug-free workplace and will comply with all applicable Federal, State and local laws pertaining to a drug free workplace.
XXIV. PROVISION REQUIRED BY LAW DEEMED INSERTED:
Each and every position of law and clauses required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
XXV. NOTICES:
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which SUBRECIPIENT or CITY shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:
To CITY: CITY OF MODESTO
Community & Economic Development Department
Attn: Community Development Division
P. O. Box 642
Modesto, Ca 95353
To SUBRECIPIENT: Center for Human Services
2000 W. Briggsmore Ave Ste. I
Modesto, CA, 95350
XXVI. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between SUBRECIPIENT and the CITY. Additional or new terms contained in this Agreement, which may vary from SUBRECIPIENT’s proposal, are controlling and are deemed accepted by SUBRECIPIENT. All previous proposals, offers, and communications relative to this Agreement, whether oral or written are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by the parties. #6..
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XXVII. PARTIAL INVALIDITY:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
XXVIII. GOVERNING LAW/VENUE:
This Agreement shall be governed according to the laws of the State of California and venue shall be the Superior Court in Stanislaus County.
XXIX. AUTHORITY TO ENTER INTO AGREEMENT
The undersigned persons signing as officers on behalf of SUBRECIPIENT, and party to this Agreement, hereby severally warrant and represent that said persons have authority to enter into this Agreement on behalf of said SUBRECIPIENT and to bind the same to this Agreement, and further that said SUBRECIPIENT has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any articles of incorporation or by-laws against entering into this Agreement.
Both parties hereto in the performance of this Agreement will be acting in an independent contractor capacity and not as agents, employees, partners or joint ventures with one another. SUBRECIPIENT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including, but not limited to medical, unemployment, or Worker’s Compensation insurance.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the CITY OF MODESTO and SUBRECIPIENT has caused this Agreement to be duly executed.
CENTER FOR HUMAN SERVICES
By ________________________________
Name: _____________________________
Title: ______________________________
By________________________________
Name: _____________________________
Title: ______________________________
(SEAL)
Corporations: signature of two (2) officers or
one (1) officer plus corporate seal required.
Partnership: signature of one partner
required.
Sole Proprietorship: signature of proprietor
required.
Non-Profit: signature of two (2) officials or
one (1) official plus corporate seal required.
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CITY OF MODESTO,
a municipal corporation
By: ________________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
By: _________________________________
DANA SANCHEZ, Interim City Clerk
(Seal)
APPROVED AS TO FORM:
By: _________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO RISK MANAGEMENT:
By: _________________________________
CHRISTINA D. ALGER,
Director of Human Resources (Risk)
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EXHIBIT A
RESOLUTION OF APPROVAL
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EXHIBIT B
FEDERAL AWARD IDENTIFICATION INFORMATION
i) SUBRECIPIENT’s name:
Center for Human Services
ii) SUBRECIPIENT’s DUNS:
038119202
iii) Federal Award Identification Number (FAIN):
E-21-MW-06-0002
iv) Federal Award Date:
7/1/2021
v) Subaward Period of Performance Start and End Date:
7/1/2021 through 9/30/2022
vi) Amount of Federal Funds Obligated by this action by the CITY entity to the SUBRECIPIENT:
$50,304
vii) Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the CITY including the current obligation:
$50,304
viii) Total Amount of the Federal Award committed to the SUBRECIPIENT by the CITY:
$50,304
ix) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA):
CHS is proposing Coronavirus support for the Youth Navigation Center – Low Barrier Youth Shelter Operations. The Low Barrier Youth Shelter at the Youth Navigation Center provides up to 24 beds of emergency shelter for 18-24 year olds who are experiencing homelessness. This project will provide support to youth in shelter with hotel/motel vouchers who may be experiencing symptoms of Covid-19 and awaiting test results, or youth who are Covid Positive who need to quarantine to prevent the spread of Covid-19 within the shelter. The funding will help keep Covid positive individuals off the street where appropriate protective measures to stop the spread of the virus can be implemented. Additionally, funds will be used to staff the Youth Navigation Center Shelter with a specialist on the weekends; a service currently not provided. This expansion of services will allow the center to assist more individuals in need of assistance.
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x) Name of Federal awarding agency:
Housing and Urban Development
xi) Contact information for CITY official responsible for awarding funding:
Community Development Manager
1010 10th Street Suite 3100, Modesto, CA 95354
xii) CFDA Number and Name:
14-231 Emergency Solutions Grant
xiii) Identification of whether the award is R&D:
Not Applicable
xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged per 24 CFR 200.414 Indirect (F&A) costs):
De minimus
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Appendix A
1. Emergency Sheter 24 CFR 576.102 - Essential Services: Eligible costs are the costs of case management, child care, education services, employment assistance and job training, outpatient health services, eligible legal services approved by the City of Modesto, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations.
2. Shelter Operations: Eligible costs are the costs of maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation of the emergency shelter. Where no appropriate emergency shelter is available for a family or individual experiencing homelessness, eligible costs may also include a hotel or motel voucher for that family or individual. The Interim Rule revised the eligible costs for operating emergency shelters by removing the limit on staff costs and adding the cost of supplies.
3. Numerical Goal: Activity will serve 10 unduplicated individuals
4. Total Grant Award: $50,304
5. Approved Assistance Type(s): Shelter Operations - COVID-19 relief Proposed Outcomes Approved: CHS is proposing Coronavirus support for the Youth Navigation Center – Low Barrier Youth Shelter Operations. The Low Barrier Youth Shelter at the Youth Navigation Center provides up to 24 beds of emergency shelter for 18-24 year olds who are experiencing homelessness. This project will provide support to youth in shelter with hotel/motel vouchers who may be experiencing symptoms of Covid-19 and awaiting test results, or youth who are Covid Positive who need to quarantine to prevent the spread of Covid-19 within the shelter. The funding will help keep Covid positive individuals off the street where appropriate protective measures to stop the spread of the virus can be implemented. Additionally, funds will be used to staff the Youth Navigation Center Shelter with a specialist on the weekends; a service currently not provided. This expansion of services will allow the center to assist more individuals in need of assistance.
6. Reporting Requirements
a. HUD recordkeeping regulations at 24 CFR Part 121 specifies the types of racial and ethnic data to be maintained. Subrecipient shall use HUD-issued “OMB Standards for Federal Data on Race and Ethnicity: HUD Policy Statement and Implementing Guidelines” that specifies the manner in which racial and ethnic characteristics are to be gathered, maintained, and submitted to City of Modesto and HUD. This format #6..
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shall be utilized to collect racial and ethnic data. This format allows for selfidentification of ethnicity from one of two ethnic categories (i.e., “Hispanic/Latino” and “Non-Hispanic/Latino”) and race from one or more of five racial categories.
Observation method is described in the implementing guidelines indicated above. (Required by Title VI and Section 109 implementing regulations at 24 CFR Parts
1.6(b) and 6.10(c) and with recordkeeping requirements at 24 CFR Part 121) (Contact the City for a Copy of all Standard Forms)
b. Subrecipient shall gather, maintain, and submit racial, ethnic, gender, head of household and family, housing status and financial assistance received for each program participant documentation that describes the extent to which Program beneficiaries to the activity funded by this Agreement. Beneficiaries and prospective beneficiaries shall be expected to self-identify disability status. This requirement is intended to ensure meaningful access and participation for persons with disabilities. (Required by Section 504 implementing regulations at 24 CFR Part 8.55(b) c. Subrecipient shall analyze, at least on a quarterly basis, the degree to which racial and ethnic minorities, female-headed households, persons with disabilities, as well as the categories covered in paragraph “4.b.” of this Exhibit, are participating in the activity funded by this Agreement. Where subrecipient identifies underrepresentation of any group (underrepresentation of 10% or more in participation compared to its representation in the Modesto general population is considered significant) based on race, color, national origin, gender, or disability, the subrecipient shall adjust the administration of this funded activity in an effort to promote greater equity in participation (e.g., affirmative marketing/outreach). (Required by Title VI and Section 109 implementing regulations at 24 CFR Parts 1.4 and 6.4; Section 504 implementing regulations at 24 CFR Part 8.4(b); Section 808(e)(5) of the Fair Housing Act which requires HUD-funded activities to affirmatively further fair housing; and HUD’s Civil Rights-Related Program Requirements at 24 CFR 570.601)
7. Definitions:
a. Family is defined in the Entitlement program as a group of persons residing together, and includes but is not limited to: a family with or without children, an elderly family; a near-elderly family; a disabled family; a displaced family; An individual living in a housing unit that contains no other person(s) related to him/her is considered to be a one-person family for this purpose. Adult children who continue to live at home with their parent(s) are considered to be part of the family for this purpose and their income must be counted in determining the total family income. A dependent child who is living outside of the home (for example, students living in a dormitory or #6..
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other student housing) is considered for these purposes to be part of the family upon which he/she is dependent, even though he/she is living in another housing unit.
b. Household is defined in the Entitlement program as all persons occupying the same housing unit, regardless of their relationship to each other. The occupants could consist of a single family, two or more families living together, or any other group of related or unrelated persons who share living arrangements.
8. Additional Requirements:
a. Subrecipients that employ fifteen (15) or more persons shall designate at least one person to coordinate efforts to comply with Section 504 requirements. Designated Section 504 (Accessibility) Coordinator shall coordinate efforts to comply with Section 504 program and physical requirements. Requirements include, but are not limited to: posting in a non-discrimination notice that includes the name and contact telephone number for the Section 504 Coordinator (notice must also be included in informational, advertising, and marketing materials); reasonable accommodation, removal of architectural barriers, policies and practices that promote access for persons with disabilities, grievance policies and procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504, etc. b. Grievance procedures shall include: 1) overseeing the investigation and resolution of complaints by the designated Section 504 Coordinator and documenting the number, nature, and outcomes of grievances; 2) notifying an individual of the right to file a complaint with the state or federal government against the City of Modesto or subrecipient without filing first with the state office; 3: displaying the name(s) and phone number(s) of the Section 504 Coordinator(s); and 4) notifying applicants, participants, and beneficiaries of its grievance policy on all forms and documents used to communicate with them or when the City of Modesto or subrecipient’s decision may have an adverse impact to a prospective applicant, participant, or beneficiary. Subrecipient shall post the grievance policy at its office to notify applicants, participants, and beneficiaries. (Required by Section 504 implementing regulations at 24 CFR Part 8.53(a).
c. Homeless Service Providers shall participate in the local Continuum of Care’s Homeless Information Management Systems (HMIS) and shall comply with the HMIS Data Quality Standards as adopted by the local Continuum of Care. These standards include, but are not limited to: timely inputting of client-level data, utilization of standardized forms, attending required trainings, adoption of specific workflows, etc.
While safe havens are exempt from these requirements, these types of organizations are still required to operate a data management system with data standards that meet or exceed HMIS data standards.
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d. ESG subrecipients shall be required to submit QUARTERLY Consolidated Annual Performance and Evaluation Report (CAPER) Data Reports. e. City of Modesto may withhold reimbursement payment(s) in cases of noncompliance until non-compliance is cured. #6..
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APPENDIX B
1. Budget: Budget line items may be modified by mutual agreement with written authorization by Emergency Solutions Grant (ESG) Program Manager or a City of Modesto designee.
2. Reimbursement Eligibility:
a. In order for costs to be reimbursable, costs must be reasonable, allowable, documented, and allocable. Only an executed subrecipient funding agreement authorizes these costs to be reimbursed for costs incurred during the term of the agreement. Any expenditure accrued or costs incurred prior to or after the term of the agreement will be ineligible for reimbursement.
b. City of Modesto reserves the right to hold or return reimbursement requests and disallow incurred expenses based on compliance with agreement. All financial transactions must be supported by complete and verifiable source documents.
These records must provide a clear audit trail and must be maintained as specified by federal guidelines.
3. Reimbursement Request Submission:
a. Subrecipients must use the City of Modesto’s Neighborly invoicing system for invoice and supporting documentation submission.
b. Unless Subrecipient and CITY have agreed to monthly invoicing submittal, Subrecipient must submit reimbursement requests, at least once per quarter. c. Subrecipients that have agreed to submit monthly invoicing, must submit its Draw Requests no later than 10 days after the end of the month. Failure to comply with this requirement may default to a quarterly invoice if decided by CITY staff.
d. Subrecipients can continue to use their own “in-house” invoicing form which will be considered part of its invoice supporting documentation. Invoice supporting documentation must include, at a minimum, the following information:
i. Supporting Documentation must be neatly organized and bundled by approved budget line item categories (i.e. salaries, operations, etc.). Each bundle must clearly identify which budget line item the documentation applies to by placing an itemized summary sheet/cover page on each bundle listing each invoice with subtotals and/or totals. ii. Staffing Costs:
1. Timesheets for each staff member charging time to the funding source must be submitted for each pay period. The City of Modesto will only reimburse time/salary for job
positions/personnel identified and approved within the
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there is a change in program personnel within the approved job position, Subrecipient must notify the City of Modesto of the change and request City approval to fund new personnel;
2. Allowable time charged to the grant for each CITY approved position will be limited to the number of hours allocated to the project as listed in the application.
3. Staff and her/his manager must sign timesheets;
4. Timesheets must reflect the total time worked each day with the amount of City of Modesto ESG time being charged to this grant clearly identified. Only ESG hours worked will be paid, based on the hourly rate approved at the time of application; supporting documentation of pay increases during the program year for staff covered by the grant must be submitted (e.g. Human Resources pay rate increase documentation and/or other equivalent documentation that demonstrates a pay rate increase was processed and approved).
5. If the employee is hourly pay exempt, salary will be allocated based on the hours worked. If the total number of hours worked is not listed, then hourly rate will be based on an average 40-hour work week.
6. The cost of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker's compensation insurance (except as indicated in § 200.447); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies. Such benefits, must be allocated to Federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such Federal awards and other activities, and charged as direct or indirect costs in accordance with the non-Federal entity’s accounting practices.
7. The cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
(i) They are provided under established written leave
policies;
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(ii) The costs are equitably allocated to all related
activities, including Federal awards; and,
(iii) The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees.
8. Bonuses are not allowable expenses. SUBRECIPIENT may pay for overtime, extra-pay shifts, and multi-shift work only with prior approval from the City of Modest, except as follows: i) When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature; ii) When employees are performing indirect functions, such as
administration, maintenance, or account; iii) In the performance of tests, laboratory procedures, or other similar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed.; or iv) When lower overall cost to the federal Government will result.
9. If there are more than 6 timesheets, timesheets must be summarized indicating calculation of time to the reimbursement amount requested; and
10. Proof of payment, such as a payroll register or copies of paychecks must also be included.
e. City of Modesto ESG funds are released on a reimbursement basis, except when authorized by the City of Modesto for advanced payment. Requested reimbursement for costs must have the City’s Standard Invoicing form with source documentation that substantiates that the costs were incurred and evidence of payment made. Payment by the City is not to be construed as final in the event it or HUD disallows any reimbursement of costs.
4. If ESG funds are utilized to provide Financial Assistance for a housing unit to be occupied by a program participant, the housing unit shall be inspected by the City of Modesto staff for compliance with the habitability standards required for the Housing Choice Voucher program.
a. All such housing units shall be subject to a Housing Quality Standards (HQS) inspection by City of Modesto Staff.
b. SUBRECIPIENT shall notify CITY when such an inspection is required. c. SUBRECIPIENT shall give CITY a minimum 48-hour notice of said inspection need.
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possible, but does not guarantee that the inspection will occur within a specific timeframe.
d. SUBRECIPIENT shall be charged a fee of $150.00 per inspection. i. The City will send an invoice to SUBRECIPIENT for each inspection; the SUBRECIPIENT may in turn bill this fee to the ESG contract with SUBRECIPIENT’s next request for reimbursement; or
ii. Alternatively, the SUBRECIPIENT may choose to pay this fee from an alternate funding source and apply this fee as ESG match. e. An inspection sheet, indicating whether the unit passed or failed, will be provided to SUBRECIPIENT within 24 hours of the inspection completion. i. All housing units intended for use of housing placement of ESG program participants must obtain a “Pass” as the inspection result to be eligible for ESG assistance.
f. SUBRECIPIENT is responsible for ensuring landlords are aware of and prepared for the habitability inspections.
g. Units requiring an inspection shall be inspected on an annual basis for the duration of time the unit is receiving ESG assistance, in accordance with the protocol set forth in this section.
h. If a unit has a change of tenancy and the new tenant is to receive ESG Financial Assistance for the unit, the unit must be re-inspected. SUBRECIPIENT shall request that the unit be re-inspected, in accordance with the requirements of this section.
i. SUBRECIPIENT shall keep a record of inspections for units receiving ESG funding. 3815655.1
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 13, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: First Amendment to Center for Human Services ESG CARES Act (ESG-CV2) Subrecipient Agreement for Youth Street Outreach
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:
Consider approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the agreement from ending June 30, 2022 to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2) STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C: Develop Homelessness and Housing Plan.
BACKGROUND:
As a U.S. Department of Housing and Urban Development (HUD) entitlement community, the City is required to develop an Annual Action Plan (AAP) that describes proposed activities funded with Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funds.
On March 27, 2020 the United States Congress passed the CARES Act. The bill provided $5 billion under Community Development Block Grant – Coronavirus (CDBG-CV1) and $4 billion for Emergency Solutions Grants – Coronavirus (ESG-CV1) to rapidly respond to COVID-19 and the economic, housing, and homelessness impacts caused by it.
On June 9, 2020 HUD announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and on September 11, 2020 HUD announced a third round of Cares Act Funding through which City will receive an additional $1,267,503 in Community Development Block Grant – Coronavirus (CDBG-CV3).
On October 27, 2020, the City Council, by Resolution No. 2020-448, approved Amendment #4 to the City of Modesto Program Year 2019-2020 Annual Action. The amendment served in #7..
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City Council, February 1, 2022
First Amendment to Center for Human Services ESG CARES Act (ESG-CV2) Subrecipient Agreement for Youth Street Outreach
allocating program Community Development Block Grant Coronavirus Round 3 (CDBG-CV3) and Emergency Solutions Grant Coronavirus Round 2 (ESG-CV2).
DISCUSSION:
On March 3, 2021, the City released its Notice of Funding Availability (NOFA) for CDBG, CDBG-CV, ESG and ESG-CV eligible projects. ESG-CV funding is intended for non-profit organizations that would prepare for, respond to, or prevent COVID-19 in areas such as emergency shelter operations, street outreach, homeless prevention, and rapid rehousing.
Center for Human Services applied and was awarded $40,000 under this NOFA for Youth Street Outreach services to assist homeless youth impacted by COVID-19.
On May 11, 2021 the City Council, by Resolution No. 2021-178, approved the City of Modesto Program Year 2021-2022 Annual Action Plan. The 2021-2022 Annual Action Plan included funding recommendations under both CDBG and ESG for public services which allows the funding of eligible public services projects.
With the pandemic still being prevalent and the need for outreach and engagement services on the rise, the City reached out to providers that were awarded COVID-19 related contracts.
Center for Human Services – Youth Street Outreach program expressed the need for additional funding to continue to provide services to the youth residents of the City in an effort to prepare, prevent and respond to COVID-19 crisis. Funds will be used to pay off their outreach vehicle, enabling the outreach team to find youth experiencing homelessness within the community, engage them, and quickly move youth into safe and sanitary shelter, mitigating the spread of COVID-19 and allowing for coordination of health services and access to vaccinations. An extension of the contract was also provided to assist in expanding services. The term of the agreement will be modified to commence July 1, 2021 and end September 30, 2022.
Center for Human Services has been providing outreach, engagement, navigation and case management services since July 2018 to unaccompanied Modesto youth, ages 12-24 years of age who are experiencing homelessness and are unsheltered. As COVID-19 continues to affect young people in the community, Center for Human Service’s youth focused outreach team continues to facilitate outreach and find youth in the community who may be living on the streets or in unsafe locations. With the opening of the new Youth Navigation Center, the outreach team is able to link the youth to safe sanitary shelter and link them to essential medical services.
FISCAL IMPACTS:
ESG-CV2 CARES Act Funds were authorized for eligible uses through the Program Year 2019- 2020 Annual Action Plan Amendment #4 approved by City Council on October 27, 2020 by Resolution 2020-448. There will be no impact to the General Fund COMMITTEE RECOMMENDATION:
This item was presented to the Citizen Housing and Community Development Committee on January 13, 2022 and recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Resolution approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the agreement from ending June 30, 2022 to #7..
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City Council, February 1, 2022
First Amendment to Center for Human Services ESG CARES Act (ESG-CV2) Subrecipient Agreement for Youth Street Outreach
September 30, 2022, and authorizing the City Manager or his designee to execute the amendment.
Approved By:
Jaylen French, Director of Community and Economic Development Joseph P. Lopez, City Manager
Attachments:
1. Resolution – CHS Youth Street Outreach CARES Amendment
2. Agreement – Center for Human Services Youth Street Outreach CARES Amendment No. 1
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE CENTER
FOR HUMAN SERVICES ESG CARES ACT SUBRECIPIENT AGREEMENT
FOR YOUTH STREET OUTREACH BY INCREASING THE CONTRACT
AMOUNT FROM $40,000 TO $56,893, EXTENDING THE TERM OF THE AGREEMENT FROM ENDING JUNE 30, 2022 TO SEPTEMBER 30, 2022, AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
THE AMENDMENT
WHEREAS, the City of Modesto is an entitlement community under three U.S.
Department of Housing and Urban Development (HUD) programs within its Office of Community Planning and Development (CPD), and
WHEREAS, as an entitlement community, the City annually receives entitlement funds from the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program (HOME) programs, and WHEREAS, on March 27, 2020, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act – H.R. 748), and WHEREAS, through the first round of funding, the City of Modesto was awarded $1,118,269 in CDBG-CV1 and $567,410 in ESG-CV1, and
WHEREAS, this funding was programmed by 2019-2020 Annual Action Plan Amendment #3 approved by City Council on April 28, 2020 by Resolution 2020-206, and
WHEREAS, on June 9, 2020 HUD announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and this funding was programmed by 2019- 2020 Annual Action Plan Amendment #4 approved by City Council on October 27, 2020 by Resolution 2020-448, and
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02-01-2022/C&ED/Jhill 2 2022-
WHEREAS, the City’s current 2020-2025 Consolidated Plan identifies homelessness and housing as the highest priorities, and WHEREAS, CDBG-CV, ESG and ESG-CV eligible projects. ESG-CV funding is intended for non-profit organizations that would prepare for, respond to, or prevent COVID-19 in areas such as emergency shelter operations, street outreach, homeless prevention, and rapid rehousing, and
WHEREAS, Center for Human Services applied and was awarded $40,000 under this NOFA for Youth Street Outreach services to assist homeless youth impacted by COVID-19, and
WHEREAS, On May 11, 2021 the City Council, by Resolution No. 2021-178, approved the City of Modesto Program Year 2021-2022 Annual Action Plan. The 2021- 2022 Annual Action Plan included funding recommendations under both CDBG and ESG for public services which allows the funding of eligible public services projects, and WHEREAS, the City has been working with its partners in allocating CARES Act resources to address this priority while responding to the COVID-19 threat to the community, and
WHEREAS, with the pandemic still being prevalent and the need for outreach and engagement services on the rise, the City reached out to providers that were awarded COVID-19 related contracts, and
WHEREAS, Center for Human Services – Youth Street Outreach program expressed the need for additional funding to continue to provide services to the youth residents of the City in an effort to prepare, prevent and respond to COVID-19 crisis, and #7..
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WHEREAS, Center for Human Services has been providing outreach, engagement, navigation and case management services since July 2018 to unaccompanied Modesto youth, ages 12-24 years of age who are experiencing homelessness and are unsheltered, and
WHEREAS, COVID-19 continues to affect young people in the community, Center for Human Service’s youth focused outreach team continues to facilitate outreach and find youth in the community who may be living on the streets or in unsafe locations, and
WHEREAS, ESG-CV2 funds will be used to pay off the outreach vehicle, enabling the outreach team to find youth experiencing homelessness within the community, engage them, and quickly move youth into safe and sanitary shelter, mitigating the spread of COVID-19 and allowing for coordination of health services and access to vaccinations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approving the First Amendment to the Center for Human Services Emergency Solutions Grant CARES Act (ESG-CV2) agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893 and extending the term of the agreement from ending June 30, 2022 to September 30, 2022.
BE IT FURTHER RESOLVED; authorize the City Manager or his designee to execute the amendment, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 2022, by Councilmember ?, who #7..
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moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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AMENDMENT NO. 1
to
CENTER FOR HUMAN SERVICES
EMERGENCY SOLUTIONS GRANTS CARES ACT PROGRAM
Reference is made to the ESG Cares Act Public Service Subrecipient Agreement (the “Agreement”) dated July 1, 2021, by and between the CITY OF MODESTO, a California charter city ("CITY") and Center for Human Services ("Subrecipient"). The Parties enter into this Amendment No. 1 as of _____________________.
WHEREAS, the parties entered into the Agreement pursuant to which Subrecipient would perform duties and render services as described in the Scope of Work of the Agreement regarding the planning, implementation, or execution of such Emergency Solutions Grants Cares Act Program;
WHEREAS, Section II. Term of Agreement – establishes the original term of agreement as July 1, 2021 to June 30, 2022;
WHEREAS, the parties have agreed that additional time is needed to complete the work set forth in the Agreement;
WHEREAS, the parties have agreed to increase the amount of funding for this Agreement; WHEREAS, section III. Funding – set forth in the Agreement established the original amount of $40,000.00;
NOW THEREFORE, the parties hereby agree as follows:
1. Section II – Term of Agreement. The term of agreement shall be modified to commence July 1, 2021 and end September 30, 2022.
2. Section III – Funding. The total funding provided to the subrecipient as set forth in Section III of the Agreement is amended to increase by $16,893 to an amount not exceed Fifty-Six Thousand Eight Hundred Ninety-Three Dollars ($56,893).
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year first hereinabove written.
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CENTER FOR HUMAN SERVICES
By: __________________________________
Name:________________________________
Title:_________________________________
By: __________________________________
Name:________________________________
Title:_________________________________
(Seal)
3458699.1
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CITY OF MODESTO,
a municipal corporation
By: ________________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
By: ______
DANA SANCHEZ, Interim City Clerk
(Seal)
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO RISK MANAGEMENT:
By: _________________________________
CHRISTINA D. ALGER,
Director of Human Resources (Risk)
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 13, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act Subrecipient Agreement
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:
Consider approving the First Amendment to the Haven Women’s Center of Stanislaus ESG CARES Act subrecipient agreement increasing the contract amount from $36,000 to $98,000, extending the term of the agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000. (Funding Source: Emergency Solutions Grant CV2)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C: Develop Homelessness and Housing Plan.
BACKGROUND:
As a U.S. Department of Housing and Urban Development (HUD) entitlement community, the City is required to develop an Annual Action Plan (AAP) that describes proposed activities funded with Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funds.
On March 27, 2020 the United States Congress passed the CARES Act. The bill provided $5 billion under Community Development Block Grant – Coronavirus (CDBG-CV1) and $4 billion for Emergency Solutions Grants – Coronavirus (ESG-CV1) to rapidly respond to COVID-19 and the economic, housing, and homelessness impacts caused by it.
On June 9, 2020 HUD announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and on September 11, 2020 HUD announced a third round of Cares Act Funding through which City will receive an additional $1,267,503 in Community Development Block Grant – Coronavirus (CDBG-CV3).
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City of Modesto, February 1, 2022
First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act Subrecipient Agreement
On October 27, 2020, the City Council, by Resolution No. 2020-448, approved Amendment #4 to the City of Modesto Program Year 2019-2020 Annual Action. The amendment served in allocating program Community Development Block Grant Coronavirus Round 3 (CDBG-CV3) and Emergency Solutions Grant Coronavirus Round 2 (ESG-CV2).
DISCUSSION:
On March 3, 2021, the City released its Notice of Funding Availability (NOFA) for CDBG, CDBG-CV, ESG and ESG-CV eligible projects. ESG-CV funding is intended for non-profit organizations that would prepare for, respond to, or prevent COVID-19 in areas such as emergency shelter operations, street outreach, homeless prevention, and rapid rehousing.
Haven Women’s Center of Stanislaus applied and was awarded $36,000 under this NOFA for Shelter Operations to assist households impacted by COVID-19.
On May 11, 2021 the City Council, by Resolution No. 2021-178, approved the City of Modesto Program Year 2021-2022 Annual Action Plan. The 2021-2022 Annual Action Plan included funding recommendations under both CDBG and ESG for public services which allows the funding of eligible public services projects.
With the pandemic still being prevalent and the need for shelter continuing, the City reached out to providers who were awarded COVID-19 related contracts for shelter services. Haven expressed the need for additional funding to continue to provide services to the residents of the City in an effort to prepare, prevent and respond to the COVID-19 crisis. An extension of the contract was also provided to assist in expanding services and covering staffing costs. The term of the agreement will be modified to commence July 1, 2021, and end September 2022.
Haven Women’s Center has been providing quality supportive services, emergency shelter and advocacy to victims of domestic violence, sexual assault and human trafficking for over 40 years. Haven operates the only confidential domestic violence shelter in Stanislaus County.
Available services include 24-hour crisis intervention and safety planning, peer counseling, legal advocacy, and support groups for adults and children affected by trauma. The shelter is staffed by trained advocates 24 hours a day.
FISCAL IMPACTS:
ESG-CV2 CARES Act Funds were authorized for eligible uses through the Program Year 2019- 2020 Annual Action Plan Amendment #4 approved by City Council on October 27, 2020 by Resolution 2020-448. There will be no impact to the General Fund COMMITTEE RECOMMENDATION:
This item was presented to the Citizen Housing and Community Development Committee on January 13, 2022 and recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Resolution approving the First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act subrecipient agreement, increasing the contract amount from $36,000 to $98,000, extending the term of the agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000 and authorizing the City Manager or his designee to execute any documents.
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City of Modesto, February 1, 2022
First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act Subrecipient Agreement
Approved By:
Jaylen French, Director of Community and Economic Development Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Haven Women’s Center of Stanislaus CARES Amendment
2. Agreement – Haven Women’s Center of Stanislaus CARES Amendment No. 1 #8..
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02-01-2022/C&ED/Jhill 1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE FIRST AMENDMENT TO HAVEN
WOMEN’S CENTER OF STANISLAUS ESG CARES ACT SUBRECIPIENT AGREEMENT, INCREASING THE CONTRACT AMOUNT FROM $36,000 TO $98,000, EXTENDING THE TERM OF THE AGREEMENT FROM ENDING JUNE 30, 2022 TO SEPTEMBER 30, 2022 AS WELL AS INCREASING THE ACTIVITY DELIVERY FROM $5,000 TO $7,000 AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY DOCUMENTS
AND/OR AMENDMENTS
WHEREAS, the City of Modesto is an entitlement community under three U.S.
Department of Housing and Urban Development (HUD) programs within its Office of Community Planning and Development (CPD), and
WHEREAS, as an entitlement community, the City annually receives entitlement funds from the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program (HOME) programs, and WHEREAS, on March 27, 2020, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act – H.R. 748), and WHEREAS, through the first round of funding, the City of Modesto was awarded $1,118,269 in CDBG-CV1 and $567,410 in ESG-CV1, and
WHEREAS, this funding was programmed by 2019-2020 Annual Action Plan Amendment #3 approved by City Council on April 28, 2020 by Resolution 2020-206, and
WHEREAS, on June 9, 2020 HUD announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and this funding was programmed by 2019- #8..
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02-01-2022/C&ED/Jhill 2 2022-
2020 Annual Action Plan Amendment #4 approved by City Council on October 27, 2020 by Resolution 2020-448, and
WHEREAS, the City’s current 2020-2025 Consolidated Plan identifies homelessness and housing as the highest priorities, and WHEREAS, CDBG-CV, ESG and ESG-CV eligible projects. ESG-CV funding is intended for non-profit organizations that would prepare for, respond to, or prevent COVID-19 in areas such as emergency shelter operations, street outreach, homeless prevention, and rapid rehousing, and
WHEREAS, Haven Women’s Center of Stanislaus applied and was awarded $36,000 under this NOFA for Shelter Operations to assist households impacted by COVID-19, and
WHEREAS, On May 11, 2021 the City Council, by Resolution No. 2021-178, approved the City of Modesto Program Year 2021-2022 Annual Action Plan. The 2021- 2022 Annual Action Plan included funding recommendations under both CDBG and ESG for public services which allows the funding of eligible public services projects, and WHEREAS, the City has been working with its partners in allocating CARES Act resources to address this priority while responding to the COVID-19 threat to the community, and
WHEREAS, With the pandemic still being prevalent and the need for shelter continuing, the City reached out to providers who were awarded COVID-19 related contracts for shelter services, and
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02-01-2022/C&ED/Jhill 3 2022-
WHEREAS, Haven expressed the need for additional funding to continue to provide services to the residents of the City in an effort to prepare, prevent and respond to the COVID-19 crisis, and
WHEREAS, Haven Women’s Center has been providing quality supportive services, emergency shelter and advocacy to victims of domestic violence, sexual assault and human trafficking for over 40 years and operates the only confidential domestic violence shelter in Stanislaus County, and
WHEREAS, Haven’s services include 24-hour crisis intervention and safety planning, peer counseling, legal advocacy, and support groups for adults and children affected by trauma, and
WHEREAS, ESG-CV2 funds will be used to cover staffing costs for the operations of the shelter allowing Haven to provide additional supportive services and mitigating the spread of COVID-19.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approving the First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act subrecipient agreement, increasing the contract amount from $36,000 to $98,000 and extending the term of the agreement from ending June 30, 2022 to September 30, 2022, as well as increasing the activity delivery from $5,000 to $7,000.
BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to execute any documents and/or amendments with such changes as determined by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 2022, by Councilmember ?, who #8..
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02-01-2022/C&ED/Jhill 4 2022-
moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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AMENDMENT NO. 1
to
HAVEN WOMEN’S CENTER OF STANISLAUS
EMERGENCY SOLUTIONS GRANTS CARES ACT PROGRAM
Reference is made to the ESG Cares Act Public Service Subrecipient Agreement (the “Agreement”) dated August 4, 2021, by and between the CITY OF MODESTO, a California charter city ("CITY") and Haven Women’s Center of Stanislaus ("Subrecipient"). The Parties enter into this Amendment No. 1 as of .
WHEREAS, the parties entered into the Agreement pursuant to which Subrecipient would perform duties and render services as described in the Scope of Work of the Agreement regarding the planning, implementation, or execution of such Emergency Solutions Grants Cares Act Program;
WHEREAS, Section II. Term of Agreement – establishes the original term of agreement as July 1, 2021 to June 30, 2022;
WHEREAS, the parties have agreed that additional time is needed to complete the work set forth in the Agreement;
WHEREAS, the parties have agreed to increase the amount of funding for this Agreement; WHEREAS, section III. Funding – set forth in the Agreement established the original amount of $36,000.00;
NOW THEREFORE, the parties hereby agree as follows:
1. Section II – Term of Agreement. The term of agreement shall be modified to commence July 1, 2021 and end September 30, 2022.
2. Section III – Funding. The total funding provided to the subrecipient as set forth in Section III of the Agreement is amended to increase by Sixty Two Thousand Dollars ($62,000) to an amount not exceed Ninety-Eight Thousand Dollars ($98,000).
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year first hereinabove written.
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HAVEN WOMEN’S CENTER OF
STANISLAUS
By: _
Name:
Title:
By: _
Name:
Title:
(Seal)
3458699.1
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CITY OF MODESTO,
a municipal corporation
By:
JOSEPH P. LOPEZ, City Manager
ATTEST:
By:
DANA SANCHEZ, Interim City Clerk
(Seal)
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO RISK MANAGEMENT:
By: _
CHRISTINA D. ALGER,
Director of Human Resources (Risk)
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 13, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:
Consider approving a Second Amendment to Downtown Streets Inc. ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000 and extending the term of the agreement from ending June 30, 2022, to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C: Develop Homelessness and Housing Plan.
BACKGROUND:
The City is required to develop an Annual Action Plan (AAP) that describes proposed activities funded with Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funds.
On March 27, 2020 the United States Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The bill provided $5 billion under Community Development Block Grant – Coronavirus (CDBG-CV1) and $4 billion for Emergency Solutions Grants – Coronavirus (ESG-CV1) to rapidly respond to COVID-19 and the economic, housing, and homelessness impacts caused by it.
On June 9, 2020 the Federal Housing and Urban Development (HUD) announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and on September 11, 2020 HUD announced a third round of Cares Act Funding through which City will receive an additional $1,267,503 in Community Development Block Grant – Coronavirus (CDBG-CV3).
On October 27, 2020, the City Council, by Resolution No. 2020-448, approved Amendment #4 to the City of Modesto Program Year 2019-2020 AAP. The amendment served in allocating #9..
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City of Modesto – February 1, 2022
Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement
program Community Development Block Grant Coronavirus Round 3 (CDBG-CV3) and Emergency Solutions Grant Coronavirus Round 2 (ESG-CV2).
On October 27, 2020, the City Council, by Resolution No. 2020-453, ESG CV-2 grant award contract with the Downtown Streets Team in the amount not to exceed $450,000 plus activity delivery costs for the expansion of the shelter job training program.
In an effort to proactively combat homelessness, the City has implemented the Downtown Streets Team (DST) program in Modesto. The DST program aims to end homelessness through workforce training, employment, and employer pipelines.
The DST program provides homeless and those at-risk of homelessness with volunteer opportunities for beautification projects and litter abatement around the community. In exchange for volunteer efforts, the DST participants receive weekly stipend cards that cover everything from bus passes, phone service, food, medication, enrollment fees for employment training courses that are funded by the DST program.
DISCUSSION:
The DST has provided work readiness training, case management, and employment services to all members. In addition, DST hosts a weekly success meeting to serve as a consistent check-in point for team members and serves as an entry point for people interested in joining the team.
DST, works with existing housing and shelter providers, other service providers (i.e., medical, legal, etc.), employers, and local government agencies to remove barriers to self-sufficiency for every team member.
DST has been working in the City of Modesto since January 2019, and started with a team of
25. In January 2021, the City was able to establish an additional new team of 25 members as part of a City initiative Camp2Home. The City has seen major success with the two current DST in the following areas:
Assisting participants in securing employment, rebuilding self-esteem, motivation, and hope Increasing engagement in mental health treatment for participants Removing Barriers to housing and employment
Assisting participants in obtaining vital documents
Removing debris from streets, parks, and other public spaces Performance Indicator as of January
2022
Outcomes
Participants Served 183
Barriers to Housing and Employment
Removed
1361
Employment
Participants Employed 51
Total Jobs Obtained 79
Attended Job Training Workshops 134
Resumes Completed 124
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City of Modesto – February 1, 2022
Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement
Documents
Vital Documents Obtained 315
Participants Addressed Court/Criminal
Issues
11 Housing
Permanently Housed 45
Medical
Medical and Health Needs Met 181
DST has developed an individual centric curriculum designed to meet individuals where they are and assist each individual to a place of self-sufficiency.
The initial contract covered operational costs for the Camp2Home 25 team member team through June 30, 2022. The City of Modesto proposes to amend the original contract to include both 25 members teams and increasing the award amount by $450,000, for a total contract amount of $900,000. This increase will allow Downtown Streets to continue to operate both 25- member teams through September 30, 2022.
FISCAL IMPACTS:
ESG-CV2 CARES Act Funds were authorized for eligible uses through the Program Year 2019- 2020 Annual Action Plan Amendment #4 approved by City Council on October 27, 2020 by Resolution 2020-453. There will be no impact to the General Fund.
COMMITTEE RECOMMEMDATION:
On January 13, 2022 the Citizens Housing and Community Development Committee reviewed and recommended forwarding this item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000, extending the term of the agreement from ending June 30, 2022, to September 30, 2022, and authorizing the City Manager or his designee to execute the agreements.
Approved By:
Jaylen French, Director of Community and Economic Development Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement
2. Agreement- Downtown Streets Inc Cares Amendment No. 2 #9..
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02-01-22/C&ED/JHill 1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE SECOND AMENDMENT TO DOWNTOWN
STREETS INC ESG CARES ACT PROGRAM SUBRECIPIENT AGREEMENT INCREASING THE CONTRACT AMOUNT FROM $450,000 TO $900,000, EXTENDING THE TERM OF THE AGREEMENT FROM ENDING JUNE 30, 2022, TO SEPTEMBER 30, 2022, AND AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE THE AGREEMENTS
WHEREAS, the City of Modesto is an entitlement community under three U.S.
Department of Housing and Urban Development (HUD) programs within its Office of Community Planning and Development (CPD), and
WHEREAS, as an entitlement community, the City annually receives entitlement funds from the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program (HOME) programs, and WHEREAS, on March 27, 2020, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act – H.R. 748), and WHEREAS, through the first round of funding, the City of Modesto was awarded $1,118,269 in CDBG-CV1 and $567,410 in ESG-CV1, and
WHEREAS, this funding was programmed by 2019-2020 Annual Action Plan Amendment #3 approved by City Council on April 28, 2020 by Resolution 2020-206, and
WHEREAS, on June 9, 2020 HUD announced the second round of CARES Act Funding through which the City was awarded an additional $3,360,962 in Emergency Solutions Grants – Coronavirus (ESG-CV2) and on September 11, 2020 HUD announced a third round of Cares Act Funding through which City will receive an additional $1,267,503 in Community Development Block Grant – Coronavirus (CDBG-CV3), and #9..
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02-01-22/C&ED/JHill 2 2022-
WHEREAS, On October 27, 2020, the City Council, by Resolution No. 2020- 453, ESG CV-2 grant award contract with the Downtown Streets Team in the amount not to exceed $450,000 plus activity delivery costs for the expansion of the shelter job training program, and
WHEREAS, due to COVID-19 and the economic downturn, it is even harder for those to rebuild the Downtown Streets Team has provided work readiness training, case management, and employment services to all members, and WHEREAS, Downtown Streets Team has been working in the City of Modesto since January 2019, and started with a team of 25, and
WHEREAS, January 2021, the City was able to establish an additional new team of 25 members as part of a City initiative Camp2Home, and WHEREAS, Downtown Streets Team has developed an individual centric curriculum designed to meet individuals where they are and assist each individual to a place of self-sufficiency while develop skills in identifying goals and barriers, financial literacy, and housing readiness, and
WHEREAS, the initial contract covered operational costs for the Camp2Home 25 team member team through June 30, 2022, and
WHEREAS, the City of Modesto proposes to amend the original contract to include both 25 members teams and increasing the award amount by $450,000, for a total contract amount of $900,000, and
WHEREAS, increase will allow Downtown Streets to continue to operate both 25-member teams through September 30, 2022.
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02-01-22/C&ED/JHill 3 2022-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000, and extending the term of the agreement from ending June 30, 2022, to September 30, 2022.
BE IT FURTHER RESOLVED that Council of the City of Modesto hereby authorizes the City Manager or his designee to execute any documents and/or agreements with such changes as determined by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 2022, by Councilmember? who moved its adoption, which motion being duly seconded by Councilmember? was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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AMENDMENT NO. 1
to
DOWNTOWN STREETS INC.
EMERGENCY SOLUTIONS GRANTS CARES ACT PROGRAM
Reference is made to the ESG Cares Act Public Service Subrecipient Agreement (the “Agreement”) dated October 27, 2020, by and between the CITY OF MODESTO, a California charter city ("CITY") and Downtown Streets Inc. ("Subrecipient"). The Parties enter into this Amendment No. 1 as of _____________________.
WHEREAS, the parties entered into the Agreement pursuant to which Subrecipient would perform duties and render services as described in the Scope of Work of the Agreement regarding the planning, implementation, or execution of such Emergency Solutions Grants Cares Act Program;
WHEREAS, Section II. Term of Agreement – establishes the original term of agreement as November 1, 2020 to June 30, 2022;
WHEREAS, the parties have agreed that additional time is needed to complete the work set forth in the Agreement;
WHEREAS, the parties have agreed to increase the amount of funding for this Agreement; WHEREAS, section III. Funding – set forth in the Agreement established the original amount of $450.000;
NOW THEREFORE, the parties hereby agree as follows:
1. Section II – Term of Agreement. The term of agreement shall be modified to commence November 1, 2020 and end September 30, 2022.
2. Section III – Funding. The total funding provided to the subrecipient as set forth in Section III of the Agreement is amended to increase by $400,000 to an amount not exceed Nine Hundred Thousand Dollars ($900,000).
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 on the day and year first hereinabove written.
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DOWNTOWN STREETS INC.
By: __________________________________
Name:________________________________
Title:_________________________________
By: __________________________________
Name:________________________________
Title:_________________________________
(Seal)
3458699.1
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CITY OF MODESTO,
a municipal corporation
By: ________________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
By: ______
DANA SANCHEZ, Interim City Clerk
(Seal)
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO RISK MANAGEMENT:
By: _________________________________
CHRISTINA D. ALGER,
Director of Human Resources (Risk)
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Cultural Relations and Community Building Coaching Series CONTACT: Brandon Gillespie, Chief of Police, [email protected], 209-572-9500 DESCRIPTION:
Consider approving an agreement with Mr. Michael Baldwin Sr. Consultants, LLC to provide cultural relations and community building coaching for a one-year agreement with two, one-year extension options, for an annual estimated cost of $98,500 and a total amount not to exceed $295,500 over three years. (Funding Source: General Fund, Edward Byrne Memorial Justice Assistance Grant (BJAG) Program and Supplemental Law Enforcement Services Funds (SLESF))
STRATEGIC PLAN ELEMENT:
This item supports City of Modesto 2020-2025 Strategic Plan focus area of Quality of Life under Goal A. Improve Community Safety as well as the focus area of Service Delivery under Goal I.
Promote Trust and Engagement.
BACKGROUND:
Building and maintaining community trust is a foundational principle to effective policing anywhere, and is a key priority for the Modesto Police Department. The Police Department not only understands the importance of community engagement and developing trusting relationships with all segments of our community, but also understands that trust is fragile and must be constantly pursued and enhanced.
Similar to other cities throughout the country, our community has experienced unprecedented times over the past two years amid a pandemic, an increase in political divisiveness, and a growing disconnect between law enforcement and the communities they serve. The Modesto Police Department recognizes, and is committed to reducing, the disconnect that has been especially prevalent in communities of color.
In August of 2020, the City entered into an agreement with a local consultant Michael Baldwin Sr. of Michael Baldwin Sr. Consulting LLC in the amount of $45,000 to facilitate a pilot coaching series on Cultural Relations and Community Building in an effort to continue strengthening and restoring relationships in the community. This coaching series consisted of a select group of 15 #10..
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City Council, February 1, 2022
Agreement with Mr. Michael Baldwin Sr Consultants LLC
Modesto police officers and 15 community members of color. This group met for 18 sessions (4- 6 hours each) with the goal of increasing honest dialogue, understanding, and trust between law enforcement and the community in order to promote accountability, empathy, and restored relationships.
DISCUSSION:
Breaking down barriers and viewing the world through each other’s eyes was critical to the success of the Cultural Relations and Community Building pilot series and the feedback received from the police officers and community members through surveys and an end-ofcourse debriefing showed just how transformative and impactful this coaching series was.
Community members and Officers who attended this course developed lasting friendships, became advocates for each other in the community, and developed a new understanding and empathy for one other.
By all accounts, this pilot program was successful and the Modesto Police Department believes it is important to continue. The structure of the course has been reviewed and refined to a more consolidated version of the pilot program, while retaining the important and impactful components. It is the desire of the Modesto Police Department to enter into a defined term consulting contract with Michael Baldwin Sr. of Michael Baldwin Sr. Consultants LLC, to facilitate two (2), 11-hour session Cultural Relations and Community Building Coaching Series courses per year of the agreement.
Additionally, due to Mr. Baldwin’s lived experience and unique perspective, the Modesto Police Department desires to contract with Mr. Baldwin for up to 200 hours of additional consulting regarding early crime prevention, diversion programs, re-integration of incarcerated community members, and cultural relations and community building issues.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for the consulting agreement to Michael Baldwin Sr.
Consulting, LLC conforms to Modesto Municipal Code Sec. 8-3.204, subsection (a) as they are providing professional services for cultural relations and community building. This service is unique in its specification as it was developed specifically in a collaboration between the Modesto Police Department and Michael Baldwin who is the Criminal Justice liaison for a local minority advocacy group and therefore in a unique position to understand and represent the local issues and perceptions our local community of color has with the Modesto Police Department.
FISCAL IMPACT:
If approved, the department would use funding from its Supplemental Law Enforcement Services Fund (SLESF) and 2021 Edward Byrne Memorial Justice Assistance Grant (BJAG) to fund year one. Years two and three, if exercised, would be supported by the department’s General Fund training budget.
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City Council, February 1, 2022
Agreement with Mr. Michael Baldwin Sr Consultants LLC
COMMITTEE RECOMMENDATION:
This item was presented to and approved by the Safety & Communities Committee on January 10, 2022.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the agreement with Mr. Michael Baldwin Sr. Consultants LLC to provide cultural relations and community building coaching for a one-year agreement with two, one-year extension options for an annual cost not to exceed $98,500 and a total amount not to exceed $295,500 over three years, and authorizing the City Manager, or his designee, to execute the agreement.
Approved by: ____________________________________
Brandon Gillespie, Chief of Police
____________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Standard Agreement for Consultant Services – Cultural Relations & Community Building
3. Exhibit A
4. Signed Bid Waiver
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE AGREEMENT WITH MR. MICHAEL
BALDWIN SR. CONSULTANTS LLC TO PROVIDE CULTURAL RELATIONS
AND COMMUNITY BUILDING COACHING FOR A ONE-YEAR AGREEMENT
WITH TWO, ONE-YEAR EXTENSION OPTIONS FOR AN ANNUAL COST NOT TO EXCEED $98,500 AND A TOTAL AMOUNT NOT TO EXCEED
$295,500 OVER THREE YEARS, AND AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, building and maintaining community trust is a foundational principle to effective policing anywhere, and is a key priority for the Modesto Police Department, and
WHEREAS, the Modesto Police Department not only understands the importance of community engagement and developing trusting relationships with all segments of our community, and
WHEREAS, in August 2020, the City entered into an agreement with a local consultant Michael Baldwin Sr of Michael Baldwin Sr Consulting LLC to facilitate a pilot coaching series on Cultural Relations and Community Building in an effort to continue strengthening and restoring relationships in the community, and WHEREAS, due to Mr. Baldwin’s lived experience and unique perspective, the Modesto Police Department desires to enters into a consulting contract with Mr. Baldwin, to facilitate two, eleven-hour session Cultural Relations and Community Building Coaching Series courses per year of the agreement, and
WHEREAS, the Modesto Police Department desires to contract with Mr. Baldwin for up to 200 hours of additional consulting regarding early crime prevention, diversion programs, re-integration of incarcerated community members, and cultural relations and community building issues, and
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2 WHEREAS, funding for this purchase will from the Modesto Police Department’s 2021 Edward Byrne Memorial Justice Assistance Grant (BJAG) and Supplemental Law Enforcement Services Fund (SLESF) in year one, and WHEREAS, should the extension option be exercised, years two and three funding will come from the Modesto Police Department’s General Fund training budget, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid, and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-
3.204(a) “as they are providing professional services,” and WHEREAS, therefore, this purchase qualifies for exemption from the formal bidding process.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a purchasing agreement between the City of Modesto and Michael Baldwin Sr. Consultants LLC.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
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3 NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _______________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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-1- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and MICHAEL BALDWIN SR. CONSULTANTS, LLC, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that a consultant agreement should be prepared for the City to implement two courses consisting of eleven (11) interactive sessions at fifty-two (52) hours each, for a total of twenty-two sessions and one-hundred and two (102) hours, of cultural relations and community building coaching for the Modesto Police Department and community members of color. In addition, City seeks to hire Consultant to perform additional consulting services outside the scope of services attached herein as Exhibit A, regarding early crime prevention, diversion programs, re-integration of incarcerated community members, and cultural relations and community building issues, in an amount limited to two-hundred (200) hours per year at a rate of $150 per hour.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
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-2- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project".
In addition, Consultant may be engaged by City to perform additional consulting work, up to two-hundred (200) hours per year at $150 per hour, regarding early crime prevention, diversion programs, re-integration of incarcerated community members, and cultural relations and community building issues.
The Consultant shall perform the services as described in Exhibit "A", or as otherwise engaged, in a manner compatible with the standards of its profession, and shall produce a fully complete project as set forth in Exhibit “A” that is acceptable to City.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect for one year. The City shall have the right to exercise two, one-year extension options at its sole discretion, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement, or in the event that funding for the services specified in this Agreement are terminated.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
City does not guarantee that it will engage Consultant for any additional consulting work outside the scope of services set forth in Exhibit “A”, however any additional #10..
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-3- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department work that Consultant is engaged to perform outside the scope of services set forth in Exhibit “A” will be performed during the term of this Agreement set forth herein.
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed $34,250 AND 00/100 DOLLARS ($34,250.00) for each 11-session Cultural Relations and Community Building Coaching Class and not to exceed a total annual amount of $68,500 AND 00/100 DOLLARS ($68,500.00) for two sessions as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
The Consultant shall invoice the City by the hour, on the 1st of every month for time and work completed in the previous month. Additional work performed outside the scope of Exhibit A will be limited to up to two-hundred (200) hours per year at $150 per hour and not to exceed $30,000 annually for the term of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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-4- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that MICHAEL BALDWIN SR., OWNER, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that one hundred percent (100%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
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-5- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed #10..
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-6- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
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-7- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier #10..
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-8- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Michael Baldwin, Senior Consultants, LLC Address: 2601 Oakdale Rd suite 154
Modesto, Ca 95355
Attention: Michael Baldwin, Sr., Owner
Phone: (209) 482-6621
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Brandon Gillespie, Police Chief
Phone: (209) 342-6142
E-mail: [email protected]
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance #10..
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-9- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work. #10..
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-10- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.
Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number. #10..
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-11- City of Modesto
Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or when funding for the program is terminated, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed #10..
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent, reckless or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or #10..
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration #10..
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of #10..
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license. #10..
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Consultant Agreement – Cultural Relations & Community Building Coaching Series Modesto Police Department IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement, in duplicate, by its City Manager and attestation by its City Clerk, under authority of Resolution No. ______on the _____ day of _____________, 2022, and MICHAEL BALDWIN SENIOR CONSULTANTS, LLC has caused this agreement to be duly executed in duplicate as of the Effective Date. #10..
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Cultural Relations
&
Community Building
Coaching Series
FOR MODESTO POLICE DEPARTMENT
Created By: Michael Baldwin Sr.
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MISSION
To build a vision for our community favoring healing and collaborative relationships.
The Cultural Relations and Community Building Coaching Series has proven to be an effective way to rebuild and to nurture relationships between law enforcement and the communities that they serve. By using innovative techniques bias, misperception and barriers were torn down and replaced with understanding and empathy. Both law enforcement and the community experienced the transformation the process provided.
In addition to confronting the barriers
developed as a result of bias and
misperception between law enforcement
and community. The Coaching series also
provided law enforcement with an
opportunity to address their own person
trauma that can be transmitted as a result of
being exposed to crime and violence in the
line of duty. This clarity not only enhanced
their ability to connect to community. It has
also proven to be an additional tool for selfcare.
An added bonus to The Coaching series includes law enforcement engaging in transformative dialogue with Incarcerated Community Members. This component of the coaching series is designed to provide a perception shifting experience for law enforcement and the incarcerated community participants.
How it works:
The program is designed to engage law enforcement
while simultaneously gathering members of the local
community.
Training sessions preparing both groups for their
eventual face to face encounter will be conducted in
separate locations.
Once the community and law enforcement are
brought together, the remaining portion of the
training will include both groups with minimum
exceptions.
This paradigm shifting experience has proven to be
life changing and infuses enthusiasm into the
community and the ranks of law enforcement.
It’s a Win/Win for community and for law
enforcement.
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Cultural Relations & Community Engagement Coaching Series
DESCRIPTION
A community and law enforcement trust building program designed to focus on building community relationship and public safety. The coaching team invites law enforcement to develop skills and learn innovative strategies for positive sustainable community transformation and interaction. The team focuses on four areas of community transformation:
1) Accountability
2) Leadership
3) Collaboration and
4) Community of Relationships
The goal of Cultural Relations & Community Engagement Coaching Series is to increase honest dialogue, understanding and trust between law enforcement and community in order to promote Accountability, Empathy and Restored relationships.
As a result of this training:
Participants will gain insight into conscious and unconscious biases and ways it may affect decision making.
Participants will gain additional tools to change thinking and cognitive distortions that may hinder one's ability to perform their assigned task impartially.
The participant will gain knowledge on cultural humility, accountability, connection and experience empathetic engagement between Law Enforcement and community members.
Small acts, when multiplied by many people, can
transform the world." -Howard Zinn
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PROPOSED TIMELINE
4 hours Session One Introductions and Orientation.
Power of Beliefs
Emotional Reactivity
Lifestyle and Culture
4 hours Session Two Trauma and the Effects
Healing
6 hours Session Three Introduction of Community
Restoring the Ties that Bind us
Open and Honest conversation
4 hours Session Four Fear and Love
Effective Communication
Where Do Stereotypes Come From?
6 hours Session Five A Day in the Life of a community
member
Bridge Building
4 hours Session Six Facilitated Community Engagement
6 hours Session Seven The World Through the Lens of Law Enforcement
4 hours Session Eight Role Playing and Ride Along
6 hours Session Nine Perception and Reality
4 hours Session Ten Perception Vs. Reality (Part 2)
4 hours Graduation Ambassadors for Change
52 hours total
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Design and Fees
Fees covers a cohort of up to 30 participantsFee:
$34,250
Time Commitment: 52 hours. Days of the week and hours per session may be adjusted to accommodate optimum participation.
Participants are asked to commit to attending all sessions due to the Reflective Practice process that is a vital component of the program. (Except during emergency situations beyond their control.) Community member participants will be given a $50 gift card for every 2 sessions they attend. (Resources to provide for this expenditure will come from a grant provided by a community based Non-Profit & donors.)
Location: TBD
Materials: Materials will be provided via online access and in session.
Format: Sessions will include mini-lectures, discussions, facilitated exercises, individual participant action planning, and opportunities for self-reflection.
Your contact person for this project is;
Mr. Michael Baldwin
Phone # 209-482-6621
Email: [email protected]
www.mabsenior.com
We look forward to leading the nation in building positive relationships between law enforcement and the communities they serve.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: GeoShield Software Agreement with Spatialitics LLC CONTACT: Brandon Gillespie, Chief of Police, [email protected], 209-572-9500 DESCRIPTION:
Consider approving an agreement with Spatialitics LLC, to provide access to geo-enabled software (GeoShield) products and services for a three-year term with two, one-year extension options at an estimated annual cost of $73,500, for an estimated total not to exceed $357,000 over five years. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
In April 2016, the Modesto Police Department began the process of building the Real Time Crime Center (RTCC). The mission of the RTCC was to enhance the response and effectiveness of officers in the field. The RTCC is equipped with a video wall and multiple workstations, allowing staff to assist field personnel in real-time by immediately researching calls for service, monitoring accessible video surveillance cameras, and analyzing/disseminating important crime bulletins and/or trends. As in-progress crimes are received, the RTCC has the ability to quickly view any accessible surveillance cameras in the area and relay the information to responding officers, thus increasing the likelihood of suspect apprehension and increasing officer safety.
In February 2017, the Modesto Police Department entered into a five-year contract with CyberTech Systems and Software, Inc. and ESRI (RFP 1617-04, RESO No.2017-52) to provide the real-time crime dashboard and infrastructure for the RTCC. In 2019, Cyber Tech’s executive management decided to launch Spatialitics LLC as a separate entity to manage their product development and subscriptions. Spatialitics LLC is a wholly owned subsidiary of Cyber Tech.
The current contract ends on February 14, 2022. During the past five years, the Modesto Police Department has utilized Spatialitics’ GeoShield platform to monitor field resources, calls for service, view live camera feeds of in progress incidents, and conduct analysis of statistical data and policing efforts.
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City Council, February 1, 2022
Spatialitics LLC Agreement
DISCUSSION:
The GeoShield platform provides a robust suite of features that allow MPD staff to both conduct a “10,000 foot” view of current law enforcement operations and a detailed, granular view of a particular incident in a way that promotes the safe and efficient use of Modesto Police Department and City of Modesto resources.
In addition to maintaining existing functionality, the proposed contract includes roadmap items for additional features and functionality, further enhancing department efficiencies and situational awareness for operational, investigative, and administrative purposes.
The Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. MMC 8-3.204(c) provides where the Purchasing Manager, in his or her discretion, can determine that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent circumstances. Over the last five years of the existing contract, a significant amount of time, energy and funding has been invested in the GeoShield Platform to provide a customized experience to meet the needs and specifications of the Modesto Police Department; additionally, it has been proven to provide interoperability with several other software programs that the department currently employs. Here, as the department is reaching the end of a fiveyear contract with CyberTech (now to be named Spatialitics), discontinuation of use of the GeoShield platform would mean the loss of several productive tools developed in conjunction with the Modesto Police Department, and render the existing system inoperable. Therefore, staff recommends that continuation of this existing contract, originally awarded through a competitive bidding process, be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(c).
FISCAL IMPACT:
Funding for this purchase will come from the City of Modesto General Fund for each year of the contract as has been the case for the prior contract. Overall there will be an increase to the line item for this contract in the amount of $19,500 annually. The increase for the current fiscal year will be absorbed by the department operating budget. Upon approval, the line item for this contract will be increased by $19,500 in each subsequent fiscal year.
COMMITTEE RECOMMENDATION:
This item was presented to and approved by the Safety & Communities Committee on January 10, 2022.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Agreement with Spatialitics LLC to provide access to geo-enabled software (GeoShield) for a three-year agreement with two, one-year extension options for annual cost not to exceed $73,500, and a total amount not to exceed $357,000 over five years, and to authorizing the City Manager, or his designee, to execute the agreement. #11..
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City Council, February 1, 2022
Spatialitics LLC Agreement
Approved by: ____________________________________
Brandon Gillespie, Chief of Police
____________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Spatialitics GeoShield Agreement – Draft
3. Fully Signed Bid Waiver
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE AGREEMENT WITH SPATIALITICS LLC
TO PROVIDE ACCESS TO GEO-ENABLED SOFTWARE (GEOSHIELD) FOR
A THREE-YEAR AGREEMENT WITH TWO, ONE-YEAR EXTENSION
OPTIONS FOR AN ANNUAL COST NOT TO EXCEED $73,500, AND A TOTAL AMOUNT NOT TO EXCEED $357,000 OVER FIVE YEARS, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, in February 2017, the Modesto Police Department entered into an agreement with CyberTech Systems and Software, Inc to provide the real-time crime dashboard and infrastructure for RTCC (RFP 1617-04, RESO No 2017-52), and WHEREAS, CyberTech’s executive management decided to launch Spatialitics LLC as a separate entity to manage their product development and subscriptions, and WHEREAS, Spatialitics LLC is a wholly owned subsidiary of CyberTech, and WHEREAS, funding for this purchase will be from the Modesto Police Department’s General Fund operating budget for each year of the contract as has been the case for the prior contract, and
WHEREAS, the increase for the current fiscal year will be absorbed by the department operation budget, and upon approval, the line item for this contract will be increased by $19,500 in each subsequent fiscal year, and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid.
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-
3.204(c) “provides where the Purchasing Manager, in his or her discretion, can determine #11..
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2 that calling for bids on a competitive basis as set forth in Section8-3.203 is undesirable due to exigent circumstances,” and
WHEREAS, therefore, this purchase qualifies for exemption from the formal bidding process.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a purchasing agreement between the City of Modesto and Spatialitics LLC.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of February, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _______________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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Spatialitics LLC Subscription Agreement
This Subscription Agreement (“Agreement”) is made this _________of February 2022 (“Effective Date”), between Spatialitics, LLC, a Delaware limited liability company, 1301 West 22nd Street, Suite 308, Oak Brook, IL 60523, USA (“Spatialitics”), and The City of Modesto California, 610 10th Street, Modesto, CA 95354 (“Subscriber”).
Spatialitics provides subscribers with access to geo-enabled software products and services, which are delivered in a software-as-a-service (“SaaS”) model. Subscriber desires to obtain, and Spatialitics is willing to grant Subscriber, a subscription to access the software products and services under this Agreement.
Spatialitics and Subscriber therefore agree as follows:
1. Definitions. For purposes of this Agreement, the following definitions apply:
1.1 “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement and Exhibits, the Subscriber Data, the Subscription, business and marketing plans, technology and technical information, product designs, and business processes.
1.2 “Documentation” means all generally available documentation relating to the Software Products and the Subscription, including all user manuals, operating manuals, and other similar instructions, specifications, and materials.
1.3 “Intellectual Property Rights” means any and all rights comprising or relating to: (i) patents, patent disclosures, and inventions (whether patentable or not); (ii) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with their goodwill; (iii) authorship rights, copyrights, and copyrightable works (including computer programs), and rights in data and databases; (iv) trade secrets and know-how; (v) rights of privacy and publicity; and (vi) all other intellectual property rights, in each case whether registered or unregistered. Intellectual Property Rights include all applications for, and renewals or extensions of, those rights, and all similar or equivalent rights or forms of protection provided by applicable Law. #11..
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FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 2
CONFIDENTIAL
1.4 “Law” means any U.S. or applicable State statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement or rule.
1.5 “Software Products” means Spatialitics’ software products and services that constitute the Subscription as identified in Exhibit A, but this definition excludes the products and services provided by Spatialitics’ third-party hosting provider.
1.6 “Subscriber Data” means all information, data, materials, works, expressions, or other content, including any that are (i) uploaded, submitted, posted, transferred, transmitted, or otherwise provided or made available by Subscriber, on Subscriber’s behalf, or by any User for processing by the Subscription; or (ii) collected, downloaded, or otherwise received by the Spatialitics for Subscriber or any User under this Agreement. Subscriber Data includes (a) all output, copies, reproductions, improvements, modifications, adaptations, translations, and other derivative works based on, derived from, or otherwise using any Subscriber Data; and (b) User Data. Subscriber Data does not include Spatialitics’ Materials.
1.7 “Subscription” means the Software Products that are provided via the internet as a SAAS model using Subscriber Data with the Software Products.
1.8 “Users” means employees, contractors, or equipment suppliers who are authorized by Subscriber and who have been issued a User ID and password to access and use the Subscription.
1.9 “User Data” means all information reflecting the Subscriber’s or any User’s access to or use of the Subscription, including any end-user profile, visit, session, impression, clickthrough, or click-stream data and any statistical or other analysis, information, or data based on or derived from any of this information.
1.10 “Spatialitics’ Materials” means the following that Spatialitics uses or creates in providing the Subscription: all forms, methodologies, processes, techniques, ideas, concepts, software, trade secrets, know-how, copyrights, trademarks, and other intellectual property rights. Spatialitics’ Materials do not include Subscriber Data or User Data.
2. Terms of Software Subscription.
2.1 Grant of Rights. Spatialitics hereby grants to Subscriber a non-exclusive, royalty-free, non-transferable, limited-term right and license, without the right to sub-license, for Users to (i) access, display, and use the Subscription remotely via the internet solely for Subscriber’s internal business purposes; and (ii) use, execute, reproduce, and modify the #11..
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FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 3
CONFIDENTIAL
Spatialitics’ Materials solely to the extent necessary to properly access or use the Subscription. Spatialitics and its licensors reserve all rights to the Subscription not expressly granted to Subscriber in this Agreement, including all Intellectual Property Rights related to (a) the Software Products and Subscription; and (b) any software created or provided to Subscriber under any Statement of Work.
2.2 Hosting. The Software Products will be hosted on a third-party cloud platform provided or approved by Spatialitics. Depending on the configuration, certain third-party licenses may be required to properly operate the Software Products. Exhibit A lists these licenses.
2.3 Open Source Software. The Software Products may include open source software as listed on and subject to Exhibit B.
2.4 Additional Services. Any additional services that Spatialitics has agreed to perform are identified in a Statement of Work attached as Exhibit C. Any services provided by Spatialitics in any attached or subsequent Statement of Work are subject to the terms and conditions of this Agreement.
2.5 Compliance with Law. Subscriber shall use the Software Products and the Subscription only in accordance with applicable Law.
2.6 Restrictions on Use. Subscriber shall not (i) reproduce, display, download, modify, create derivative works of, or distribute the Subscription, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software Products; (ii) use the Subscription, or any Software Product, in the operation of a service bureau to support or process any data of any party other than Subscriber; (iii) permit any party other than the then-currently authorized Users to independently access the Subscription; (iv) access the Subscription by any means other than over the internet using Spatialitics’ supported technology; or (v) access the Subscription other than through the authorized User ID and password. Spatialitics reserves the right to include a license key or other means within the Subscription to limit its use to the then-currently authorized Users and to enforce the restrictions stated in this Agreement on Subscription use.
2.7 Authorized Use Only. Subscriber is responsible for the Users’ acts and omissions.
Subscriber shall implement reasonable controls to ensure that only authorized Users access and use the Subscription. Subscriber shall promptly notify Spatialitics of any unauthorized access to or use of the Subscription. Subscriber shall take all reasonable steps to ensure that each User’s access and use of the Subscription complies with this Agreement. Subscriber is responsible for User non-compliance within Subscriber’s reasonable control and will cooperate with Spatialitics in enforcing this Agreement #11..
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FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 4
CONFIDENTIAL
against Users who are third-party contractors or equipment-suppliers. On prior written notice to Subscriber, Spatialitics may immediately discontinue a User’s access to or use of the Subscription if the User breaches this Agreement or otherwise impedes or disrupts any third party’s permitted use of the Subscription.
3. Payment.
3.1 Subscription Fee. Subscriber shall pay Spatialitics the Annual Subscription Fee in accordance with the payment schedule stated in Exhibit D.
3.2 Payment Terms and Period. All payments under this Agreement will be in U.S. currency, due thirty days after invoice (the “Payment Period”), and payable to Spatialitics at Spatialitics LLC, 1301 West 22nd Street, Suite 308, Oak Brook, IL 60523, USA by check or wire transfer:
Account No.:0801658849
Routing No.: 271070801
Bank: Citibank N.A, 1900 Spring Road, Oak Brook, IL 60523 Or to such other account that Spatialitics may designate in writing.
If any payments have not been received by Spatialitics by the end of the Payment Period, late interest will accrue on the unpaid charges at the rate of 1.5% per month until paid. In such circumstances, Spatialitics may condition future Subscription renewals on a shorter Payment Period and may recover all costs to collect the amounts due, including attorneys’ fees and expenses.
4. Term and Termination.
4.1 Initial and Renewal Terms. This Agreement will become effective as of the Effective Date and will continue in full force for the initial term stated in Exhibit D, subject to Subscriber complying with all terms and conditions. If the initial term is not stated in Exhibit D, the initial term will be three years from the Effective Date. Thereafter, this Agreement will automatically renew for additional one-year renewal terms, unless either party provides the other with 90 days’ written termination notice that will become effective on the last day of the initial term or the current renewal term (the “Term”).
4.2 Mutual Right to Terminate. Either party may terminate this Agreement or a Statement of Work by written notice to the other party: (i) if the other party breaches this Agreement or the applicable Statement of Work and fails to cure the breach within 15 days of receiving written notice of breach from the non-breaching party; (ii) the other #11..
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party commences a voluntary case under title 11 of the U.S. Code or the corresponding provisions of any successor laws; (iii) anyone commences an involuntary case against the other party under title 11 of the U.S. Code or the corresponding provisions of any successor laws and either (a) the case is not dismissed by midnight at the end of the 60th day after commencement; or (b) the court before which the case is pending issues an order for relief or similar order approving the case; (iii) a court of competent jurisdiction appoints, or the other party makes an assignment of all or substantially all of its assets to, a custodian (as that term is defined in title 11 of the U.S. Code or the corresponding provisions of any successor laws) for the party or all of substantially all of its assets; (iv) the other party fails generally to pay its debts as they become due (unless those debts are subject to a good faith dispute as to liability or amount) or acknowledges in writing that it is unable to do so; or (v) the other party suspends or ceases, or threatens to suspend or cease, all or a substantial part of its business.
4.3 Effect of Termination. On termination, this Agreement and the license to the Software Products will be deemed terminated and revoked, and Subscriber shall no longer have the right to use the Software Products or the Subscription. If Subscriber continues to use the Software Products or Subscription after termination, Spatialitics will suffer irreparable harm, entitling Spatialitics to injunctive relief and appropriate compensation from the court, including attorneys’ fees and costs.
4.4 Return of Subscriber Data. On Subscriber’s written request that Spatialitics must receive within 30 days after the termination of this Agreement, Spatialitics will make available to Subscriber for download a file containing Subscriber Data in comma separated value (.csv) format along with attachments in their native format. After that period, Spatialitics has no obligation to maintain or provide any Subscriber Data and will thereafter, unless legally prohibited, delete all Subscriber Data in its systems or otherwise in its possession or under its control.
4.5 Surviving Provisions. The following provisions will survive any termination or expiration of this Agreement: section 1 and sections 3 through 11.
5. Confidentiality.
5.1 Non-Disclosure. During the Term and for five years thereafter, the Receiving Party shall not disclose or use any Disclosing Party’s Confidential Information for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission.
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obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
5.3 Protection Standard. Each party agrees to protect the confidentiality of the other’s Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).
5.4 Disclosures Compelled by Law. If the Receiving Party is compelled by Law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior written notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
5.5 Injunctive Relief. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of these confidentiality protections, the Disclosing Party may, in addition to any other remedies available to it, seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.
6. Warranties; Limitations; Disclaimer.
6.1 Mutual Warranties. Each party warrants to the other that: (i) it has the right to enter into this Agreement; (ii) there are no liens, conveyances, mortgages, assignments, encumbrances or other agreements to which it is a party or by which it is bound that would prevent or impair the full exercise of all substantive rights granted to the other party under this Agreement; (iii) it is not the subject of a voluntary or involuntary bankruptcy petition or any similar insolvency proceeding; (iv) it does not contemplate filing any voluntary bankruptcy petition or insolvency proceeding; and (v) it does not have reason to believe that an involuntary bankruptcy petition or insolvency proceeding will be filed against it.
6.2 Spatialitics’ Warranties. Spatialitics warrants that the Subscription:
6.2.1 functions substantially in accordance with the Documentation, in compliance with Law, and in a manner consistent with reasonably applicable general industry standards;
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6.2.2 is, as of the Effective Date, hosted by a nationally recognized hosting services provider that is FedRAMP certified;
6.2.3 is regularly checked for any virus, malware, or other harmful code using industry standard anti-virus software; and
6.2.4 that the hyperlink to all open source software embedded within the Subscription is listed on Exhibit B.
6.3 Limitations. The warranties in section 6.2 do not apply to, and Spatialitics is not liable for, defects, errors, or non-conformities resulting from (i) Subscriber’s (or a Subscriber contractor’s) unauthorized, improper, or inadequate Subscription configuration; (ii) Subscriber’s use of software, hardware, interfacing, or supplies not supplied by Spatialitics if the use was not described or permitted in the Documentation; or (iii) Subscriber’s (or its contractor’s) improper site preparation or maintenance; or (iv) Subscriber Data.
6.4 Warranty Remedy and Disclaimers. For breach of a warranty stated in section 6.2.1, Spatialitics’ sole and exclusive responsibility, and Subscriber’s sole and exclusive remedy, is for Spatialitics to, as applicable and at no cost or expense to Subscriber, correct or replace any defective or non-conforming Subscription component.
6.4.1 Except as provided in section 6.2.1, Spatialitics provides, and Subscriber accepts the Software Products and Subscription “as is.” Spatialitics provides no warranties as to the function or use of the Software Products or Subscription, whether express, implied, or statutory, including any implied warranties of merchantability or fitness for a particular purpose.
Spatialitics does not warrant that the Software Products or Subscription will meet Subscriber’s requirements or that the Software Products or Subscription will be (i) available to Subscriber on an uninterrupted basis; or (ii) free of errors; or (iii) that Spatialitics’ hosting services provider will safeguard Subscriber Data from unauthorized access or disclosure.
Subscriber acknowledges that Spatialitics does not control Subscriber’s use of the Software Products or Subscription, and further acknowledges that Spatialitics does not control the quality or accuracy of any Subscriber Data that is processed by the Software Products or Subscription. #11..
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7. Limitation of Liability.
7.1 Except for Spatialitics’ indemnity liability stated in section 8, Spatialitics’ aggregate liability arising out of or related to this Agreement, whether in contract, tort, strict liability, or under any theory of liability, will not exceed the greater of (i) an amount equal to three times the Annual Subscription Fee actually paid by or due from Subscriber in the 12 months preceding the incident giving rise to liability; or (ii) $100,000.
7.2 In no event will either party have any liability to the other party for any lost profits arising from collateral business transactions or for any indirect, consequential, special, or punitive damages however caused and whether in contract, tort, strict liability, or under any theory of liability, whether or not the party claiming those damages advised the other party of the possibility of the damages.
7.3 These liability limitations are an essential part of this Agreement. Spatialitics would not permit Subscriber to access the Subscription or use the Software Products without these limitations. Subscriber fully understands these liability limitations.
8. Indemnification.
8.1 Spatialitics’ Indemnity for Intellectual Property Rights Infringement. Spatialitics shall defend, indemnify, and hold harmless Subscriber against all Losses arising out of or relating to a demand, claim, or suit that the Subscription infringes a third-party’s Intellectual Property Rights.
8.2 Infringement Remedies. If the Subscription or Software Product becomes, or in Spatialitics’ opinion is likely to become, the subject of an Intellectual Property Right infringement claim, Spatialitics may, at its sole option, and expense, either (i) procure for Subscriber the right to continue using the Software Product; (ii) replace or modify the Software Product so that it becomes non-infringing; or (iii) only if option “i” or “ii” is not feasible, terminate Subscriber’s right to use the infringing Software Product and give Subscriber a refund or credit for the Subscription Fee paid by Subscriber for the infringing Software Product less an allowance for the period of time that Subscriber used the Software Product in a production capacity during the Term. This section states Subscriber’s sole and exclusive remedies for Intellectual Property Rights infringement claims and actions.
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8.3 Exceptions. Spatialitics is not obligated with respect to any Intellectual Property Right infringement claim based on: (i) use of the Software Product in combination with software or equipment not supplied or directed by Spatialitics if the claim would have been avoided by not combining that use; (ii) unauthorized modification of the Software Product if the claim would have been avoided by not making the modification; (iii) continued use of the Software Product after Spatialitics notified Subscriber in writing that the claim would have been avoided by ceasing that use; or (iv) the use of the Software Product contrary to this Agreement, or in a manner for which the Product was not designed or contemplated, where the claim would have been avoided without that use.
8.4 Spatialitics’ Indemnification. Spatialitics shall defend, indemnify and hold harmless Subscriber and its officers, directors, agents, and employees from and against any and all third-party losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, court costs or expenses, including reasonable attorneys’ fees and expert witness fees (collectively, “Losses”) arising out of or relating to: (i) Spatialitics’ breach of this Agreement; (ii) Spatialitics’ violation of any applicable Law; or (iii) the following, but only to the extent arising out of Spatialitics’ negligence or willful misconduct: damage or destruction to property (including Subscriber Data) or personal injury (including death). But Spatialitics’ indemnity liability in this section 8.4 will in no event exceed the sum of one hundred thousand dollars ($100,000.00) aggregated for all covered Losses.
8.5 Subscriber’s Indemnification. Subscriber shall defend, indemnify and hold harmless Spatialitics and its officers, directors, agents, and employees from and against any and all third-party Losses arising out of or relating to: (i) Subscriber’s breach of this Agreement; (ii) Subscriber’s violation of any applicable Law; (iii) Subscriber’s misuse or use of the Subscription other than as permitted by this Agreement; (iv) use of Subscriber Data that infringes a third-party’s Intellectual Property Rights; or (v) the following, but only to the extent arising out of Subscriber’s negligence or willful misconduct: damage or destruction to property or personal injury (including death). But Subscriber’s indemnity liability in this section 8.5 will in no event exceed the sum of one hundred thousand dollars ($100,000.00) aggregated for all covered Losses.
8.6 Conditions. The party seeking indemnification will (i) promptly notify the other party of the claim or action; (ii) give the other party sole control of the defense and settlement of the claim or action (but the indemnifying party may not settle or defend any claim or action unless it unconditionally releases the other party from all liability); and (iii) provide the other party all available information and assistance. To receive the indemnities in this section, the party seeking indemnification must notify the other of a #11..
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claim or suit promptly and provide reasonable cooperation (at the indemnifying party’s expense) and full authority to defend or settle the claim or action.
9. Assignment. This Agreement will inure to the benefit of, and be binding upon, the parties’ successors and assigns, but no purported assignment or transfer by Subscriber of this Agreement or any part thereof will have any force or validity unless approved in writing by Spatialitics, whose approval shall not be unreasonably withheld or delayed.
Notwithstanding the foregoing, Subscriber may assign this Agreement (together with all grants, obligations and provisions herein), without such approval, to any third party that acquires a majority of the Subscriber’s assets or business to which this Agreement relates (whether by merger, stock sale, asset sale or otherwise).
10. Force Majeure Events.
10.1 For any failure or delay in fulfilling or performing this Agreement, neither party will be (i) liable or responsible to the other party; or (ii) considered to have breached this Agreement, when and to the extent that the failure or delay is caused by the following (each, a “Force Majeure Event”):
10.1.1 acts of God, flood, fire, explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the Effective Date;
10.1.2 national or regional emergency, labor stoppages, or any enactment of Laws; or
10.1.3 any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition
10.2 In each case, to qualify as a Force Majeure Event, (i) the event must be outside the affected party’s reasonable control; (ii) the affected party must promptly notify the other party of how long the event is expected to continue; and (iii) the affected party must use its best efforts to resume its performance under this Agreement and minimize the damages to the other party.
10.3 Subscriber may terminate this Agreement by notice to Spatialitics if a Force Majeure Event affecting Spatialitics’ performance continues for a period of 30 days or more.
Unless Subscriber terminates this Agreement, any date specifically designated for Spatialitics’ performance under this Agreement will automatically be extended for the duration of the Force Majeure Event.
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of the Subscription unless the result of general and widespread internet or telecommunications failures that are not limited to the Subscription.
11. General Provisions.
11.1 EU General Data Protection Regulation (“GDPR”). Subscriber shall notify Spatialitics if it intends to use the Subscription with data that is subject to protection under the GDPR. The notice shall require the parties to discuss GDPR compliance requirements including data assessments, data mapping, and approval of a Data Protection Addendum under which Spatialitics will be a “Processor” and Subscriber the “Controller” as those terms are defined under the GDPR. Subscriber will not use the Subscription with data that is subject to GDPR protection until such time as the parties have achieved GDPR compliance.
11.2 Trademarks and Logos. Nothing in this Agreement grants Subscriber the right to use Spatialitics’ trade names, trademarks, service marks, and logos, but Spatialitics may include Subscriber’s name and logo in a published list of Spatialitics’ customers or in a mutually agreed press release.
11.3 Recommendations. All recommendations that Subscriber receives from Spatialitics are subject to this Agreement. Spatialitics assumes no liability for Subscriber’s failure to follow these recommendations.
11.4 Notice. All notices, demands, and consents that either party may desire to give to the other, or that may be required under this Agreement (except for routine business communications that are not intended as legal notices) must be in writing. The notice is effective on receipt in the United States after having been sent by private courier or by registered or certified U.S. mail and addressed as follows:
For notice to Spatialitics:
Steven Jeske
Spatialitics, LLC
1301 West 22nd Street, Suite 308
Oak Brook, IL 60523 USA
With a copy via email and regular mail to:
Joseph M. Vanek
Sperling & Slater, P.C.
55 W. Monroe, Suite 3200
Chicago, Illinois 60603
[email protected]
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For notice to Subscriber:
Michelle Belarmino
Modesto Police Department
600 10th Street
Modesto, CA, 95354
or to such other address that the party to whom notices are to be sent designates in writing.
11.5 No Waiver. No failure or delay to act upon any default or to exercise any right, power, or remedy hereunder will operate as a waiver of any such default, right, power, or remedy.
11.6 Dispute Resolution.
11.6.1 Arbitration. All disputes, controversies, and claims arising out of or in connection with this Agreement, or the breach, termination or invalidity hereof, including tort claims, will be settled through friendly consultation among the parties. If the dispute cannot be settled through friendly consultation within thirty days after written notice is first given of the dispute, then it will be settled only by arbitration in accordance with the rules and procedures of the American Arbitration Association.
The arbitration will take place in Chicago, Illinois, and the applicability of this arbitration provision to any dispute will be resolved by the arbitrator.
11.6.2 Arbitration Procedures. There will be one arbitrator to be mutually agreed upon by the parties. If no arbitrator can be mutually agreed upon, the American Arbitration Association will appoint one at a party’s request. The arbitrator has no authority to:
(i) award relief in excess of what this Agreement provides; or (ii) award punitive damages or any other damages not allowed by this Agreement. The arbitration fee and both parties’ attorneys’ fees will be borne by the losing party. In the course of arbitration, the parties will continue to respect the Agreement insofar as is reasonably practical except the part of the Agreement that is under arbitration. All arbitration claims must be brought within one year of the date the claim accrued and, if this one-year limitation is not enforced for any reason, in no event will a claim be permitted beyond the time period allowed by the applicable statute of limitations. #11..
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11.6.3 No Class Actions. Subscriber shall not bring any collective or class action in court or in arbitration against Spatialitics but will only pursue its own individual claims. This section does not prevent either party from seeking injunctive relief, including specific performance, against the other party in any court having jurisdiction.
11.7 Entire Agreement. This Agreement, together with the attached exhibits, constitutes the entire understanding of the parties with respect to its subject matter and supersedes all prior oral or written negotiations, agreements and understandings.
This Agreement may not be modified or amended except in writing signed by authorized persons on the parties’ behalf. If any conflict exists between the main body of this Agreement and any exhibit, the main body of this Agreement will control.
11.8 Severability. If any provision of this Agreement is or becomes or is deemed invalid, illegal or unenforceable under applicable Laws, such provision will be deemed amended to the extent necessary to conform to those Laws. If it cannot be so amended without materially altering the parties’ intent, it will be stricken, and the remainder of this Agreement will remain in force.
11.9 Governing Law. The validity, construction, interpretation, and performance of this Agreement, and any disputes or legal actions arising under or from this Agreement, is governed by the laws and regulations of the United States of America and the State of Illinois, as applied to contracts made and to be performed entirely within the State of Illinois.
11.10 Further Actions. Each party agrees to take or cause to be taken such further actions, and to approve, execute, deliver, and file or cause to be approved, executed, delivered and filed, such further documents and instruments, and to obtain such consents, as may be reasonably required or requested in order to fully effectuate the Agreement.
11.11 Captions. The captions and headings used in this Agreement are inserted for convenience only, do not form a part of this Agreement, and shall not be used in any way to construe or interpret this Agreement.
11.12 Counterparts. This Agreement may be signed (including facsimile or imaged signatures) in one or more counterparts, with the same effect as if the parties had signed the same document. Each signed counterpart will be deemed to be an original, and all the counterparts will be construed together as one Agreement. #11..
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The parties are signing this Agreement by their authorized officers or agent on the Effective Date.
SPATIALITICS, LLC
Date: ______________, 2021 By: ___________________________________ Name: Vince A Rosales
Title: Vice President
SUBSCRIBER
_________________________
Date: ______________, 2021 By: _________________________________ Name: Joseph P. Lopez
Title: City Manager
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Exhibit A
Software Products, Third Party Licenses, and Availability Software Products – Hosted in the Azure Government Cloud:
o GeoShield Real Time (Incl. Crime Analysis Dashboard / Real Time Dashboard) Software Products – Hosted on-premise server(s)
o Support for GeoShield Status Monitor
o GeoShield Insights Dashboard
o GeoShield Unity Connector
o GeoShield Real Time Media Stream Relay
o GeoShield Public Camera Registration
Availability: The Software Products provided by this Subscription Agreement depends on (i) the third-party resource selected by Spatialitics to host the Software Products; (ii) the functioning of the Software Products; and (iii) the connection Subscriber uses to access the Software Products.
The availability standard for each of these components is as follows:
o 24x7, subject to normal prearranged downtimes for maintenance in off hours and provider outages beyond Spatialitics’ control.
o Spatialitics shall provide daily help desk in connection with the Software Products Monday to Friday (8AM to 5PM EST).
Product Overview
Spatialitics’ product, GeoShield™ Real Time transforms Police Agencies into Real-Time Crime Centers.
Unlike any other product, GeoShield is a Force-Multiplier that effectively utilizes Agency Data and Video Integration to assist in daily operations and Real-Time Incident Management.
GeoShield Real Time provides agencies the ability to visualize their crime data, conduct crime analysis, compare locations of incidents with other data and information, and stream live video feeds, all from a single, easy to use interface. These functions are accomplished with the use of GeoShield Unity Connector and the GeoShield Real Time Media Stream Relay. GeoShield Real Time alerts users of crucial priority events, which allow users to respond quicker and more efficiently. Further analysis of crime data provides informational pieces to allow the agency to address growing problems within their community and act accordingly.
Spatialitics’ product, GeoShield™ Insight Dashboard is a Force-Multiplier that effectively provides the management of requests for information as they are received, as well as suspicious activity reports and tips. Management and searching of documents throughout the application allow for timesaving and efficiency throughout the agency, allowing analysts to focus on the work necessary to mitigate crime.
GeoShield Insights Dashboard allows for the generation of reports to help agencies understand their crime data, report effectively, manage resources, and allocate additional staff when necessary; all from a single, easy to use interface.
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Exhibit B
List of Open Source Software and Links to Terms and Conditions Governing Use INCLUDED IN COMPANY’S WEBSITE at ATTRIBUTION REPORT (spatialitics.net) #11..
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Exhibit C
Statement of Work
GEOSHIELD REAL TIME
GEOSHIELD INSIGHTS DASHBOARD
Software as a Service (SaaS) Subscription
Modesto Police Department, Modesto California
October 5, 2021
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TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................1
1. AGREEMENT ............................................................................................................2
2. PROJECT BACKGROUND ..............................................................................................2
3. COMMENCEMENT DATE ..............................................................................................2
4. SCOPE OF SERVICES ...................................................................................................2
5. OPERATIONS AND GOVERNANCE: ..................................................................................3
5.1. Escalation Process ...................................................................................3
5.2. Change Management...............................................................................3
5.3. Key Contacts ...........................................................................................3
5.4. Reports ...................................................................................................4
5.5. Service Levels..........................................................................................4
6. EXCLUSIONS ............................................................................................................5
7. ASSUMPTIONS & DEPENDENCIES ...................................................................................5
8. MODESTO GEOSHIELD SAAS SUBSCRIPTION DETAILS ..........................................................6
9. ROADMAP AND NEW FEATURE CLIENT INCLUSION..............................................................7
10. PRICING AND PAYMENT TERMS.....................................................................................7
11. SIGNATURE .............................................................................................................9 APPENDIX – 1: DESCRIPTION OF SERVICES...........................................................................10
1. MONITORING.........................................................................................................10
2. SERVICE DESK ........................................................................................................10
2.1. Ticket Management ...............................................................................10
2.2. L1 Support ............................................................................................10
2.3. Escalations ............................................................................................10
3. GEOSHIELD REAL TIME SUPPORT .................................................................................10
3.1. Incidents: ..............................................................................................10
3.2. Service Requests ...................................................................................10 APPENDIX – 2: SERVICE LEVELS ........................................................................................11
1. SERVICE PRIORITY DEFINITIONS ..................................................................................11
2. PRIORITY DEFINITION / DESCRIPTION ...........................................................................11
3. SERVICE LEVELS ......................................................................................................11 APPENDIX – 3: IN-SCOPE COMPONENTS .............................................................................12 APPENDIX – 4: CHANGE MANAGEMENT..............................................................................13 #11..
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1. AGREEMENT
This GeoShield Real Time Statement of Work (“SoW”) is governed under the Subscription Agreement (the “Agreement”) between Spatialitics LLC (“Spatialitics”, “us” or “our”) and Modesto Police Department, City of Modesto California (“MPD”, “Client”, “you” or “your”). Capitalized terms in this SoW shall have the same meaning as those in the Agreement, unless otherwise indicated below.
2. PROJECT BACKGROUND
GeoShield has been in use by the Modesto Police Department providing a solution that will allow integration of multiple camera feeds and provide a real time view into their crime and call for service data. GeoShield has been operational in the Modesto Police Department since 2017 fulfilling the requirements identified by MPD.
This SoW and Subscription agreement is a continuation of the previous 5-year GeoShield Annual Subscription agreement which was put into effect on February 14, 2017, and following the Response to the Request for Proposal and Specifications No 1617-04. The initial Annual subscription was for the GeoShield Software and 30 Concurrent Users.
This SoW will provide MPD subscription to GeoShield for a 5-year term (3 years + 2 optional years) with a total of 50 concurrent users.
3. COMMENCEMENT DATE
The intended commencement date is 2/14/2022.
4. SCOPE OF SERVICES
Subject to the terms described in this SoW, the GeoShield SaaS Subscription includes:
Service Details In-Scope Components
Operations and
Maintenance
7x24 monitoring
Dedicated service desk
Incident resolution
Change management
Version upgrades & patch management
L1, L2 and L3 support
GeoShield Real Time
o Crime Analysis Dashboard
o Real Time Dashboard
GeoShield Unity Connector
GeoShield Insights Dashboard
GeoShield Real Time Media Relay
GeoShield Public Camera Reg. Portal
Appendix – 1: Description of Services provides detailed description of various services included in the scope of this SoW.
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5. OPERATIONS AND GOVERNANCE:
Both parties will use the following governance structure to address any issues and conflicts.
5.1. ESCALATION PROCESS
The engagement will facilitate a monthly call with the Product Manager and a Quarterly Status Review with Spatialitics Executive Management and Client Team. All the escalation team members’ contact details will be made available to the Client team and can be reached any time for any issue escalation.
Manager-Level Meetings: Spatialitics and Client governance team will participate in monthly status meetings.
Key Stakeholder Meetings: Additionally, Spatialitics and Client will hold quarterly meetings to discuss any outstanding issues and the overall strategic direction of the relationship.
5.2. CHANGE MANAGEMENT
It may become necessary to amend this SoW based on changes in the Client’s requirements or other factors leading to the change in the scope. In the event either party desires to change this SoW, the procedures described in Appendix -4: Change Management will apply.
5.3. KEY CONTACTS
Vince Rosales
[email protected]
+1 303-321-0592
Spatialitics LLC Account Executive
Nicholas Poorte
[email protected]
+1 506-886-8344
Product Manager
Lt Thomas Moffett
[email protected]
Chief Brandon Gillespie
[email protected]
Modesto Police Department,
City of Modesto, California
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5.4. REPORTS
To ensure transparency and provide detailed operational information, Spatialitics will submit or make available the following reports to the Client when necessary:
REPORT CONTENTS
Quarterly Review major accomplishments for the period
Review and discuss upcoming initiatives
Review quarterly performance with executive staff
Overall service performance
5.5. SERVICE LEVELS
Spatialitics will provide the Services as per the SLAs discussed in this section.
Spatialitics will report its performance based on these SLAs. A detailed description of the Service Levels can be found in Appendix – 2: Service Levels Service Service Level Service Level Agreement (SLA)
Response Time P1: 30 Minutes
P2: 30 Minutes
P3: 4 hours
P4: 1 business day
97%
Resolution Time P1: 24 continuous hours
P2: 1 business day
P3: 4 business days
P4: Scheduled
Target 97%*
5.5.1. Coverage Window
Services described in this SoW will be available during the Coverage Window mentioned here.
SLAs will be measured only during the Service Window. Spatialitics will exercise reasonable efforts to provide services outside the Coverage Window. Monitoring Services 7x24
Other support services Monday to Friday (8AM to 5PM EST) #11..
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6. EXCLUSIONS
The following services and activities are excluded from the scope of this SoW:
Procurement of any additional licenses and/or tools from what is agreed upon in Subscription Agreement
Link and Bandwidth provisioning
Troubleshooting, configuration, or services around third party products Geospatial and non-Geospatial data creation, cleansing and maintenance Application development
Hardware provisioning for onsite servers/VMs
Licensing for Microsoft SharePoint and User CALs (covered and managed by MPD) Third party licenses from Microsoft, ESRI, or dependent systems for on-premise database and server management
7. ASSUMPTIONS & DEPENDENCIES
Servers for software located on premise will remain operational and provided for use with the Spatialitics Software listed in Exhibit A of the Subscription Agreement. Remote access to the environment for Spatialitics personnel will be provided through a VPN (provided by MPD) for upgrade installation, on-going maintenance, and support of the dependent systems.
SQL/Oracle Database will be made accessible with appropriate login credentials and read access and appropriate write access for the ongoing support of GeoShield Real Time Unity Connector, GeoShield Real Time Media Relay, GeoShield Real Time Dashboard configuration, GeoShield’s Insight Dashboard and Reports published to GeoShield’s Insight Dashboard by appropriate MPD personnel
For use of AD Identity Authentication, continued access to Active Directory or Active Directory Federation Services and AD FS Proxy will be made available by MPD Spatialitics personnel will continue to support the GeoShield Real Time dashboards, GeoShield Real Time Media Relay, GeoShield Unity Connector, and GeoShield Insight Dashboard and published reports for MPD
All communications for the applications and features will be encrypted and over HTTPS User Acceptance Testing and Training will be provided by GeoShield SME when needed or upgrades affecting the application functionality are identified Identified Data Sources for Records Management and Computer Aided Dispatch:
o When/If the Client determines they are transitioning vendors for one of these data sources, We will work with the customer in that transition process and this will consume the previously identified data source for the Client. o The transition process, mapping of the new data set, and providing the visualization within GeoShield will be covered under the maintenance and support for the identified dataset
o If during the transition process there is an identified cost to connect to the dataset from the new vendor, that cost will be the responsibility of the Client #11..
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8. MODESTO GEOSHIELD SAAS SUBSCRIPTION DETAILS
GeoShield Real Time (Continued Support)
Real Time Dashboard (2 Configured dashboards)
o Real Time CAD configuration and visualization
o Real Time AVL configuration and visualization
o Real Time Camera Streaming from connected and available RTSP Streams Crime Analysis Dashboard (2 Configured dashboards)
o Configured Data Sets for GeoShield Unity
o Historic CAD
Priority Calls breakdown
Collisions
o Historic RMS (Inform RMS)
Crime Information
Stolen / Recoveries (Recovered Stolen Vehicles)
Top 10 Arrests
Arrests
o Historic RMS (IQ RMS)
o Probationers
o Citations
o Quality of Life events
GeoShield Real Time Media Stream Relay
GeoShield Unity Connector
GeoShield Insight Dashboard (Continued Support)
GeoShield Insights Dashboard (specific to mobile access and continue to refine) Briefing Notes
RFI Management
o User Management of RFI and SAR Participants
Document Libraries and Management
RSS Feed of Local News Widget
Drag and Drop Libraries for sharing of information
GeoShield Public Camera Registry Portal (Administrative Portal / Public Facing Portal) GeoShield Status Monitor
User Manuals (Hosted on Support Portal)
Access to Support Portal
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9. ROADMAP AND NEW FEATURE CLIENT INCLUSION
Spatialitics maintains a roadmap for ongoing development of product and associated software applications.
We take insight from direct client communication, market trends, best practices, and evolving technologies in managing GeoShield future features. Throughout the term of the subscription, Spatialitics encourages and solicits feedback from our valued Clients and makes consideration for placement and priority in the GeoShield roadmap. Prioritization is based on user adoption (or reach of the feature), the need or impact, feasibility (confidence in providing a functional and beneficial feature), and the effort involved to meet the specifications.
Roadmap related items are reviewed and discussed in detail when presented by the Client to ensure clarity and determine priority.
For Client specific or high priority requests, Spatialitics will engage in direct communication with the Client to understand requirements, assess, facilitate and determine release timelines. Typically, these requests are fulfilled by our professional services team on a project cost basis.
Items identified as part of Roadmap, or which are determined to be part of roadmap will not incur additional costs to MPD.
Items identified by Modesto Police Department:
Items Currently Present on 2022 Roadmap (timeline to be mutually agreed upon by Spatialitics and MPD based on need)
Ability to filter Live CAD – Pending to filter by call type or remove call types – i.e. TRU classified calls, only P1 calls, only P1 and P2 calls, etc
Continued refinement of GeoShield 4 to include full transition away from v. 3 Re-introduce all sliders/toggles
Real-time / Near real-time update of CAD data instead of static view with link to PDF (Completed) Finish integration of LPR alerts
(Completed) Ability to have LPR alerts plot on map in real-time when enabled (Completed) Wish-list item dependent on API functionality – ability to do basic ALPR record queries from GeoShield
Current SSRS/GeoShield report support
Items identified by MPD which will need further discussion/discovery for consideration of roadmap placement and coordination of mutually agreed upon timeline based on feasibility and need Development of iPhone-capable quick-view version of CFS, unit status, and call details Dream goal: 2-way capability with GeoShield users able to add data to call via GeoShield Pull up adjacent LPR Cameras when viewing LPR Hits and show hit data from Vigilant Work with IT to establish a simplified URL – i.e. https://modestopd.com/gs Ability to have field resources using iPad/iPhone with GeoShield shown as an AVL resource on live map Integrate Axon Respond (camera live-view) and body cam GPS capabilities as a layer Camera connection auditing capabilities (list that shows camera feeds that are down) Wish-list item: integrate ability to stream traffic from PD radio channels (1-way only) #11..
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10. SIGNATURE
The parties are signing this SoW by their authorized officers or agents on the SoW Effective Date. Faxed or imaged signatures are acceptable.
City of Modesto California Name: Joseph P. Lopez
Title: City Manager
Date:
Spatialitics LLC
Name: Vince A. Rosales
Title: Vice President
Date:
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APPENDIX – 1: DESCRIPTION OF SERVICES
1. MONITORING
Client’s GeoShield Unity Connector, GeoShield Insights Dashboard, and GeoShield Real Time will be monitored 24/7.
2. SERVICE DESK
2.1. TICKET MANAGEMENT
o First level response to emails, calls, or tickets from client o Logging tickets with appropriate priority
o Updating status in the ticketing portal
2.2. L1 SUPPORT
o Support for basic issues
o Initial investigation and basic troubleshooting
o FAQ support
2.3. ESCALATIONS
o Determining if L2 or L3 support is required
o Escalating to L2 or L3 appropriately
3. GEOSHIELD REAL TIME SUPPORT
3.1. INCIDENTS:
An incident is defined as an event that results in interruption of one or more services.
3.1.1. Incident Resolution
Identifying and logging incidents
Investigating, analyzing, and troubleshooting
Providing issue resolution and recovery
Verifying and closing incidents
3.2. SERVICE REQUESTS
A Service Request is defined as an enhancement or change to GeoShield Real Time, GeoShield Unity Connector, or GeoShield’s Real Time Media Relay.
3.2.1. Change Management
Customizing or enhancing existing functionality within the product
3.2.2. L2 Support and L3 Support
Providing in-depth technical support
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APPENDIX – 2: SERVICE LEVELS
1. SERVICE PRIORITY DEFINITIONS
Spatialitics will follow service categories (prioritized based on the business level impact of the service) defined below.
2. PRIORITY DEFINITION / DESCRIPTION
2.1. Priority Definition/Description
1 The entire application is unavailable. A critical component of the application is unavailable, resulting in client not being able to conduct critical day-to-day business activities and no acceptable temporary work-around can be identified. 2 A critical component of the application is unavailable, resulting in client not being able to conduct critical day-to-day business activities. However, an acceptable temporary workaround has been identified. 3 A non-critical part of the application is unavailable or Incident causing or at risk of causing inconvenience and/or increased work effort but not seriously impacting client’s ability to conduct day-to-day business activities.
4 Incident with the application that is causing or at risk of causing a minimal amount of increased work effort but is not impacting client’s ability to conduct day-to-day business activities.
3. SERVICE LEVELS
Priority Condition Response Time Resolution Time*
1 1. Significant number of clients
are affected
2. No workaround available
1. Email and call to acknowledge
within 30 minutes
2. Email and call on resolution
24 contiguous
hours
2 1. Multiple clients are affected
2. Possible acceptable
workaround
1. Email and call to acknowledge
within 30 minutes
2. Email on resolution
1 business day
3 1. Few clients or individual work
is affected
2. Possible workaround exists
1. Email to acknowledge within
4 hours
2. Email on resolution
4 business days
4 1. Requests for additional
information
2. No impact on work
1. Email to acknowledge
within 1 business day
2. Email on resolution
Scheduled
NOTE: Resolution time can vary depending on complexity of the issue and other dependencies. #11..
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APPENDIX – 3: IN-SCOPE COMPONENTS
GeoShield Insight Dashboard Support & Maintenance
GeoShield Real Time Support & Maintenance
GeoShield Unity Connector Support & Maintenance
GeoShield Real Time Media Streaming Support & Maintenance GeoShield Public Camera Registry Support & Maintenance
GeoShield Status Monitor Support & Maintenance
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APPENDIX – 4: CHANGE MANAGEMENT
It may become necessary to amend this SoW based on changes in the Client’s requirements or other factors leading to the change in the scope. In the event either party desires to change this SoW, the following procedures will apply:
The party requesting the change will deliver a Change Request Form (attached in this section) to the other party.
The Change Request will describe:
o The nature of the change
o The reason for the change
o The effect the change will have on the scope of work, which may include changes to the Deliverables, the schedule and the price.
A Change Request may be initiated by either party for any changes to the SoW. The designated contact of the requesting party will review the proposed change with his/her counterpart.
The parties will evaluate the Change Request and negotiate in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request. o If both parties agree to implement the Change Request, the appropriate authorized representatives of the parties will sign the Change Request, indicating the acceptance of the changes by the parties.
Upon execution of the Change Request, said Change Request will be incorporated into, and made a part of, this SoW.
Note: Whenever there is a conflict between the terms and conditions set forth in a fully executed Change Request and those set forth in the original SoW, or previous fully executed Change Request, the terms and conditions of the most recent fully executed Change Request shall prevail. #11..
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Change Request Form
CHANGE REQUEST # <n>
With reference to the change requested by <Client> for GeoShield™ Real Time, Spatialitics LLC (“Spatialitics”) and Client, both parties hereby certify, by the signature of an authorized representative, that this Change Management Request will amend and be fully incorporated into the existing Statement of Work (SoW) or Proposal.
1 Change Request Number #<n>
2 Reason for Change Request
3 Nature of Change
4 Reference SoW
5 Schedule Impact
6 Cost Impact:
7 Purchase Order Issuance (as
applicable)
Client shall issue a written Purchase Order to Spatialitics or shall issue an amendment to its original PO issued under this SoW. 8 Original Reference PO#
Except as changed herein, all terms and conditions of the SoW remain in full force and effect.
City of Modesto California Spatialitics LLC
By By
Name Name
Title Title
Date Date
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Exhibit D
Fees and Terms
Pricing and Payment
Item Cost (USD)
GeoShield Subscription Year 1 $70,000.00
GeoShield Subscription Year 2 $70,000.00
GeoShield Subscription Year 3 $70,000.00
GeoShield Subscription Year 4 $73,500.00
GeoShield Subscription Year 5 $73,500.00
Total not to exceed cost of: $357,000.00
NOTE:
Spatialitics will invoice Year 1 of the Subscription on the Effective Date and subsequently Year 2 and Year 3 on Day 1 of each anniversary of the Effective Date with net 30-day payment terms.
TERM:
Engagement Duration
Initial term for the contract under this SoW is for a period of three Subscription years. At the sole discretion of the MPD the term can be extended in two one year increments, for a total of 5 years.
Early Termination Fees
If Client terminates this SoW for any reason except Spatialitics’ breach, Client shall pay Spatialitics an early termination fee according to the following schedule:
Fee if Terminated for Convenience in Year 1: 12 months’ notice or 12 months subscription fee, less the prorated remaining value of Subscription fees already paid. Fee if Terminated for Convenience in Year 2: 6 months’ notice or 6 months subscription fee, less the prorated remaining value of Subscription fees already paid. Fee if Terminated for Convenience in Year 3: 3 months’ notice or 3 months subscription fee, less the prorated remaining value of Subscription fees already paid. #11..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
February 1, 2022
Date: January 11, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Award of Fire Safety System Services
CONTACT: Patrick Crowley, Facility Manager/Building Administration, [email protected], 209-342-2274
DESCRIPTION:
Consider approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and a total amount not to exceed $1,024,091 over five years, with any new site additions, removals, or substantive service changes to be authorized by the Director of Finance or her designee. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This action supports the 2020-2025 City of Modesto Strategic Plan Area of Focus: Service Delivery Goals and Strategies; “build community trust in City government through responsive, transparent and efficient service delivery”; Goal H: “achieve long-term financial sustainability.” BACKGROUND:
The City of Modesto, Public Works Department, Building Administration and Maintenance Division is responsible for maintaining facilities within the City of Modesto which includes the fire systems within those facilities. There has not been a city-wide agreement for fire system services which included the inspection, testing and maintenance for these systems.
Through the issuance of a Request for Bid (RFB), the Building Administration and Maintenance Division will be able to better manage the Fire Safety Systems within the City of Modesto under a consolidated agreement rather than several different vendors handling different buildings.
There will be the additional value of reduced costs through having a city-wide agreement.
DISCUSSION:
The City Manager authorized the Purchasing Manager to issue formal RFB for Fire Safety System Services.
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City Council, February 1, 2022
Award of Fire Safety System Services