APPENDIX B: Grantee Assurance for Non-Governmental Organizations Provide your agency name and in the table list information for all contracted parties.
Grantee:
*Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE DATE
X
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 26, 2023
September 22, 2023
TO: City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Building Intrusion Alarm Services Agreement
CONTACT: Patrick Crowley, Facility Manager/Building Maintenance, [email protected], 209-402-6812
DESCRIPTION:
Consider approving an Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a total amount not to exceed $83,998 over five years. (Funding Source: Building Maintenance Fund)
STRATEGIC PLAN ELEMENT:
This action supports the 2020-2025 City of Modesto Strategic Plan Area of Focus: Governance and Service Delivery; “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 Services Division is responsible for maintaining facilities within the City of Modesto. There has not been a city-wide agreement for building intrusion alarms systems which includes monitoring, testing and maintenance or repair of alarm systems.
Through the issuance of an Invitation for Bid (IFB), the Facilities Division will be able to better manage the building intrusion alarm Services 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:
On September 14, 2021, the City Manager authorized the Purchasing Manager to solicit the procurement for Building Intrusion Alarm Systems. On November 4, 2022, the Purchasing Division issued Invitation for Bids (IFB) No. 2122-23RB for Building Intrusion Alarm Services on the City’s PlanetBids public bidding website under various commodity codes1. Prospective 168032 – Burglar Alarms, 93609- Alarm Equipment Maintenance/Repair (Fire, Etc.), 99005- Alarm Services, 99039 – Emergency Systems Monitoring Service to Include Alarms and Operational Readiness Reporting, 99050 – Installation of Security and Alarm Equipment, 28030- Control Cables and Wires, Solid and Stranded, single and multicolor (up to 600v, for use in boiler controls, Fire #14..
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City Council Meeting, September 26, 2023
Building Intrusion Alarm Services Agreement
bidders were notified online and via email of the bid opportunity. Fourteen companies downloaded the IFB document from PlanetBids.
On March 28, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two vendors chose to respond, no local bids were received, and one vendor was deemed non-responsive. Based on providing the lowest responsive and responsible bid, City staff recommends awarding the Building Intrusion Alarm Service to Audeamus DBA Sebastian, Fresno, CA for a two-year Agreement with three one-year extension options for an estimated annual amount for the first year of $33,149 and a total amount not to exceed $83,998 over five years.
After reviewing the bids received, it was discovered that the quantities of inventory for each site location were inaccurate. The cost for replacement is less than what was expected.
Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code 8-3.203 City Staff recommends the award of bid for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA.
FISCAL IMPACT:
Below is a breakdown of estimated yearly expenses for Building Intrusion Alarm Services for various City properties. The agreement includes site location and inventory for year one in the amount of $25,632 for new site additions or substantive service changes. An additional $5,000 per year is being added to years two through five as an allowance for any maintenance and repairs that may be needed under this agreement. A 5% Consumer Price Index increase has been added for Years three, four, and five which are included in the Contracted Services pricing. Funds are budgeted in the Building Maintenance Fund with funding for contingency services being allocated at the time of approval.
COMMITTEE RECOMMENDATION:
This item was presented to the Finance Committee on August 21, 2023 and was recommended to forward to Council for approval.
Alarms, Motors, Etc.), 28782 – Transmitters, Emergency Alarm Type (to incl. Equipment Operation Status Reporting), 34016- Fire Alarm Systems, Power Sirens, and Controls, 34080- Smoke Detecting Equipment (Inc. Smoke Alarms) Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
Contracted Services $ 2,517 $ 2,517 $ 2,643 $ 2,775 $ 2,914 $ 13,366 Site Location &
Inventory $25,632 $0.00 $0.00 $0.00 $0.00 $25,632
Contingency Funds $ 0.00 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 20,000 Maintenance and
Repair $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 25,000 Total $ 33,149 $ 12,517 $ 12,643 $ 12,775 $ 12,914 $ 83,998 #14..
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City Council Meeting, September 26, 2023
Building Intrusion Alarm Services Agreement
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Bid and Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $33,149 for the first year and a total amount not to exceed $83,998 over five years, with any new site additions, removals or substantive service changes to be authorized by the Director of Finance, or her designee, and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Sebastian Agreement
3. Exhibit A
4. Exhibit B
5. Exhibit C
6. Cost Abstract
7. Financial Interest Disclosure
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR
BUILDING INTRUSION ALARM SERVICES TO AUDEAMUS DBA
SEBASTIAN, FRESNO, CA FOR A TWO-YEAR AGREEMENT WITH THREE
ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED
AMOUNT OF $33,149 FOR THE FIRST YEAR AND A TOTAL AMOUNT NOT TO EXCEED $83,998 OVER FIVE YEARS WITH ANY NEW SITE ADDITIONS,
REMOVALS OR SUBSTANTATIVE SERVICE CHANGES TO BE
AUTHORIZED BY THE DIRECTOR OF FINANCE, OR HER, DESIGNEE AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, the City of Modesto Public Works Department, Building Maintenance Division is responsible for maintaining facilities within the City of Modesto. There has not been a city-wide agreement for building intrusion alarms systems which includes monitoring, testing and maintenance or repair of alarm systems; and WHEREAS, on September 14, 2021, the City Manager authorized the Purchasing Manager to solicit the procurement for Building Intrusion Alarm Systems; and WHERAS, on November 4, 2022, the Purchasing Division issued Invitation for Bids (IFB) No. 2122-23RB for Building Intrusion Alarm Services on the City’s PlanetBids public bidding website under various commodity codes. Prospective bidders were notified online and via email of the bid opportunity. Fourteen companies downloaded the IFB document from PlanetBids; and
WHEREAS, on March 28, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two vendors chose to respond no local bids were received and one vendor was deemed non-responsive. Based on providing the lowest responsive and responsible bid, City staff recommends awarding the Building Intrusion Alarm Service to Audeamus DBA Sebastian, Fresno, CA for a two-year #14..
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Agreement with three one-year extension options for an estimated annual amount for the first year of $33,149 and a total amount not to exceed $83,998 over five years.
WHEREAS, Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code 8-3.203 City Staff recommends the award of bid for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Award of Bid and Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA for a two-year agreement with three one-year extension options, for an annual estimated amount of $33,149 for the first year and a total amount not to exceed $83,998 over five years.
BE IT FURTHER RESOLVED that the Director of Finance, or her designee is authorized to approve new site additions, removals or sustentative service charges.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement or a form approved by the City Attorney. #14..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 26th day of September, 2023 by Councilmember?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ______________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL AGREEMENT #247456 – BUILDING INTRUSION ALARM SERVICES This agreement, hereinafter called AGREEMENT #247456, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Audeamus DBA Sebastian, a California Corporation, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2023-_______authorizing the Award of Bid and agreement for the BUILDING INTRUSION ALARM SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the BUILDING INTRUSION ALARM SERVICES as described in IFB 2122-23RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and #14..
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2 insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount for the first year of $33,149. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $83,998. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
MONITORING
Site Quarterly Monitoring
Maddux Youth Center
Maddux#1
615 Sierra Drive $104.85 total
Mary Grogan Park
MGP#1
3601 Litt Road $104.85 total
McHenry Mansion
Mansion
906 15th Street $104.85 total
McHenry Museum
Museum#1
1402 I Street $104.85 total
Senior Citizen Center
SSC#1
211 Bodem Street $104.85 total
Airport Terminal
Airport
617 Airport Way $104.85 total
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3 SITE LOCATION AND INVENTORY
SITE SITE
NAME
MOTION
DOOR
GLASS
VIDEOFIED
ROLL UP
KEYPADS
PANIC
COST PER SITE
Maddux Youth
Center
615 Sierra Drive
MADDUX#1
8 14 4 0 1 3 0 $3,181.00
Mary Grogan
Park
3601 Litt Road
MGP#1
4 9 0 12 0 2 0 $11,162.00
McHenry
Mansion 906
15th Street
MANSION
21 4 2 0 0 2 3 $4,464.00
McHenry
Museum 1402 I
Street
MUSEUM#1
12 12 2 0 0 2 3 $3,362.00
Senior Citizen
Center
211 Bodem
Street
SCC#1 6 10 0 0 0 1 2
$1,753.00
Airport Terminal
Airport
617 Airport Way
AIRPORT 0 0 0 0 0 6 0
$1710.00
Total
$25,632.00
PARTS COST
MAINTENANCE AND REPAIR
BUSINESS HOURS HOURLY RATE
Hourly Technician Rate $150.00
Hourly Helper Rate (Helper must be approved by City before Invoiced) $125.00 Item Description Cost per Each
1 Motion Sensor $158.00
2 Door Sensor $40.00
3 Glass Sensor $118.00
4 Video $800.00
5 Roll Up Door Sensor $30.00
6 Keypads $285.00
7 Panic Button $60.00
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4 AFTER BUSINESS HOURS HOURLY RATE
Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) $200.00 Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) $165.00 *THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE SERVICE
2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit C are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: _477600______
3. CITY REPRESENTATIVE:
CITY Representative is:
Patrick Crowley, Facilities Manager Phone: (209) 342-2274 Holly Gonzales, Buyer Phone: (209) 341-2908
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division. #14..
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5 4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: September 19, 2023, through September 18, 2024
Year 2: September 19, 2024, through September 18, 2025
Year 3: September 19, 2025, through September 18, 2026
Year 4: September 19, 2026, through September 18, 2027
Year 5: September 19, 2027, through September 18, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 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 via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. 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 general aggregate limit is used, either the general affrefate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate #14..
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6 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; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
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 CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.
The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
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 CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) 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 CITY’s Risk Manager.
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7 For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 30 terms via CITY’s ePay Program”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT 247456
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officials, 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 #14..
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8 death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES:
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-____;
b. CONTRACTOR Bid submittal;
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9 c. IFB No. 2122-23RB;
d. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, #14..
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10 specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR 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 SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such #14..
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11 SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK:
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS:
The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY #14..
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12 makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS:
CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. DIR REGISTRATION:
Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:
If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
18. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Audeamus DBA Sebastian
7600 N. Palm Avenue
Fresno, CA 93711
Jacob Duncan, Director of Sales & Marketing
[email protected]
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13 Phone: (559) 432-5800
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
19. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
20. QUANTITIES:
No minimum or maximum is guaranteed or implied.
21. FUNDING:
All annual extensions are based upon continuous funding for that purpose by the City Council.
Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual #14..
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14 orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable #14..
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15 Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
24. CONTRACTOR LICENSES & PERMITS:
CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
25. RECORDS.
All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.
26. FACILITIES AND EQUIPMENT:
Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
27. INDEPENDENT CONTRACTOR; NOT AGENT:
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in #14..
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16 any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
28. DRUG FREE WORKPLACE:
CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
29. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
30. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
31. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
32. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
33. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, #14..
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17 are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 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.
34. 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.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2023_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this Agreement to be duly executed.
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1 INVITATION FOR BIDS NO. 2122-23RB
FOR
BUILDING INTRUSION ALARM SERVICES
THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE
SERVICE
MANDATORY ON-SITE VISIT:
To be held on:
February 24, 2023 at 9:00 A.M.
Meeting Location: 3601 Litt Road
Modesto, CA 95357
BID OPENING: March 21, 2023 - at 11:00 A.M.
CITY OF MODESTO CONTACT: KIM PRESSON, BUYER
E-MAIL ADDRESS: [email protected]
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2 TABLE OF CONTENTS
Page
. Notice to Bidders............................................................................................................. 3-4 . City Contacts...................................................................................................................... 5 . Calendar of Events............................................................................................................. 5 . Precedence ......................................................................................................................... 5 . Virtual Bid Opening........................................................................................................... 6 .
GENERAL REQUIREMENTS
. Bid Submittal...................................................................................................................... 7 . Acceptance/Rejection of Irregular Bids............................................................................. 7 . Complete Bid Document................................................................................................. 7-8 . Compliance/Non-Compliance............................................................................................ 8 . Pricing Format.................................................................................................................... 8 . Award of Bid...................................................................................................................... 8 . Prevailing Wages ……………………………………………………………………… 9
.
. Protest and Appeal Procedures....................................................................................10-14 . Bid Submittal Checklist ................................................................................................... 15 REQUIRED BID SUBMISSION DOCUMENTS (Sign Wherever Indicated) . Bid Form A – IFB Acknowledgement…………………………………….……… 16-18 . Bid Form B – Bidder Company Information..............................................................19-20 . Bid Form C - Pricing Schedule...................................................................................21-23 . Bid Form D – Bidder Exceptions, Clarifications, Amendments..................................... 24 . Bid Form E – Bidder Customer References...............................................................25-26 . Bid Form F - Financial Interest Disclosure.................................................................27-28 . Bid Form G – Local Business Preference Declaration.................................................... 29 . Bid Form H – Bidder Company History Statement ....................................................... 30 . Bid Form I - Addenda Acknowledgement....................................................................... 31 . Bid Form J – Bidder Warranty Statements...................................................................... 32 . Bid Form K – Bidder Experience and Certifications....................................................... 33 . Bid Form K - Subcontractors List.................................................................................... 34
TECHNICAL REQUIREMENTS
. Scope of Work.............................................................................................................35-36 . Required Licenses............................................................................................................ 36 Mandatory On-Site Visit Map.......................................................................................... 37 .
ATTACHMENTS
. Sample Annual Agreement ........................................................................................38-55 #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Building Alarm for the City of Modesto, Public Works Building Services, Public Works Division.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).
Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..
Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to March 21, 2023 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.
All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated.
The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2022-23RB
BID OPENING DATE: March 21, 2023 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:
MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK
CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET,
SUITE 6600, MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.
No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued February 14, 2023
Mandatory Bid Walk February 24, 2023
Written Questions March 07, 2023
Addendum Issued (if required) March 10, 2023(approximate date) Bid Due Date & Time BEFORE 11:00 A.M. on Tuesday, March 21, 2023 Contract Award Approximately June 2023
CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.
BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
CALIFORNIA LABOR CODE SECTION 1771.1 (a)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.
PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, March 21, 2023. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.
The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the above-stated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.
URL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7b %22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7- 8984-12cd4deaa705%22%7d
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409 United States, Dallas
Phone Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Kim Presson, by email at [email protected] or telephone (209) 577-5375.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.
B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.
D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.
Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.
E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.
F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Local Business Preference Declaration
• Bid Form H – Bidder Company History Statement
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.
G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.
H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.
I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-
3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
J. LOCAL BUSINESS PREFERENCE DECLARATION: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5%of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.
L. PREVAILING WAGE: Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120 #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
10 M. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.
N. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.
Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
11 • Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.
All protests to the Director of Finance shall either be delivered to:
City Clerk’s Office
Attn: Purchasing Manager
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
12 1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
Further protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
13 in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
All protest appeals to the City Council shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
14 The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
15 BID SUBMITTAL CHECKLIST
BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered non-responsive.
Bidder’s Bid must contain the following applicable elements completed and signed as described more-fully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:
COMPLETE BID ELEMENTS
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Local Business Preference Declaration
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List
Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #14..
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).
This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:
1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
17 6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.
7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.
Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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INVITATION FOR BIDS # 2122-23RB
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18 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.
9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.
10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.
11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.
12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.
The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.
Bidder Company Name:
Bidder Headquarters Address:
City/State/Zip:
Signature/Title/Date:
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INVITATION FOR BIDS # 2122-23RB
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):
E. Website Address: www.___________
F. Contact Person Details: Name:
Title:
Phone (Office):
Phone (Mobile):
Mailing Address (Street Address, City, State, Postal Code):
Fax Number:
Email:
G. Federal Taxpayer
Identification Number
(TIN):
H. Dun & Bradstreet
(DUNS) Number:
I. Names and Titles of
Top Three Bidder
Officers:
J. Years in Business:
K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):
L. City of Modesto
Business License
Number (note –
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INVITATION FOR BIDS # 2122-23RB
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20 provide only if
available now - - but
not required until any
contract begins):
M. State of California
Contractor License
Number and Expiration
Date (if available):
N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
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INVITATION FOR BIDS # 2122-23RB
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.
QUARTERLY MONITORING
Site Quarterly Monitoring
Maddux Youth Center
Maddux#1
615 Sierra Drive $ total
Mary Grogan Park
MGP#1
3601 Litt Road $______ _total
McHenry Mansion
Mansion
906 15th Street $ total
McHenry Museum
Museum#1
1402 I Street $______ _total
Senior Citizen Center
SSC#1
211 Bodem Street $ total
Totals $_____ __total
SITE LOCATION AND INVENTORY
SITE SITE
NAME
MOTION
DOOR
GLASS
VIDEO
ROLL UP
KEYPADS
PANIC
COST PER SITE
Maddux Youth
Center
615 Sierra Drive
MADDUX#1
8 14 4 0 1 3 0 $
Mary Grogan Park
3601 Litt Road
MGP#1
4 9 0 12 0 2 0 $
McHenry Mansion
906 15th Street
MANSION
21 4 2 0 0 2 3 $
McHenry Museum
1402 I Street
MUSEUM#1
12 12 2 0 0 2 3 $
Senior Citizen
Center
211 Bodem Street
SCC#1 6 10 0 0 0 1 2
$
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
22 PARTS COST
MAINTENANCE AND REPAIR
BUSINESS HOURS HOURLY RATE
Hourly Technician Rate
Hourly Helper Rate (Helper must be approved by City before Invoiced)
AFTER BUSINESS HOURS HOURLY RATE
Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) *THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE SERVICE Item Description Cost per Each
1 Motion Sensor $
2 Door Sensor $
3 Glass Sensor $
4 VideoFied $
5 Roll Up Door Sensor $
6 Keypads $
7 Panic Button $
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
23 Payment Terms:
Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):
Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: _______________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.
THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
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INVITATION FOR BIDS # 2122-23RB
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24 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.
Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.
Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.
Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
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25 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.
The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
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26 Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
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INVITATION FOR BIDS # 2122-23RB
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27 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.
Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-
10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
28 Print Names of Persons Having a Financial Interest in Bidder Receiving this Contract:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
29 BID FORM G - LOCAL BUSINESS PREFERENCE DECLARATION
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-
3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.
Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.
To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.
Check here:
I declare I am a local business per the above criteria
Bidder Company Name:
City of Modesto Address (Street,
City, State, Postal Code:
City of Modesto Business License
Number:
Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:
Print/Type Name:
Title:
Signature:
Date:
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
30 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).
The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:
Bidder Company Legal Name: Insert Bidder Logo Here (if existent):
Insert Bidder Company History Overview Statement Beginning Here:
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INVITATION FOR BIDS # 2122-23RB
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31 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bo-search for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.
Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.
Do not attach any of the addenda to this sheet nor include them with the Bid.
If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.
But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.
The Bid is submitted with respect to the changes to the IFB included in addenda numbers:
List All Addenda Numbers, Separated by Commas
(“,”):
Bidder Company Name:
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32 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.
Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.
All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.
Bidder Company Legal Name: Insert Bidder Logo Here (if existent):
Insert Bidder Warranty Statement Beginning Here:
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33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:
A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.
B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include. i. Contractor shall have at minimum an active Contractor’s License with Classification C-7 & C-10 #14..
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34 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:
Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
1.1 SCOPE OF WORK:
The City of Modesto is seeking bids for a contractor to provide building intrusion alarm services at various City of Modesto facilities.
A. Minimum Qualifications: The successful Contractor shall have a minimum of five (5) years’ experience providing intrusion alarm system services for commercial sites. The successful Contractor shall have the technical capability and employ a sufficient number of trained technicians to meet the needs of the City. 1) Contractor shall provide monitoring for all intrusion security systems 24 hours per day, 7 days per week.
2) Contractor shall be available by telephone to acknowledge a service call(s) within five (5) minutes of report of an intrusion detection.
3) Contractor shall physically respond to the site within two (2) hours of report of an equipment failure notification, for emergency repairs.
4) Contractor shall make service available 24 hours per day, 7 days per week.
B. The successful proposer shall furnish the following services:
1) The Contractor shall provide electronic monitoring of building intrusion alarm systems installed at locations listed in the Form C - Pricing Schedule (pg. 20-21), under task orders authorized in writing by the City Project Manager.
2) The City shall provide the Contractor with a call list for notification purposes. In the event of an alarm condition generated by any sensor, the Contractor shall immediately notify the City of the situation within 2-minutes. Successful proposer will receive contact information and procedures to follow.
3) The Contractor shall be responsible for the operation and maintenance of communicators at the identified locations, but shall not be responsible for the maintenance of City telephone lines. 4) Within thirty (30) days of award, the vendor shall complete a facility walk through with a City representative. The Contractor shall evaluate all existing intrusion alarm equipment, including but not limited to door sensors, motion sensors, key pads, control modules or circuits to determine the compatibility with their monitoring services and provide the City with a quote for all items that need to be updated. After the initial walk through and component upgrades that are required, replacements are documented, all reprogramming costs and incompatible equipment shall be replaced at contractor’s expense.
Note: All equipment replaced or installed by the Contractor shall become property of the City of Modesto upon completion of installation.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
36 5) No additional services or work shall be performed by the Contractor, unless approved in advance by the City, stating the dollar value of the services and method of payment. 6) If the City authorizes additional services or work to be performed by the Contractor, a separate purchase order will be issued specifically for the single job requested; and all intrusion alarm equipment installed shall meet applicable building code requirements, UL specifications for alarms, to include State and Federal requirements for commercial business alarm applications.
Note: No additional services or work shall proceed prior to the issuance of the separate purchase order.
The Contractor will bill the City on a separate invoice for other authorized work performed and shall include the purchase order number on the invoice. All such services are to be coordinated with the City and results of the work shall be monitored by the primary point of contact. The means by which the work is accomplished shall be the sole responsibility of the Contractor. 7) The contractor shall provide costs for any additional services requested by the City of Modesto.
Requested services will be installed within 30 days of approval from the City of Modesto.
1.2 REQUIRED LICENSES:
Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.
1.3 CALIFORNIA CONTRACTORS LICENSE: If the Bidder is furnishing any labor or service including installation or maintenance, the Bidder shall be registered as a contractor with the Department of Industrial Relations and possess the appropriate California Contractor's license(s) at the time the Bid is submitted. A contract shall not be awarded to a Bidder that is not registered with the Department and Industrial Relations or does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Bidder shall indicate its license(s) number and expiration date on the Pricing Schedule.
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INVITATION FOR BIDS # 2122-23RB
BUILDING INTRUSION ALARM SERVICES
37 MANDATORY ON-SITE VIST
MEETING LOCATIONS
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38 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the Award of Bid and agreement for the BUILDING INTRUSION ALARM SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the BUILDING INTRUSION ALARM SERVICES as described in IFB 2122-23RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
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39 a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
MONITORING
Site
Quarterly Monitoring
Maddux Youth Center
Maddux#1
615 Sierra Drive $_______total
Mary Grogan Park
MGP#1
3601 Litt Road $_______total
McHenry Mansion
Mansion
906 15th Street $_______total
McHenry Museum
Museum#1
1402 I Street $_______total
Senior Citizen Center
SSC#1
211 Bodem Street $_______total
Totals $_______total
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40 SITE LOCATION AND INVENTORY
SITE SITE
NAME
MOTION
DOOR
GLASS
VIDEOFIED
ROLL UP
KEYPADS
PANIC
COST PER SITE
Maddux Youth
Center
615 Sierra Drive
MADDUX#1
8 14 4 0 0 3 0 $
Mary Grogan
Park
3601 Litt Road
MGP#1
4 9 0 12 0 2 0 $
McHenry
Mansion 906
15th Street
MANSION
21 4 2 8 0 2 3 $
McHenry
Museum 1402 I
Street
MUSEUM#1
12 12 2 0 0 2 3 $
Senior Citizen
Center
211 Bodem
Street
SCC#1 6 10 0 0 0 1 2
$
PARTS COST
Item Description Cost per Each
1 Motion Sensor $
2 Door Sensor $
3 Glass Sensor $
4 Video $
5 Roll Up Door Sensor $
6 Keypads $
7 Panic Button $
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41 MAINTENANCE AND REPAIR
BUSINESS HOURS HOURLY RATE
Hourly Technician Rate
Hourly Helper Rate (Helper must be approved by City before Invoiced)
AFTER BUSINESS HOURS HOURLY RATE
Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) Emergency Hourly Technician Rate (Not to exceed 1 1/2 X business hour rate) *THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTENANCE SERVICE
2. PREVAILING WAGES:
. In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: _________________
3. CITY REPRESENTATIVE:
CITY Representative is:
________________________ ____________________________
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42 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: 2023 through 2024
Year 2: 2024 through 2025
Year 3: 2025 through 2026
Year 4: 2026 through 2027
Year 5: 2027 through 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 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 via PINS Advantage Insurance Program, for all of the following stated insurance policies.
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43 a. 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 general aggregate limit is used, either the general affrefate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The 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; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
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 CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.
The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
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 CONTRACTOR for the CITY.
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44 The CONTRACTOR’s insurance policy(ices) 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 CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
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45 7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES. If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this AGREEMENT. The Notice to Proceed shall not be issued until the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and #14..
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46 Executed Agreement;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2022-23RB;
d. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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 #14..
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47 will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in performing the SERVICES 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 SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
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48 a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed. #14..
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49 14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. DIR REGISTRATION: Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
18. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar #14..
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50 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
19. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
20. QUANTITIES: No minimum or maximum is guaranteed or implied.
21. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
23. NON-DISCRIMINATION:
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51 a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. #14..
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52 e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
25. RECORDS. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
26. FACILITIES AND EQUIPMENT. Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
27. INDEPENDENT CONTRACTOR; NOT AGENT. At all times during the term of this AGREEMENT, #14..
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53 CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
29. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
30. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
31. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
32. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
33. ENTIRE AGREEMENT:
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54 This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, 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 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.
34. 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.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this Agreement to be duly executed.
CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
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55 (Name & Title)
ATTEST: Date: _______________________________
By: __________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB 2122-23RB Building Intrusion Alarm
ITEM # ITEM/DESCRIPTION Per Month
Audeamus DBA Sebastian
Fresno, CA
*BHP Requiem, Inc
Antioch, CA
Sites Quarterly Quarterly
1 Maddux Youth Center 1 Quarterly $104.85 $104.85 1 $0.00 2 Mary Grogan Park 1 Quarterly $104.85 $104.85 1 $0.00
3 McHenry Mansion 1 Quarterly $104.85 $104.85 1 $0.00
4 McHenry Museum 1 Quarterly $104.85 $104.85 1 $0.00
5 Senior Citizen Center 1 Quarterly $104.85 $104.85 1 $0.00 6 Airport Terminal 1 Quarterly $104.85 $104.85 1 $0.00
$629.10 $0.00
$0.00 $0.00
SUBTOTAL $629.10 $0.00
SALES TAX 8.875% $0.00 $0.00
SHIPPING $0.00 $0.00
TOTAL: $629.10 $0.00
PARTS/DESCRIPTION Audeamus DBA Sebastian
Fresno, CA
*BHP Requiem, Inc
Motion Sensor 1 $158.00 $158.00 Antioch, CA $0.00 $0.00 Door Sensor 1 $40.00 $40.00 $0.00 $0.00
Glass Sensor 1 $118.00 $118.00 $0.00 $0.00
VideoFled 1 $800.00 $800.00 $0.00 $0.00
Roll Up Door Sensor 1 $30.00 $30.00 $0.00 $0.00
Keypads 1 $285.00 $285.00 $0.00 $0.00
Panic Button 1 $60.00 $60.00 $0.00 $0.00
$1,491.00 $0.00
$0.00 $0.00
SUBTOTAL $1,491.00 $0.00
SALES TAX 8.875% $132.33 $0.00
SHIPPING $0.00 $0.00
TOTAL: $1,623.33 $0.00
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MAINTENANCE AND REPAIR
Audeamus DBA
Sebastian Fresno, CA
*BHP Requiem, Inc
Antioch, CA
BUSINESS HOURS Hourly Rate Hourly Rate
Hourly Technician Rate 1 $150.00 1 $0.00
Hourly Technician Rate ( Helper must be approved by City before Invocied) 1 $125.00 1 $0.00
AFTER BUSINESS HOURS
Emergency Hourly Technician Rate (Not to exceed 1 1/2 x business hour rate) 1 $200.00 1 $0.00 Emergency Hourly Technician Rate (Not to exceed 1 1/2 x business hour rate) 1 $165.00 1 $0.00 $0.00
*THE PAYMENT OF PREVAILING WAGE IS REQUIRED FOR ALL MAINTNANCE SERVICE SITE LOCATION & INVENTORY Site Name Motion Door Glass Video Roll up 1 Maddux Youth Center - 615 Sierra Drive MADDUX#1 8 14 4 0 1 2 Mary Grogan Park - 3601 Litt Road MGP#1 4 9 0 12 0
3 McHenry Mansion - 906 15th Street MANSION 21 4 2 0 0
4 McHenry Museum - 1402 I Street MUSEUM#1 12 12 2 0 0
5 Senior Citizen Center - 211 Bodem Street SCC#1 6 10 0 0 0 6 Airport Terminal - 617 Airport Way AIRPORT
OVERALL COST
Audeamus
DBA
Sebastian
*BHP
Requiem
Quarerly Monitoring $629.10 $0.00
Site Location & Inventory $25,632.00
$26,261.10 $0.00
*Non-Responsive BHP Requiem
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Adeaums DBA
Sebastian
*BHP
Requiem, Inc
Keypad Panic Cost Per Site Cost Per Site Antioch, CA
3 0 $3,181.00
2 0 $11,162.00
2 3 $4,464.00
2 3 $3,362.00
1 2 $1,753.00
6 $1,710.00
$25,632.00 $0.00
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 26, 2023
Date: August 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorize the submittal of grant application(s) to California Strategic Growth Council
CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:
Consider the submittal of a Grant Application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation. (Funding Source:
Solid Waste Funds)
STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the Council’s Strategic Plan Area (2020-2025) - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:
The California Strategic Growth Council (SGC) was created in 2008 to coordinate and collaborate with public agencies, communities, and stakeholders to achieve sustainability, equity, economic prosperity, and quality of life for all Californians.1 SGC assists local and regional governments by providing funding that gives power over long-range sustainability and land use planning to local and regional governments that may otherwise lack the resources and capacity to support such decisions.
The City of Modesto Solid Waste Division is funded by solid waste rates collected from residential, commercial, and industrial accounts. The Solid Waste Division is approximately 40% funded by grants that support programs for household hazardous waste disposal, tire recycling, motor oil and filter recycling, recent state regulations, local blight abatement programs, and community outreach. The City’s policy of fiscal responsibility encourages the aggressive pursuit of grants that are consistent with City Strategic Commitments and that fund projects the City may otherwise be unable to fund.
1 https://sgc.ca.gov/
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City Council, September 26, 2023
Authorize the submittal of grant application(s) to California Strategic Growth Council
DISCUSSION:
SGC supports various grant programs that provide no-match funding to local and regional governments. These include, but are not limited to:
Transformative Climate Communities: empowers communities most impacted by pollution to choose their own goals, strategies, and projects to reduce greenhouse gas emissions and local air pollution
Regional Climate Collaboratives Program: funds community-rooted and cross-sectoral partners to develop the processes, plans and projects that will drive and sustain climate action in communities
Community Assistance for Climate Equity Program: provides technical assistance and builds capacity for California’s most under-resourced communities Modesto is especially susceptible to drought conditions, extreme heat events, and other negative impacts from climate change due to its location in the California central valley. Further, Modesto has been identified as disadvantaged and experiencing a heavy pollution burden by the Office of Environmental Health Hazard Assessment, making it an ideal candidate for SGC funding.2 The City of Modesto pursues opportunities in the form of state or federal direct funding where possible that are consistent with identified City Strategic Commitments. Staff recommends that the City apply to SGC grants as they become available in an effort to support investment in sustainability and climate change mitigation.
FISCAL IMPACT:
Applying for this SGC grant does not commit the City to a financial obligation or to accept the grant, if awarded. This item is administrative in nature and has no fiscal impact.
COMMITTEE RECOMMENDATION:
This grant was presented to the Economic Development Committee on August 7, 2023, and the Committee recommended forwarding this item to Council for approval.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Resolution authorizing the submittal of a Grant Application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation, and authorizing the City Manager, or his designee, to sign grant applications and related documents.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2 https://oehha.ca.gov/calenviroscreen
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT
APPLICATION(S) TO THE STATE OF CALIFORNIA STRATEGIC GROWTH
COUNCIL TO SUPPORT INVESTMENT IN SUSTAINABILITY AND CLIMATE
CHANGE MITIGATION AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO SIGN GRANT APPLICATIONS AND RELATED DOCUMENTS WHEREAS, the State of California Strategic Growth Council (SGC) coordinates and collaborates with public agencies, communities, and stakeholders to achieve sustainability, equity, economic prosperity, and quality of life for all Californians; and WHEREAS, the SGC supports grant programs that provide no-match funding to local and regional governments to address pollution and greenhouse gas emissions, sustainable climate actions, and build climate resiliency and/or capacity; and WHEREAS, the City of Modesto is susceptible to drought conditions, extreme heat events, and other negative impacts from climate change, making this region more competitive for grants based on environmental justice, pollution burden, or other related measures of disadvantage; and
WHEREAS, Staff recommends that the City apply to SGC grants as they become available in an effort to support investment in sustainability and climate change mitigation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the submittal of grant application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to sign grant applications and related documents. #15..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 26th day of September 2023, by Councilmember? who moved its adoption, which motion being duly seconded by Councilmember? was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: __________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 26, 2023
Date: August 17, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Program Year 2022-2023 Consolidated Annual Performance Evaluation Report CONTACT: Jessica Hill, Director of Community and Economic Development [email protected], (209) 577-5321
DESCRIPTION:
Hearing to consider acceptance of the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023. (Funding Sources: (Various HUD Funding Sources).
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C: Develop Homelessness and Housing Plan.
BACKGROUND:
Each year, the City receives Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funding from the U.S.
Department of Housing and Urban Development (HUD). The objective of the CDBG Program is to develop viable urban communities through decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons by supporting activities such as public facilities improvements, social services, affordable housing, fair housing, economic development and addressing homelessness.
The HOME program supports a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people.
The ESG program provides funding for a variety of services including but not limited to engaging homeless individuals and families, emergency shelters, homeless prevention, and rapid rehousing activities.
To be eligible for funding awards, HUD requires the City to develop and adopt a Consolidated Plan every five years. The Consolidated Plan analyzes the City’s housing and community development needs, with priority on serving low- and moderate-income individuals, households, #16..
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2022-2023 Consolidated Annual Performance Evaluation Report
and neighborhoods (as defined by HUD), and establishes a 5-year strategy outlining how the City will utilize CDBG, HOME and ESG funding for meeting the needs identified.
As a component of the five-year Consolidated Plan, the City must annually prepare and adopt an Annual Action Plan outlining the projects to be carried out for each Program Year within the five-year period. At the conclusion of each program year, the City is required to prepare a Consolidated Annual Performance Evaluation Report (CAPER) detailing how the City utilized its HUD funds during a particular program year, the progress of each project identified in the Annual Action Plan, and how the projects aligned with both the Annual Action Plan and Consolidated Plan.
The Annual Action Plan for fiscal year 2022-2023 was approved by Council on May 24, 2022 by Resolution 2022-246. The plan represents the third plan of the City of Modesto’s 2020-2024 Consolidated Plan.
On August 22, 2022, HUD awarded the City of Modesto reallocated ESG CV funds in the amount of $632,829.55. This funding was programmed by 2019-2020 Annual Action Plan Amendment #5 approved by City Council on May 9, 2023, by Resolution 2023-227.
DISCUSSION:
The CAPER must be submitted to HUD no later than 90 days after the completion of the Program Year; therefore, the CAPER is due to HUD no later than September 28, 2023.
Before submitting the performance reports to HUD, pursuant to 24 CFR 91.115(d), the city must provide notice to citizens and make the full performance report, CAPER, available for citizen comment for a period not less than 15 days. The report was available for public review on August 17, 2023 starting the public comment period. The CAPER document public comment period closes with the hearing at the Council meeting on Tuesday, September 26, 2023. Any comments received during the public review period, or during the Council meeting, will be incorporated into the final CAPER.
As an Entitlement Community, the City of Modesto is awarded HUD funds every year for CDBG, ESG and HOME programs. For fiscal year 2022-2023, the City of Modesto was awarded $1,836,974 in CDBG funds, $158,817 in ESG funds and $1,013,807 in HOME funds. In addition to the annual CDBG, ESG, and HOME entitlement funding, the City was awarded one-time grants to prepare, prevent, and respond to COVID-19 through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The City received $2,385,772 in Community Development Block Grant -Coronavirus (CDBG-CV) and $3,928,372 in Emergency Solutions Grant - Coronavirus (ESG-CV). The 2022-2023 CAPER will report both entitlement and CARES Act funding accomplishments that have carried through the fiscal year.
On August 22, 2022, the City was awarded an additional $632,829.55 of ESG-CV reallocated funds from the Emergency Solutions Grants programs from the Department of Housing and Urban Development (HUD). These funds are to be used to prevent, prepare for, and respond to the coronavirus pandemic among individuals and families who are experiencing homelessness or receiving homeless assistance; and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts of COVID-19. #16..
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City Council, September 26, 2023
2022-2023 Consolidated Annual Performance Evaluation Report
Below is a list of some accomplishments and/or highlights that took place during Program Year 2022 identified in the CAPER:
Public Facilities
The City partnered with Parks Planning and the Boys and Girls Club when it was determined that its current site no longer fit the program. The collaboration determined that moving the modular from Martin Luther King Jr Park to 920 Sunset Ave would allow the Boys and Girls Club the ability to expand operations. The City approved this move and agreed to fund Parks Planning for the installation and rehabilitation of the modular unit with CDBG. This site also opened the opportunity for the Boys and Girls club to collaborate with First Tee of Central Valley, another non-profit that increases the Boys and Girls Club access to schools located at the heart of the City’s low-income community. The new location is also close enough that the existing participants can still be included in the program. This project was completed on December 6th, 2022 and began serving clients at 920 Sunset Ave on June 1, 2023.
Affordable Housing
The City partnered with Stanislaus County Affordable Housing Corporation to convert 319 Laurel Avenue into a permanent supportive housing facility. The property is a 2-bedroom 1 bath single family home comprised of 756 square feet. The rehabilitation of the unit was successfully completed and utilized to provide a family with the opportunity to access affordable, long-term housing accommodations.
The City continued its partnership with EAH Inc. to construct Phase II of the Archway Commons Apartment complex. This project will produce 74 rental units. The project broke ground on June 30, 2021 and was completed in December of 2022 with occupancy occurring in February of 2023.
Affordable Housing – Owner Occupied Housing Rehabilitation – CDBG The City’s Homeowner Rehabilitation Program offers health and safety repair assistance to eligible households. Repairs include, but not limited to, installation of energy efficient windows, energy efficient HVAC systems, re-roof, ADA bathroom improvements, electrical repairs, and ADA ramps. A total of ten (10) eligible households were served through this program for a total of $255,999 that was distributed in loans and grants through the City's Homeowner Rehabilitation Program.
Public and Homelessness Services
Every year, the City provides funding opportunities (via a competitive grant application process) to local non-profits for new or expanded services to the low-income community. A total of 1,244 individuals were assisted with CDBG funds by 8 non-profit subrecipients and 590 households were assisted with ESG funds by 5 non-profit homeless service providers. The following are highlights of some CDBG Public service and ESG service provider partners:
Project Sentinel – Fair Housing and Tenant/Landlord Mediation – CDBG Project Sentinel activities comprised of 78 unduplicated individuals served that resulted in a total of 32 fair housing investigation cases. Cases investigated included cases related to disability discrimination, race/national origin, family composition, and sex discrimination. Project Sentinel also served individuals with fair housing and tenant/landlord mediation services, one-on-one counseling and group workshops for housing providers, consumers, and social service agencies to educate them about fair housing laws.
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City Council, September 26, 2023
2022-2023 Consolidated Annual Performance Evaluation Report
Youth For Christ – CDBG
Youth for Christ is a neighborhood focused program specifically targeting, but not limited to, 11– 19-year-old youth with the goal to create a one stop shop for classes, activities, service projects, and safe relationship building outside of school hours and including for youth who are leaving the juvenile detention facility. Classes offered to youth include job development, healthy relationship skills, counseling, and mentoring. During the program year, Youth for Christ assisted 70 youth with services through their City Life program.
Community Housing and Shelter Services (CHSS) – Homeless Prevention – CDBG CHSS provided short term rental assistance to prevent evictions for households at risk of being homeless. A total of 6 households received short term permanent housing and ongoing case management to assure they remain in permanent housing.
Healthy Alternative to Violent Environments (HAVEN) – ESG HAVEN offers a variety of supportive services to individuals and families impacted by domestic violence, sexual assault, and human trafficking. Haven operates the only confidential domestic violence shelter in Stanislaus County. Victims fleeing abuse, who are homeless or imminently homeless, are eligible for up to six weeks of shelter. Available services include 24-hour crisis intervention and safety planning, peer counseling, legal advocacy, and support groups for adults and children affected by trauma. Haven assisted 82 unduplicated households comprising 140 unduplicated individuals, for a total of 82 unduplicated households, with shelter and case management for the program year.
CARES Act Funded Programs
In response to the Global Pandemic, the City of Modesto focused on providing economic support through various partners to serve the most vulnerable in the community. Some accomplishment highlights that took place during Program Year 2022-2023 include:
Opportunity Stanislaus CPT+ and Career Ready Program – CDBG-CV Opportunity Stanislaus launched two new programs. The first program is their Certified Production Technician Plus, which will include a 9-week cohort. Training consists of 81 hours of basic industrial training. The second program, Career Ready Program, focuses on assisting individuals learning the skills to obtain a career and keep their career. This program offers three workshops with two separate three-hour sessions per workshop. Topics include Winning Mannerisms, Dealing with Interview Anxiety, How to Set Yourself Apart, Core Behaviors Essential to Success, etc. These courses are focused on teaching individuals not only how to land the job, but how to retain the job.
CAMP2HOME – ESG
Through a community-wide visioning and planning process, the City of Modesto identified priorities to develop and implement a comprehensive homelessness action plan that reduced encampments in public spaces, ensured the provision of supportive services, and identified strategies for permanent housing through the following program components:
Street Outreach: Through the Street Outreach component, the Community Health and Assistance Team (CHAT), formerly known as the HEART team, was expanded to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs. CHAT works closely with sworn police officers to respond to non-violent calls. This alternative response #16..
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City Council, September 26, 2023
2022-2023 Consolidated Annual Performance Evaluation Report
allows sworn officers to focus more on higher priority calls. During the program year 2022- 2023, the CHAT Team served 1,094 unduplicated individuals and made 2,827 contacts with individuals experiencing unsheltered homelessness.
Emergency Shelter: Emergency shelter was prioritized within the Camp2Home initiative to create a pipeline for unsheltered individuals to connect to shelter services. The City provided funding to support and bolster operations of the community’s largest shelter, which also includes a low barrier shelter wing. The shelter was able to serve the maximum number of individuals and still adhere to public health guidelines and maintain social distancing requirements. During the program year of 2022-2023 the shelter served 1,519 unduplicated individuals.
Job Training: Job Training is a key component of the Camp2Home program in helping individuals to secure permanent employment and permanent housing. The Downtown Streets Team (DST) program aims to end homelessness through workforce training, employment, and employer pipelines.
DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping team members activate skills and attributes necessary to move toward employment, housing, and a better quality of living. This is attained through things like maintaining a schedule, teamwork, accountability, self-confidence and more. Through a Structured Daily Activity (SDA) model, DST team members rebuild all of these as well as regain a sense of pride in, and stewardship of, their community and at the same time gain valuable experience they can list at the top of their resume to overcome long work experience gaps.
During the program year 2022-2023, 31 unduplicated individuals participated in this program.
The City of Modesto also funded Downtown Streets Team for a job training program not associated directly with the shelters, funded with CDBG and 111 unduplicated individuals were served.
Permanent Employment: Permanent and sustainable employment affords individuals dependent on others for daily survival, the ability to gain independence and control over their own lives. The Downtown Streets Team (DST) and Workforce Development have partnered to train Camp2Home participants for the job market. DST and Workforce Development create ongoing relationships with local employers to ensure program participants fit the needs of each employer and skills necessary for the job. Employers who partner with the City of Modesto to hire Camp2Home graduates will be considered a “fair chance employer.” In addition, after graduating from the program, participants will receive ongoing case management from the Downtown Streets Team for one year. This ongoing case management further assists individuals that have developed a pattern living in “survivor mode” and helps transition them to a thriving, forward-planning lifestyle. During the program year 2022-2023, at total of 10 unduplicated individuals obtained employment: 5 obtained permanent employment and 5 obtained temporary/seasonal employment.
Permanent Housing: Camp2Home considers that securing stable employment is a priority to ensure housing success. Therefore, as individuals graduate from the job training program and obtain gainful and sustainable employment, they are eligible for the next step in the process – rapid rehousing assistance.
The Downtown Streets Team provides case management as part of the rapid rehousing assistance to help individuals connect to resources that improve their safety and well-being as well as achieve long-term housing and employment goals. This includes providing or ensuring #16..
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City Council, September 26, 2023
2022-2023 Consolidated Annual Performance Evaluation Report
households have access to resources related to income and healthcare benefits, and employment and community-based services so they can continue rent payments independently when rental assistance ends. During program year 2022-2023 a total of 16 unduplicated individuals were permanently housed.
A copy of the draft CAPER is provided as Attachment 2.
FISCAL IMPACT:
There is no impact to the general fund. HUD requires the CAPER be prepared to report on the use of CDBG, ESG, and HOME funds and is made available for public comment which the City made available for public review on August 17, 2023. Failure to submit this required report to HUD by September 28, 2023, could jeopardize the future funding the City receives each year from HUD.
COMMITTEE RECOMMENDATION:
This item was presented to the Citizen Housing and Community Development Committee on September 14, 2023 and recommended forwarding to Council for acceptance.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023 and authorizing the City Manager or his designee, to sign the required documents for submittal to the U.S. Department of Housing and Urban Development.
Approved by:
Jessica Hill, Director of Community and Economic Development Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Program Year 2022-2023 CAPER
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09/26/2023/C&ED/JHill 1 2023-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE CITY OF MODESTO’S CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT FOR PROGRAM YEAR
2022-2023 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN THE REQUIRED DOCUMENTS FOR SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, each year, the City receives Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funding from the U.S. Department of Housing and Urban Development (HUD), and
WHEREAS, the objective of the CDBG Program is to develop viable urban through decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons by supporting activities such as public facilities improvements, social services, affordable housing, fair housing, economic development and addressing homelessness, and
WHEREAS, the HOME program supports a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people, and WHEREAS, the ESG program provides funding for a variety of services including but not limited to engaging homeless individuals and families, emergency shelters, homeless prevention, and rapid rehousing activities, and WHEREAS, to be eligible for funding awards, HUD requires the City to develop and adopt a Consolidated Plan every five years that analyzes the City’s housing and community development needs, with priority on serving low- and moderate-income individuals, households, and neighborhoods (as defined by HUD), and establishes a 5- #16..
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09/26/2023/C&ED/JHill 2 2023-
year strategy outlining how the City will utilize CDBG, HOME and ESG funding for meeting the needs identified, and
WHEREAS, as a component of the five-year Consolidated Plan, the City must annually prepare and adopt an Annual Action Plan outlining the projects to be carried out for each particular Program Year within the five-year period, and WHEREAS, at the conclusion of each program year, the City is required to prepare a Consolidated Annual Performance Evaluation Report (CAPER) detailing how the City spent its CDBG, HOME, and ESG funds during a particular program year, the progress of each project identified in the Annual Action Plan, and how the projects aligned with both the Annual Action Plan and Consolidated Plan, and WHEREAS, the CAPER must be submitted to HUD no later than 90 days after the completion of the Program Year, therefore the CAPER is due to HUD no later than September 28, 2023, and
WHEREAS, a notice informing the public of the availability of the Program Year 2022-2023 CAPER, and the start of the public comment period, was published in the Modesto Bee August 17, 2023, and
WHEREAS, the public review comment period will close on September 26, 2023, and
WHEREAS, the Citizens’ Housing and Community Development Committee (CH&CDC) considered the proposed CAPER on September 14, 2023, and recommended forwarding it to the City Council for approval, and
WHEREAS, a duly noticed public hearing was held by the City Council on September 26, 2023 at 5:30 p.m., in the Tenth Street Place Chambers, located at 1010 #16..
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09/26/2023/C&ED/JHill 3 2023-
Tenth Street, and
WHEREAS, any comments received during the public review period or during the City Council meeting will be incorporated into the final CAPER.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the 2022-2023 Consolidated Annual Performance Evaluation Report for submittal to HUD.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to sign any required certifications and documents for submittal to the U.S.
Department of Housing and Urban Development.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 26th day of September 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Program Year 2022-2023
Consolidated Annual Performance and Evaluation Report
(CAPER)
Approved by Resolution No.
Draft
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Contents
CR-05 - Goals and Outcomes ....................................................................................................................3 CR-10 - Racial and Ethnic composition of families assisted....................................................................15 CR-15 - Resources and Investments 91.520(a) .......................................................................................16 CR-20 - Affordable Housing 91.520(b)....................................................................................................22 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................28 CR-30 - Public Housing 91.220(h); 91.320(j)...........................................................................................38 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)....................................................................................39 CR-40 - Monitoring 91.220 and 91.230...................................................................................................49 Citizen Participation Plan 91.105(d); 91.115(d)......................................................................................51 CR-45 - CDBG 91.520(c) ..........................................................................................................................52 CR-50 - HOME 91.520(d).........................................................................................................................53 CR-60 - ESG 91.520(g) (ESG Recipients only) ..........................................................................................56 CR-65 - Persons Assisted.........................................................................................................................58 2022-2023 SAGE Reports........................................................................................................................59 2021-2022 PR-26 Financial Summary .....................................................................................................60 2021-2022 PR-58 Section 3.....................................................................................................................61 Citizen Participation................................................................................................................................62 Resolution 2023 ......................................................................................................................................63 Draft Page 2 of 63
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CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This Consolidated Annual Performance Evaluation Report (CAPER) provides accomplishment information and status updates of projects and activities funded with U.S. Department of Housing and Urban Development (HUD) funds from funding source programs such as Community Development Block Grant (CDBG) funds, Emergency Solutions Grant (ESG) funds, and HOME Investment Partnerships Program funds for Program Year (PY) 2022-2023 (PY 2022).
The projects and activities outlined within this PY 2022 CAPER were administered and overseen by the City’s Community & Economic Development Department (CEDD).
This report represents the third annual performance report under the City of Modesto’s 2020- 2025 5-year Consolidated Plan. The PY 2022 CAPER captures the expenditures, accomplishments and progress made with activities identified in the Fiscal Year 2022-2023 (July 1, 2022 – June 30, 2023) Annual Action Plan. Specifically, the CAPER outlines the City of Modesto’s achievements in the areas of affordable housing, homeless services, and community development programs including public services and other activities.
The City of Modesto’s primary focus during PY 2022 was to continue improving neighborhoods, building partnerships with community organizations, providing affordable housing opportunities to those in need, improving living conditions, and the provision of services for the homeless, and including individuals with special needs. Goals contained in the City of Modesto Strategic Plan that the City of Modesto deemed relevant for the Consolidated Plan were also among the basis for assigning priorities. In addition to the City’s entitlement goals and accomplishments, during PY 2022, the City also had to prioritize the response to the global COVID-19 pandemic to ensure the City was meeting the needs of its most vulnerable citizens and address or prevent the spread of COVID-19.
Some accomplishment highlights that took place during Program Year 2022-2023 include:
Public Facilities – CDBG
Boys and Girls Club
The City partnered with Parks Planning and the Boys and Girls Club when it was determined that its current site no longer fit the program. The collaboration determined that moving the Draft Page 3 of 63
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modular from Martin Luther King Jr Park to 920 Sunset Ave would allow the Boys and Girls Club the ability to expand operations. The City approved this move and agreed to fund Parks Planning for the installation and rehabilitation of the modular unit with CDBG. This site also opened the opportunity for the Boys and Girls club to collaborate with First Tee of Central Valley, another non-profit that increases the Boys and Girls Club access to schools located at the heart of the City’s low-income community. The new location is also close enough that the existing participants can still be included in the program. This project was completed on December 6th, 2022 and began serving clients at 920 Sunset Ave on June 1, 2023.
Affordable Housing - Owner Occupied Housing Rehabilitation – CDBG A total of $255,999 was distributed in loans and grants through the City's Homeowner Rehabilitation Program. A total of ten (10) eligible households were served through this program. The City assisted eligible households with health and safety repairs including, but not limited to installation of energy efficient windows, energy efficient HVAC systems, re-roof, ADA bathroom improvements, electrical repairs, and ADA ramps.
Public Services Program
Every year, the City provides funding opportunities (via a competitive grant application process) to local non-profits for new or expanded services to the low-income community. A total of 1,345 individuals were assisted with CDBG funds by 9 non-profit subrecipients and 280_ households were assisted with ESG funds by 4 non-profit homeless service providers. The following are highlights of some CDBG Public service and ESG service provider partners:
Project Sentinel – Fair Housing and Tenant/Landlord Mediation – CDBG Project Sentinel activities comprised of 78 unduplicated individuals served that resulted in 32 opened fair housing investigation.. Complaint cases investigated included cases related to disability discrimination, race/national origin, family composition, and sex discrimination.
Project Sentinel also served individuals with fair housing and tenant/landlord mediation services, one-on-one counseling and group workshops for housing providers, consumers and social service agencies to educate them about fair housing laws.
Youth For Christ – CDBG
Youth for Christ is a neighborhood focused program specifically targeting, but not limited to, 11–19-year-old youth with the goal to create a one stop shop for classes, activities, service projects, and safe relationship building outside of school hours including youth who are leaving Draft Page 4 of 63
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the juvenile detention facility. Classes offered to youth include job development, healthy relationship skills, counseling, and mentoring. During the program year, Youth for Christ assisted 70 youth with services through their City Life program.
Community Housing and Shelter Services (CHSS) – Homeless Prevention – CDBG CHSS provided short term rental assistance to prevent evictions for households at risk of being homeless. A total of 6 households received short term permanent housing and ongoing case management to assure they remain in permanent housing.
CASA of Stanislaus County – CDBG
CASA is an intervention and prevention program - working to prevent future incidence of abuse and protecting siblings from similar experiences by assisting child welfare professionals and acting as "the eyes and ears" of the Juvenile court judge. CASA has a proven record of success.
Children who have a CASA volunteer and have an opportunity to return to their family spend an average of a year less in the foster care system than those who do not have a CASA volunteer.
Children represented by a CASA volunteer are given a voice: someone who investigates, makes recommendations on their behalf, and advocates for services that will directly impact and benefit them. A total of 31 unduplicated individual youth was served in program year 2022- 2023.
Healthy Alternative to Violent Environments (HAVEN) – ESG HAVEN offers a variety of supportive services to individuals and families impacted by domestic violence, sexual assault, and human trafficking. Haven operates the only confidential domestic violence shelter in Stanislaus County. Victims fleeing abuse, who are homeless or imminently homeless, are eligible for up to six weeks of shelter. Available services include 24-hour crisis intervention and safety planning, peer counseling, legal advocacy, and support groups for adults and children affected by trauma. Haven assisted 82 unduplicated households comprising 140 unduplicated individuals with shelter and case management for the program year.
Turning Point – Rapid Rehousing – ESG
Turning Point Community Programs operates the Housing Assessment Team (HAT). The HAT program provides engagement and outreach services to individuals and families living unsheltered. The HAT program provided rapid rehousing assistance to 3 unduplicated households for a total of 5 individuals and assisted with short-term to medium-term rental assistance.
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Affordable Housing Acquisition – CDBG
The City recognized that the availability of affordable housing to serve the most vulnerable in the community during the pandemic, it needed to create affordable housing situations that could be occupied quickly. The City partnered with Stanislaus County Affordable Housing Corporation (STANCO) to acquire an existing single-family residence that was able to be quickly occupied.
CARES Act Funded Programs
In response to the Global Pandemic, the City of Modesto focused on providing economic support through various partners to serve the most vulnerable in the community. Some accomplishment highlights that took place during Program Year 2022-2023 include:
Opportunity Stanislaus CPT+ and Career Ready Program – CDBG-CV Opportunity Stanislaus launched two new programs. The first program is their Certified Production Technician Plus, which will include a 9-week cohort. Training consists of 81 hours of basic industrial training. The second program, Career Ready Program, focuses on assisting individuals learn the skills to obtain a career and keep their career. This program offers three workshops with two separate three-hour sessions per workshop. Topics include Winning Mannerisms, Dealing with Interview Anxiety, How to set yourself apart, Core Behaviors Essential to Success, etc. These courses are focused on teaching individuals not only how to land the job, but how to retain the job.
CAMP2HOME – ESG
Through a community-wide visioning and planning process, the City of Modesto identified priorities to develop and implement a comprehensive homelessness action plan that reduced encampments in public spaces, ensured the provision of supportive services, and identified strategies for permanent housing through the following program components:
Street Outreach: Through the Street Outreach component, the Community Health and Assistance Team (CHAT), formerly known as the HEART team, was expanded to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs. CHAT works closely with sworn police officers to respond to non-violent calls. This alternative response allows sworn officers to focus more on higher priority calls. During the program year 2022- 2023, the CHAT Team served 1,094 unduplicated individuals and made 2,827 contacts with individuals experiencing unsheltered homelessness.
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Emergency Shelter: Emergency shelter was prioritized within the Camp2Home initiative to create a pipeline for unsheltered individuals to connect to shelter services. The City provided funding to support and bolster operations of the community’s largest shelter, which also includes a low barrier shelter wing. The shelter was able to serve the maximum number of individuals and still adhere to public health guidelines and maintain social distancing requirements. During the program year of 2022-2023 the shelter served 1,519 unduplicated individuals.
Job Training: Job Training is a key component of the Camp2Home program in helping individuals to secure permanent employment and permanent housing. The Downtown Streets Team (DST) program aims to end homelessness through workforce training, employment, and employer pipelines.
DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping team members activate skills and attributes that are necessary to move toward employment, housing, and a better quality of living. This is attained through things like maintaining a schedule, teamwork, accountability, self-confidence and more. Through a Structured Daily Activity (SDA) model, DST team members rebuild all of these as well as regain a sense of pride in, and stewardship of, their community and at the same time gain valuable experience they can list at the top of their resume to overcome long work experience gaps.
During the program year 2022-2023, 31 unduplicated individuals participated in this program.
The City of Modesto also funded Downtown Streets Team for a job training program that was not associated directly with the shelters, funded with CDBG and 1112 unduplicated individuals were served.
Permanent Employment: Permanent and sustainable employment affords individuals dependent on others for daily survival, the ability to gain independence and control over their own lives. The Downtown Streets Team (DST) and Workforce Development have partnered to train Camp2Home participants for the job market. DST and Workforce Development create ongoing relationships with local employers to ensure program participants fit the needs of each employer and skills necessary for the job. Employers who partner with the City of Modesto to hire Camp2Home graduates will be considered a “fair chance employer.” In addition, after graduating from the program, participants will receive ongoing case management from the Downtown Streets Team for one year. This ongoing case management further assists individuals that have developed a pattern living in “survivor mode” and helps transition them to a thriving, forward-planning lifestyle. During the program year 2022-2023, at total of 10 unduplicated individuals obtained employment: 5 obtained permanent employment and 5 obtained temporary/seasonal employment.
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Permanent Housing: Camp2Home considers that securing stable employment is a priority to ensure housing success. Therefore, as individuals graduate from the job training program and obtain gainful and sustainable employment, they are eligible for the next step in the process – rapid rehousing assistance.
The Downtown Streets Team provides case management as part of the rapid rehousing assistance to help individuals connect to resources that improve their safety and well-being as well as achieve long-term housing and employment goals. This includes providing or ensuring that households have access to resources related to income and healthcare benefits, and employment and community-based services so they can continue rent payments independently when rental assistance ends. During program year 2022-2023 a total of 16 unduplicated individuals were permanently housed.
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Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category/Funding Source Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Improve
Quality and
Increase
Affordable
Housing
Affordable Housing
CDBG $286,394
CDBG-CV $409,022
Public
Facility or
Infrastructu
re Activities
for
Low/Moder
ate Income
Housing
Benefit
Households
Assisted
47 59 125.53% 0 0 0%
Rental Units
Constructed
Household
Housing Units
117 0 0% 116 0 0%
Rental Units
Rehabilitate
d
Household
Housing Units
40 9 22.5% 0 5 0%
Homeowner
Housing
Rehabilitate
d
Household
Housing Units
90 71 78.89% 11 11 100%
Housing for
Homeless
Added
Household
Housing Units
103 103 100% 0 0 0%
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Goal Category/
Funding Source
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategi
c Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complet
e
Working Towards
Ending
Homelessness
Homeless
CDBG $121,223
ESG $235,865
ESG-CV $1,503,995
Public
service
activities
other than
Low/Moder
ate Income
Housing
Benefit
Persons
Assisted
9400 16,611 176.71% 90 5943 6603.3%
Access to Jobs,
Education, and
Other Services
Non-Housing Community
Development
CDBG $196,522
CDBG-CV $78,629
Public
service
activities
other than
Low/Moder
ate Income
Housing
Benefit
Persons
Assisted
650 2897 445.69% 0 0 0%
Jobs
Created/Ret
ained
Jobs 5 47 940% 0 0%
Businesses
Assisted
Businesses
Assisted
28 45 160.71% 0 0%
Other Other 6250 3448 55.17% 1958 2198 112.26%
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Goal Category/
Funding Source
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Enhance
Infrastructure and
Public Facilities
CDBG $390,618 Public
Facility or
Infrastructu
re Activities
for other
than
Low/Moder
ate Income
Housing
Benefit
Persons
Assisted
6000 365 6.08% 5395 365 14.78%
Admin CDBG $1,006,082
CDBG-CV $124,020
HOME $200,115
ESG $11,911
Table 1 - Accomplishments – Program Year & Strategic Plan to Date In April 2019 the City was awarded CARES Act funding as a direct entitlement community. Because the PY 2021 Annual Action Plan was not in place at that time, HUD directed the City to amend the PY 2019 Annual Action Plan. The PY 2019 Annual Action Plan was the 5th year of the 2015-2020 Consolidated Plan and therefore the outcomes associated with the CARES Act funds are not associated to the PY 2021 goals outlined in Table 1; however, HUD has instructed the City to report CARES Act accomplishments in the 2020- 2024 Consolidated Plan’s Annual CAPER reports. As a result, the Actual Program year and cumulative numbers and related percentage completion numbers reflected on Table 1 - Accomplishments may far exceed the annual goals due to the increase in Draft Page 11 of 63
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CARES Act funding and services.
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Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The City of Modesto’s Consolidated Plan identified a total of 5 Priority Need areas broadly categorized as:
• Affordable Housing
• Addressing and Preventing Homelessness
• Enhance Infrastructure and Public Facilities
• Public Services
• Community and Economic Development
Each CDBG funded activity funded was appropriately vetted to ensure that it met one of the above listed priority needs, and, more importantly, that it met a CDBG National Objective.
The City of Modesto’s overall priority is to increase self-sufficiency and economic opportunity for lower- income residents and individuals with special needs so that they can achieve a reasonable standard of living. The City of Modesto’s approach to assist lower-income individuals achieve increased self-sufficiency and economic opportunity has been through the provision of a combination of the following: affordable housing; supportive services to maintain independence; investment in lower-income and deteriorating neighborhoods; and in facilities that serve lower-income populations.
The City of Modesto, by focusing on these overall priorities, seeks to address community concerns such as:
• A need for additional affordable housing to address housing problems such as overcrowding, affordability, homelessness, and substandard housing conditions for the City of Modesto’s lowest income residents such as acquisition/rehabilitation or construction of multi-family housing projects for large families, homeless, and/or special needs populations;
• Supportive services that increase the ability of seniors, persons with disabilities, and others with special needs to live independently and avoid institutional living situations; • A network of shelter, housing, and support services to prevent homelessness, move the homeless to permanent housing and independence, and decrease the number of homeless households with children; and Programs that promotes economic development and creates jobs, and that increase the job skills of potential employees from the targeted lower-income groups.
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This Program Year, the City funded activities that addressed the following Consolidated Plan priority areas:
• Affordable Housing:
▪ The City funded 10 homeowner housing rehabilitation loans to low-income households.
▪ 319 Laurel: The 319 Laurel Avenue a 2-bedroom 1 bath, 756 square foot single family home located in a residential zone in Modesto underwent a rehabilitation project through a partnership with Stanislaus County Affordable Housing Corporation. The objective of this endeavor was to convert the property into a permanent supportive housing facility. It was successfully completed and utilized to provide a family with the opportunity to access affordable, long-term housing accommodations.
• Addressing and Preventing Homelessness
▪ Partnered with three (3) homeless service providers to address homelessness through homeless prevention and rapid rehousing.
▪ Continued the Camp2Home program to break the circle of homelessness, from outreach, shelter services, robust job training, permanent employment, and permanent rehousing.
• Enhance Infrastructure and Public Facilities:
▪ Boys and Girls Club: The City partnered with Parks Planning and the Boys and Girls Club when it was determined that its current site is no longer fit the program. The collaboration determined that moving the modular from Martin Luther King Jr Park to 920 Sunset Ave would allow the Boys and Girls club the ability to expand operations. The City approved this move and agreed to fund Parks Planning for the installation and rehabilitation of the modular unit with CDBG. This site also opened the opportunity for the Boys and Girls club to collaborate with First Tee of Central Valley, another non-profit that increases the Boys and Girls Club access to schools located at the heart of the City’s low-income community. The new location is also close enough that the existing participants can still be included in the program.
▪ Ralston Towers: Is a small City Park currently under development by the City’s Park and Recreation Department to renovate and include features such as: an open area for Tai Chi, seating area, drinking fountain, and low-impact and durable exercise features designed to improve strength, balance, and coordination. This park is a public facility open to all citizens.
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• Public Services:
▪ Provided CDBG and public service grants to nine 9 non-profit service providers to provide essential services to low-income individuals and households. ▪ Fair Housing: Partnered with Project Sentinel to provide services such as fair housing discrimination investigation and tenant-landlord dispute resolution.
Community and Economic Development
▪ Opportunity Stanislaus launched two new programs. The first program is their Certified Production Technician Plus, which will include a 9-week cohort. Training consists of 81 hours of basic industrial training. The second program, Career Ready Program, focuses on assisting individuals learn the skills to obtain a career and keep their career. This program offers three workshops with two separate three-hour sessions per workshop. Topics include Winning Mannerisms, Dealing with Interview Anxiety, How to set yourself apart, Core Behaviors Essential to Success, etc. These courses are focused on teaching individuals not only how to land the job, but how to retain the job.
CR-10 - Racial and Ethnic composition of families assisted Race CDBG HOME ESG
White 1634 0 3703
Black or African American 349 0 634
Asian 78 0 124
American Indian or American Native 72 0 237
Native Hawaiian or Other Pacific Islander 27 0 62
Total 2160 0 4760
CDBG HOME ESG
Hispanic 869 0 1226
Not Hispanic 1291 0 3034
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Narrative
The demographic numbers reported in this table represent unduplicated individuals served via all PY 2022-2023 funded activities, including but not limited to, public services, housing programs, homeless services, and CARES Act funded programs. The City also served the following individuals that identified as Other for CDBG 172. This brings the total served to for 2,332 CDBG.
The City of Modesto offers services and programs to eligible households regardless of race or ethnicity of Modesto. Beneficiary demographic data is collected and validated throughout the program year. The demographic data reported in this table is a representation of beneficiaries served through each entitlement program during Program Year 2022-2023.
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG CDBG $4,515,920 $2,069,719
HOME HOME $4,206,411 $263,958
HOME ARP HOME ARP $3,409,774 $0.00
ESG ESG $259,565 $277,827
CDBG-CV CDBG-CV $2,385,503 $723,346
ESG-CV ESG-CV $3,960.962 $1,416,657
Table 3 - Resources Made Available
Narrative
Table 3 identifies the resources made available and expended during the program year.
Resources made available in PY 2022 include program income received and carryover funds from previous program years. Any unexpended resources will be carried over into the following program year. The expended numbers may adjust during this document’s draft period.
The City of Modesto made available CARES Act funding during PY 2020 and 2021. The City was awarded a total of $2,385,772 in CDBG-CV funds and to date has expended $2,217,672. The City was also awarded $3,928,372 in ESG-CV funds and to date has expended $3,921,050. These funds have been allocated in program years 2019, 2020, and 2021 and the City continues to respond to the needs of the community as it relates to addressing and preventing COVID-19.
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On August 22, 2022, the City was awarded an additional $632,829.55 of ESG-CV reallocated funds from the Emergency Solutions Grants programs from the Department of Housing and Urban Development (HUD). These funds are to be used to prevent, prepare for, and respond to the coronavirus pandemic among individuals and families who are experiencing homelessness or receiving homeless assistance; and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts of COVID-19.
Identify the geographic distribution and location of investments Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
LOW INCOME CENSUS
TRACTS
- -
See Narrative description
below
Table 4 – Identify the geographic distribution and location of investments Narrative
The City of Modesto did not identify target areas for the geographic distribution of investments.
However, the City of Modesto uses all CDBG, ESG, and HOME funds to primarily benefit low-income households and individuals (at or below 80% of the Area Median Income). Area based projects are distributed only within low-income Census Block Groups as designated by HUD.
If 51 percent or more of the households in a given Census Block Group qualify as low- or moderate-income, or 51 percent or more of the population are members of minority groups, then the Block Group is defined as an area of low-income concentration.
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City was able to leverage additional resources in several of its projects. Leverage amounts are listed under each program section below:
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CDBG Leverage:
Project Name CDBG Funds Committed Leverage Amount Leverage Source Boy’s and Girls
Club
$635,000 $122,173 Private Funds
Public Services $228,000 $404,228 Federal, State, Local, Private, Other
Total $228,000 $404,228
ESG – 100% Match Requirement
For the ESG program, the City of Modesto required that ESG sub-recipients provide a dollar-for-dollar match for ESG funds received. Typically, the City of Modesto can generate significantly more match than the amount required through its allocation of CDBG funds for ESG activities and primarily through the cash and non-cash contributions provided by ESG sub-recipients as a result of the generosity of their donors, supporters, and other funders.
A total of $ 522,133 was contributed as match in PY 2022 from both ESG entitlement and ESG CARES act funding.
Publicly Owned land to address needs identified in the Consolidated Plan During PY 2022, the City continued to work with EAH for the planning and development of Archway Commons Phase II, a 74-unit multi-family affordable housing project. This site was previously owned by the City and has been transferred to EAH for this housing development. In PY 2019, the City and EAH were successfully awarded a $14,276,157 Affordable Housing and Sustainable Communities grant from the State of California for this project and successfully closed during the PY 2020. The total project cost is $32,842,807 with a leverage amount of $31,442,807. This project was completed in December of 2022 with occupancy occurring February 2023.
In 2019, the State of California took several actions to make state and local public lands available for affordable housing development including:
• An executive order to make excess state land available for affordable housing • Connecting affordable housing developers to local surplus land and strengthening enforcement of the Surplus Lands Act
• Requiring cities and counties to inventory and report surplus and excess local public lands to include in a statewide inventory
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In compliance with the Surplus Lands Act, the City is currently compiling an inventory of all city owned surplus properties. Staff has begun reviewing the inventory of city owned surplus property. Currently six properties were identified as surplus for affordable housing projects.
Staff is working closely with local affordable housing developers to complete the scope of work and move forward with these projects.
In addition, the City of Modesto is facilitating the Housing Authority’s property acquisition efforts of a portion of a property located at 1500 Robertson Road Modesto, CA, which is currently owned by the Tuolumne River Regional Park Joint Powers Authority (composed of the Cities of Ceres, Modesto, and County of Stanislaus). The Housing Authority plans to build 92 affordable housing units and related improvements on approximately 4 acres of land. The project, by the name of Parque Rio, will provide much needed housing for low-income families (70 units) and seniors (22 units). The transfer of the property will occur in the winter of 2023 HOME Program
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year $42,270,030.44
2. Match contributed during current Federal fiscal year $0.00
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $42,270,030.44
4. Match liability for current Federal fiscal year $0.00*
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $42,270,030.44 Table 5 – Fiscal Year Summary - HOME Match Report
* Match Liability per PR33 Report.
FY 2020 HOME Match Reductions Waiver
The City of Modesto applied for and was approved for 100% match reductions granted for FY 2020 due to fiscal distress, severe fiscal distress, Presidential disaster declarations, and reductions due to the COVID-19 pandemic. These match reductions were made available to affected states and local jurisdictions through CPD Memo: Availability of Waivers and Suspensions of the HOME Program Requirements in Response to COVID-19 Pandemic, dated April 10, 2020. This match reduction waiver is in effect from October 19, 2019 until September 30, 2022 and applies to funds expended by a PJ for FY 2020, FY 2021, and FY 2022.
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HOME Match Contribution for the Federal Fiscal Year
Project
No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated
labor
Bond
Financing
Total Match
N/A N/A N/A N/A N/A N/A N/A N/A
HOME PROGRAM INCOME
Program Income – Enter the program amounts for the reporting period Balance on hand
at beginning of
reporting period
$
Amount received
during reporting
period
$
Total amount
expended during
reporting period
$
Amount
expended for
TBRA
$
Balance on hand
at end of
reporting period
$
$439770.42 $119,376.35 $62,156.97 $0.00 $496,989.80
Table 6 – HOME Program Income
Balance Reported per IDIS PR09 Report
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Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Contracts Total
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-HispanicHispanic White Non-Hispanic
Number 1 0 0 0 0 1
Dollar
Amount
1,400,000 0 0 0 0 1,400,000
Sub-Contracts
Number
39 0 0 0 1 38
Dollar
Amount
1,400,000 0 0 0 2848 1,397,152
Women Business Enterprises
Contracts Total Women
Business
Enterprises
Male
Number 1 0 1
Dollar
Amount
1,400,000 0 1,400,000
Sub-Contracts
Number
39 3 36
Dollar
Amount
1,400,000 256,323 1,143,677
Table 7 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners Draft Page 21 of 63
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and the total amount of HOME funds in these rental properties assisted Minority
Property
Owners
Total Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-HispanicHispanic White Non-Hispanic
Number 0 0 0 0 0 0
Dollar
Amount
0 0 0 0 0 0
Table 8 – Minority Owners of Rental Property
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced
0 0
Households Temporarily
Relocated, not Displaced
0 0
Minority Property Enterprises
Households
Displaced
Total Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-HispanicHispanic White Non-Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 9 – Relocation and Real Property Acquisition
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, Draft Page 22 of 63
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moderate-income, and middle-income persons served
Population Type One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 27 37
Number of Non-Homeless households to be
provided affordable housing units 99 33
Number of Special-Needs households to be
provided affordable housing units 9 2
Total 135 72
Table 10 – Number of Households
Service Type One-Year Goal Actual
Number of households supported through
Rental Assistance 106 60
Number of households supported through
The Production of New Units 8 0
Number of households supported through
Rehab of Existing Units 20 11
Number of households supported through
Acquisition of Existing Units 1 1
Total 135 72
Table 11 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Tables 10 and 11 represent households served or units generated with the CDBG, CDBG-CV, ESG, ESG-CV, and HOME funding resources.
Table 10 represents the various households that were provided new units of housing through rental assistance, new construction, and/or rehabilitation of funded units. Households served in table 10 are broken out as follows:
• 37 Homeless Households were provided affordable housing units through the funding of the following rapid rehousing providers:
o 16 Households - Downtown Streets Team
o 3 Households - Turning Point
o 18 Households – Community Housing and Shelter Services • 33 Households supported through the production of new units:
o 10 homeowner housing units were rehabilitated
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o 23 Households – CHSS
• 2 Special Needs Households were provided affordable housing units o 308 Locust – STANCO
o 319 Laurel – STANCO
Table 11 represents the various households that were provided new units of housing through newly rented, new construction, and/or rehabilitation of units. Households served in table 11 are broken out as follows:
• 60 households received rental assistance
o 23 Households - CHSS (homeless prevention)
o 16 Households - Downtown Streets Team (rapid rehousing) o 3 Households - Turning Point (rapid rehousing)
o 18 Households -CHSS (Rapid Rehousing)
• 11 households were supported through Rehab of Existing Units o 10 homeowner housing units were rehabilitated
o 308 Locust - STANCO
• 1 household was supported through Acquisition of Existing Units o 319 Laurel - STANCO
The production of 8 new units for special needs population was expected through the 416 E.
Coolidge Project. The project experienced delays during PY 2020 and 2021. This project will be completed in PY 2022, but the beneficiary data will not report until the 2023 CAPER.
In addition, the production of 35 new units for special needs population was expected through the 0 Vine Street Project. This project is still in early predevelopment and is expected to begin development in PY 2022.
Discuss how these outcomes will impact future annual action plans.
Though 416 E. Coolidge and Archway Commons will be completed in PY 2022, the accomplishment numbers for this project will not report in the FY 2023-2024 CAPER, so it is anticipated that we will exceed the Consolidated Plan goals.
The City of Modesto continues working with its partners to expand the supply of affordable housing units in the coming annual action plan program year. In December 2022, the City released a Notice of Available Funding that included all sources identified for the development of affordable housing. This has created a pipeline of projects and an avenue to continue fostering local development in the future.
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In addition, the City continues to have dialogue with affordable housing developers and the local Continuum of Care to identify potential resources and housing projects to address the housing needs of homeless and non-homeless population within the low-income spectrum in the City of Modesto.
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Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of persons Served CDBG Actual HOME Actual
Extremely Low-income 2064 0
Low-income 191 0
Moderate-income 77 0
Non-Moderate-Income 0 0
Total 2332 0
Table 12 – Number of Persons Served
Narrative Information
The figures on this table reflect individuals served via the City’s CDBG Public Service Program persons), Housing Rehabilitation program (10 persons), CDBG-CV Public Service Program persons)
Worst-Case Housing Needs
Worst-case housing needs are defined as low-income renter households who pay more than half their income for rent or live in seriously substandard housing (includes homeless people) or have been involuntarily displaced. The City of Modesto serves the worst-case needs by working with the Housing Authority, public service agencies, and with the Community System of Care to maintain an umbrella of services to assist residents in their time of need. The City works with dozens of community partners to leverage funds, maximize the impact, and help more residents. These partnerships, and the programs and initiatives developed by the city, provide a path to a promising future by creating affordable housing, facilitating essential health and educational services, and investing in community improvements. Through the Camp2Home initiative, the City’s Community Development Division partnered with the City of Modesto Police Department to expand the Community Health and Assistance Team (CHAT) to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs.
CHAT works closely with uniformed police officers to respond to non-violent calls. This alternative response allows uniformed officers to focus more on higher priority calls and the alternate response model allows CHAT to connect worst case housing needs individuals with appropriate and alternative resources. During the program year 2022-2023, the CHAT Team served 1,094 unduplicated individuals and made 2,827 contacts with individuals experiencing unsheltered homelessness.
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Further, the City’s efforts to addressing the worst-case needs included the assistance to low-income households via the City’s Homeowner Rehabilitation Program. Prior to participating in the program, many of the units assisted were considered substandard housing units in need of major health and safety related improvements and/or improvements to assist persons with disabilities in making their homes more accessible.
In a local rental housing market where, rental costs have significantly increased, lower income households have a higher likelihood of being cost burdened, paying more than half their income for rent, and/or live in substandard housing. For worst-case housing needs, households that are paying more than half their income for rent, the City’s efforts at addressing their needs consisted of partnerships with local affordable housing providers and/or public service providers through the investment of federal resources to assist such households via rental assistance programs, and/or programs that assist households realize cost savings such as childcare programs, and food assistance.
In addition, the City continued its economic development training program funding to VOLT Institute aimed at providing job training opportunities with the end goal of increasing the incomes of low-income households. The City also partnered with Downtown Streets Team in order to provide job training to homeless individuals with the intent of teaching them skills to land stable jobs and work toward permanent housing and self-sufficiency.
Helping Needs of Persons with Disabilities
All program partners are dedicated to serving all people regardless of physical or mental impairment, includes, but is not limited to, examples of conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug addiction, and alcoholism. Below are some of the programs that specialize in addressing this need:
The City of Modesto continued to partner with Stanislaus County Affordable Housing Corporation (STANCO) on affordable housing projects that serve mental health clients, a population at high-risk of homelessness. The units they produce and manage are ADA accessible and are tailored with the tenants’ medical team to meet these accommodations.
Further, ESG funds were used to partner with Family Promise, Center for Human Services and Community Housing and Shelter Services to assist households at risk of homelessness or those who are homeless. Services provided were related to shelter and homeless prevention and rapid rehousing.
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Modesto is a partner in the Stanislaus Community System of Care’s (CSOC) (the local Continuum of Care - CoC) effort to move all population types from homelessness towards permanent housing and independent living opportunities through a network of affordable housing options linked to wraparound supportive services. During this past year, the City continued to partner with the CSOC to continue local participation with the community wide coordinated entry system (CES) under which ongoing street outreach is being conducted to assess and determine the needs of unsheltered persons. The following programs were carried out within the community with relation to reaching out to homeless persons:
• Center for Human Services – Street Outreach
The City partnered with Center for Human Services by awarding ESG funds to assist with the street outreach program targeting homeless youth within the community. The program provided street outreach and navigation/case management services specifically targeted toward Modesto youth, ages 13-24 years of age who are homeless and unsheltered.
Program staff worked directly with the Community System of Care's Homeless Outreach & Engagement team through the Access Center. The program’s objective is to become familiar with youth hangouts and become a consistent presence among the youth with the end goal of engaging homeless youth and connecting them to services including access to shelter, housing, and/or support services. During this program year the program was able to contact 53 youth and engage 17 into support services. • Community Assessment, Response, and Engagement (CARE) Multidisciplinary (MDT) personnel strategy:
The Community Assessment, Response, and Engagement (CARE) Multidisciplinary (MDT) personnel strategy is a joint City of Modesto and Stanislaus County strategy.
The CARE Team mission is to facilitate the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within Stanislaus County subject to the provisions of the Welfare and Institutions Code (WIC) section 18999.8. This WIC Code Draft Page 28 of 63
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section was added effective January 1, 2018, to authorize California counties to establish multidisciplinary personnel teams to address homelessness within the County.
Every CARE Team member is tasked with conducting outreach and engagement. The strength of the CARE Team comes from the ability to leverage experience and expertise from multiple disciplines when assisting a CARE client. During the initial and on-going client contacts, rapport is developed, and client issues are identified and prioritized. When issues are general, CARE Team members will link the client to a resource; whereas when the need is more specific, the relevant team member provides specialized care. For example, when the CARE Team identifies a CARE client who has agreed to take a mental health assessment, the CARE Team clinician will respond to the location to provide brief counseling, and schedule and conduct the mental health assessment. The need for this type of service was identified during the CARE planning process, and by implementing this, the CARE program is utilizing an innovative approach to meet the needs of the CARE population.
In June 2020, Stanislaus County Board of Supervisors voted to expand this program calling it CARE 2.0. CARE 2.0 focuses on helping to restore non-severe mentally ill individuals who are not connected or engaged in services and who cause significant distress in the community and for themselves. Through County-wide law enforcement contact data, incarceration data, and emergency room utilization, this information helps further define CARE clients and the participation needs of the partner cities providing city resources. In 2021, the Board approved the implementation strategy and funding for this initiative. • Community Health and Assistance Team (CHAT)
Through a partnership with the City’s Community Development Division, the Modesto Police Department created the Community Health and Assistance Team (CHAT). CHAT engages with homeless individuals to build relationships, links them to mainstream services, and connects them with shelter and housing programs. CHAT works with sworn police officers to respond to non-violent calls allowing sworn officers to focus on higher risk calls.
As part of the strategic approach, the City implemented a data collection tool utilizing GIS technology using the ArcGIS Survey123 application. A planning work group of service providers, shelter providers, behavioral health and mental health providers, Sherriff and Probation departments, developed the survey. The application allows a fully customizable data collection tool which not only collects federally mandated data that assists the City to make strategic decisions to address homelessness.
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individual’s situation and record responses that can be analyzed with a few minutes. CHAT has made 5,776 contacts with unsheltered individuals and provided over 5,000 services throughout the City to date. The implementation of the ArcGIS Survey123 has increased the productivity and efficiency with a time savings of about 614 hours, and previously this engagement would have been done by sworn officers. The daily average of homeless-related calls for service is 34, each taking 25 minutes, saving approximately 850 in on average per day. The diversion of calls resulted in significant resource savings improved response times for calls that require the attention of a sworn officer.
CHAT Outreach Data
Services and Needs
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Image Dated July 6, 2023
https://www.modestogov.com/2785/Camp2Home-Street-Outreach-Dashboard Sheltered
Addressing the emergency shelter and transitional housing needs of homeless persons As the county seat of Stanislaus County, Modesto is where most services including shelter and transitional housing are located. Therefore, many people experiencing homeless who utilize available services congregate in Modesto. The City of Modesto uses CDBG public service and ESG funds to support emergency shelter providers and has utilized CDBG funds to acquire new properties for the purpose of affordable housing.
Emergency Shelter:
In Program Year 2022-2023, the City of Modesto continued its partnership with Salvation Army, Modesto Citadel. The program was awarded ESG-CV grant funds in the amount of $91,838 in PY21-22 which carried into PY22-23 to support the Salvation Army’s 9th Street Berberian emergency shelter. The Salvation Army has a Case Management Team designed to interrupt the cycle of homelessness and recidivism using case management and partnerships to move individuals from being homeless to permanent housing. This program utilizes the different resources of the Salvation Army Shelter and Transitional Living Center as well as partnerships with Community Impact Central Valley, Stanislaus County Affordable Housing Corporation, The Stanislaus County Sheriff’s Department, and many other collaborated resources to identify clients who show stability and desire to move from homelessness to permanent housing.
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Youth Shelter – Youth Navigation Center:
The City continued to work closely with the Center for Human Services’ Youth Navigation Center that began operation in 2021 and offers a continuum of youth services for homeless and runaway youth (13-24 years old). This location houses the following wrap-around services for youth:
• Street outreach and engagement services
• Homelessness prevention & diversion services
• Coordinated entry and assessment
• Crisis/Drop-in and Shelter for 13–17-year-old (8 beds) • Crisis/Drop-in and Low-Barrier Shelter for 18–24-year-old (24 beds) • Transitional housing for 18–24-year-old (15 beds)
• Access to housing services including permanent housing slots designed for youth with diverse circumstances
• On-site education and employment services
Youth Housing – Pathways Program:
The City continued its support of Center for Human Services Pathways program by awarding a CDBG grant in the amount of $40,000 to help with essential program services. Pathways is a 15-bed transitional housing program that addresses the need for shelter and support services for homeless youth 18 to 21 years of age for up to 24 months. Using a positive youth development and trauma informed approach, Pathways promotes the social and emotional wellbeing of the young people it serves. Program goals for youth served at Pathways are obtaining employment, locating stable housing, and having supportive relationships. Additional support services available to youth include basic life skills, job acquisition and maintenance skills training, assistance with obtaining medical care and advancing educational opportunities, service-learning opportunities, recreation, referral and after care services.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
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sufficiency of these subpopulations of persons experiencing homelessness. ESG subrecipients have also had to find strategic ways to assist clients find housing and keep their housing.
Through coordinated entry and consistent communication, the following are key highlights of the Community System of Care’s efforts in 2022-2023.
Coordinated Entry:
The Stanislaus Community System of Care (CSoC) continues to manage the Coordinated Entry System (CES) to coordinate the intake, assessment, and referral process within the Continuum of Care (CoC) and efficiently expand the system’s ability to deliver the appropriate resources to individuals and families who are experiencing homelessness.
This system is used to guide the evaluation of individuals’ and families’ eligibility for assistance, and to direct the determination and prioritization of how eligible individuals and families will be referred to services through a monitored assessment. The assessment then determines housing match & prioritization, documentation & housing navigation, and housing placement.
The CES ensures that homeless individuals and families are placed in the appropriate housing model for their individual needs and access level.
The CoC uses the Coordinated Entry System to prepare homeless individuals to be housed and to match individuals and families with housing opportunities. During the 2022-2023 program year 4,120 total unduplicated individuals were enrolled into the Community’s Coordinated Entry System. Many of the housing opportunities included services supported by local service providers, including budgeting, behavior health, and general counseling. In addition, these individuals and families received a housing choice voucher that can be used to obtain housing in other areas. Through intensive case management, these individuals and families will have the opportunity to remain and retain permanent affordable housing.
Coordinated Entry meetings are held weekly with all local housing providers and outreach staff where CoC homeless service providers can assist with housing placement.
Empire Migrant Center:
Supported by the Community System of Care and Stanislaus Homeless Alliance, the Stanislaus County Community Services Agency’s (CSA) in partnership with the Housing Authority, sheltered homeless families during the cold-weather months in vacant family units at the Empire Migrant Center. The Empire Migrant center consists of 90 dwelling units used for farmworker housing from April to October each year. This project allowed CSA to use 22 units and served 21 homeless families during the months of November through March. In 2022-2023 Draft Page 33 of 63
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89 case management services were provided to program participants. 20 families and 80 individuals were served. 73% of families served received permanent housing. This project is a multi-year partnership allowing the County’s Community Services agency to place homeless families each winter in housing and provide case management services with a goal to permanently house homeless households.
The Family Housing Facility:
In coordination with the countywide strategy to address the critical issue of homelessness especially as it affects families with school aged children, Stanislaus County entered into a five-year lease with a motel located at 1128 South 9th Street in Modesto. The property has 21 units and a three-room office space.
In November 2019, the Community Services Agency began operations of a year-round shelter for families using the successful model implemented at the Empire Cold Weather Family Shelter. The Family Housing Facility (FHF) operates 24 hours a day with onsite property management. CSA has contracted with the Stanislaus County Affordable Housing Corporation for property management that includes security.
The target population served at FHF are families who meet the following criteria: currently being case managed in CSA’s HSP unit, have used all available temporary shelter nights, are still engaged in permanent housing search and have been unsheltered the longest from date of referral to the HSP program. Due to the room capacity, consideration is made to match small sized families.
Community Services Agency (CSA) works in partnership with Community Housing and Shelter Services (CHSS) for placement at FHF. CHSS services include primary case management oversight which include, assisting participants with household budget, understanding their income, housing options, completing housing application), landlord outreach and housing search workshops, working with families to remove barriers to self-sufficiency, and connecting families to applicable and relevant community resources.
During the 2022-2023 program year 42 families were served, and 223 case management services and 7 employment services/employment connections were provided to program participants. This program has run at full capacity during this program year.
Camp2Home:
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priorities to develop and implement a comprehensive homelessness action plan that reduced encampments in public spaces, ensured the provision of supportive services, and identified strategies for permanent housing through the following program components:
Street Outreach: Through the Street Outreach component, the Community Health and Assistance Team (CHAT), formerly known as the HEART team, was expanded to engage and build relationships with unsheltered individuals and provide immediate support, intervention, and connections with mainstream social services, shelters, and housing programs. CHAT works closely with sworn police officers to respond to non-violent calls.
This alternative response allows sworn officers to focus more on higher priority calls.
During the program year 2022-2023, the CHAT Team served 1,094 unduplicated individuals and made 2,827 contacts with individuals experiencing unsheltered homelessness.
Emergency Shelter: Emergency shelter was prioritized within the Camp2Home initiative to create a pipeline for unsheltered individuals to connect to shelter services. The City provided funding to support and bolster operations of the community’s largest shelter, which also includes a low barrier shelter wing. The shelter was able to serve the maximum amount of individuals and still adhere to public health guidelines and maintain social distancing requirements. During the program year of 2022-2023 the shelter served 1,519 unduplicated individuals.
Job Training: Job Training is a key component of the Camp2Home program in helping individuals to secure permanent employment and permanent housing. The Downtown Streets Team (DST) program aims to end homelessness through workforce training, employment, and employer pipelines.
DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping team members activate skills and attributes that are necessary to move toward employment, housing, and overall a better quality of living. This is attained through things like maintaining a schedule, teamwork, accountability, self-confidence and more. Through a Structured Daily Activity (SDA) model, DST team members rebuild all of these as well as regain a sense of pride in, and stewardship of, their community and at the same time gain valuable experience they can list at the top of their resume to overcome long work experience gaps. During the program year 2022-2023, 142 unduplicated individuals participated in this program through all the funding sources including 31 individuals funded directly with ESG.
SCRG Creation:
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The City and County have continued to partner in a multijurisdictional agreement called the Stanislaus Community Response Guidelines for Individuals Experiencing Homelessness (SCRG).
Certain locations within the City are under the jurisdiction and control of the State or County, which complicates the procedure for enforcing encampments on the City’s side.
This agreement standardizes how to address encampments crossing City or County lines to significantly increase the probability of successful outcomes for all involved: those experiencing homelessness, responding staff, and the community. Modesto continues to seek additional sources to partner and participate in addressing individuals experiencing homelessness.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are:
• likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and • receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City of Modesto has been working in collaboration with the local Continuum of Care (now named CSOC) for over 19 years to improve services to the homeless and those at risk of becoming homeless. The following are key highlights of the work being conducted in our community to assist individuals and families avoid becoming homeless:
CARE Team
The City of Modesto Police Department’s CHAT team works closely with the CARE Team, Stanislaus County Sheriff’s Office, and Stanislaus County Probation Office to help avoid homelessness for those that have been released from incarceration.
Stanislaus Homeless Alliance
In May 2019, the regional governments, local CSOC, Focus on Prevention, as well as representatives from various shelters and homeless interests came together to form the Stanislaus Homeless Alliance (SHA). This body provides insight and recommendations on homeless issues and other regional homeless projects to the local CoC and federal funding organizations. This body of representatives created a global conversation to the homeless issues at a regional level that provides a barometer for what programs and ideas are working Draft Page 36 of 63
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and help improve on the overall response to homelessness in the Region. The City of Modesto’s Mayor appoints a voting member on this board.
Homeless Discharge Coordination:
The City of Modesto continues to be engaged in homeless discharge coordination from health care facilities through the Stanislaus County Hospital & Shelter Partners (SCHSP) meetings.
Since April 2019, the Hospital Council of Northern California has coordinated SCHSP monthly meetings with representatives from local hospitals, homeless shelters, public agencies, and stakeholder groups to plan for the discharge of homeless individuals from health care facilities to comply with SB 1152. The objective has been to create a community standard of care and greater connection and cooperation between discharging and receiving providers of services for the homeless.
Center for Human Services - Youth Navigation Center
The City partnered with Center for Human Services to coordinate the needs of homeless and emancipated youth. This partnership included the development of the Youth Navigation Center that serves to help local youth avoid homelessness through outreach, emergency shelter, housing, and other services.
Stanislaus County Behavioral Health and Recovery Services Agency The City consults and partners with Stanislaus County Behavioral Health and Recovery Services Agency (BHRS) when funding the development of permanent supportive housing projects that are to meet the needs of those with mental health issues to assist in maintaining stabilized housing for this population.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Modesto and Stanislaus Regional Housing Authority (Stan Regional) continue to partner on furthering decent, safe, and affordable housing within the City of Modesto. Stan Regional is the largest affordable housing property manager of multi-family and single household public housing units for lower income people in Stanislaus County. According to Stan Regionals’ 2022 PHA Plan, Stan Regional currently operates 7,084 affordable and subsidized housing units:
• 737 public housing units, (Includes 647 Stanislaus and 90 Riverbank Public Housing units)
• 1,060 project-based Section 8 units, and (The Housing Authority has 396 project-based units)
• 1135 other Affordable Housing units
• 5,212 housing choice vouchers
The City of Modesto worked in collaboration with the Stanislaus Regional Housing Authority (Stan Regional) by seeking ways to increase and support the maintenance level of permanent supportive housing for special populations and persons with disabilities. The City and Stan Regional have partnered on several housing projects to provide decent and safe affordable housing to low-income families.
In the upcoming program years, the City is planning to continue its partnership with the Housing Authority. Currently pending projects including the following:
• 400 Vine Street:
o King Kennedy Cottages - 23 units
o Helen White Court - 12 Units
• 1500 Robertson Road: Parque Rio – 92 units of family and senior housing • 1612 Sisk Road: The 1612 – 150 units of Workforce Housing Apartments.
The City of Modesto participates in the County wide CSOC (CoC) along with the local Housing Authority, the CHDOs, and other local agencies to identify housing needs within the county, including resident initiatives. The CoC Housing and Homeless Populations Committee is inventorying and identifying all affordable housing stock designated to serve this population in order to assess needs and gaps in advance of new State one-time funding designations for affordable housing.
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Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Stan Regional has a Resident Advisory Board which is comprised of Public Housing Authority (PHA) and Housing Voucher program participants. This Resident Advisory Board is engaged when there are proposed policy changes. The Resident Advisory Board is notified of substantial policy changes and is given the opportunity to support or reject subject policy changes.
Stan Regional provides homeownership resources to participants in the Housing Choice Voucher (HCV) Program. The Family Self-Sufficiency (FSS) Program has established partnerships with a variety of community resources to refer participants for services including pre- and post-secondary education, health care, childcare, employment development, supported employment, and small business development (including micro-loans). The FSS Program also encourages families to participate in financial wellness programs, including financial literacy and credit repair with an emphasis on long-term financial stability for the purposes of homeownership.
The Stan Regional is actively engaging FSS participants by promoting homeownership opportunities such as the two Edwards Estates units funded with HOME funds and built by Great Valley Housing Development Corporation, a non-profit arm of the Stan Regional Actions taken to provide assistance to troubled PHAs
Not Applicable. According to the 2021 PHA plan, Stanislaus Regional Housing Authority is a High Performer, not a troubled Public Housing Authority.
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In order to ameliorate the negative effects of public policies that serve as barriers to affordable housing, the City of Modesto has policies in its impact fee program for affordable housing. The current CFF Policies and Procedures provide, with respect to very low- and low-income housing exemptions, the total number of housing exemptions granted are not to exceed two percent (2%) of the cumulative total CFF program housing units. The CFF Policies and Procedures also allow a Community Housing and Development Organization (CHDO) to apply and request CFF Draft Page 39 of 63
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be waived on new affordable units for households earning sixty (60%) or less of the Area Median Income.
Since 1989, a total of 16,066 residential building permits have been issued, of which 812 were granted CFF exemptions.
Through the following measures, the City of Modesto attempts to ameliorate the effects of public policies that may act as barriers to affordable housing:
1. City of Modesto Housing Element: The City of Modesto is in its plan review period for its 2023-2031 Housing Element that includes goals, policies and implementation programs that support the provision of housing programs and opportunities for extremely low, very low, low, and moderate-income households.
2. Capital Facility Fee (CFF) Deferral/Waiver: The City of Modesto supports economic development through the growth of Modesto businesses. It also encourages the construction of very low- and low-income housing development projects within the City.
The City of Modesto provides CFF deferral, credit, and exemption programs granted to affordable housing projects in order to benefit economic growth and development by allowing the deferral, credit and/or waiver of impact fees. These deferrals or exemptions can be provided when developments are supplied to low and very-low income (in this case 50% or less of the Area Median Income) permanent housing units, combined with a minimum of 10 consecutive years of affordability. This can be considered if the overall exemptions do not exceed two percent (2%) of the cumulative total CFF program housing units.
3. Mobile Home Rental Ordinance: The City of Modesto enacted a Mobile Home Rent Stabilization (MHRS) ordinance in 2007. The MHRS ordinance imposes rent increase limits (100% of the annual Consumer Price Index (CPI), but no more than 6% of base rent annually) on mobile home park owners who do not enter into a city Memorandum of Understanding (MOU). Mobile home park owners who voluntarily enter into the MOU must offer a City-approved long-term lease to certain groups of residents and allow park owners to raise mobile home space rents 100% of the CPI, and as much as 15% of the existing rent when a mobile home is vacated. The goal of the MHRS ordinance and MOU is to limit park owners’ ability to raise rents to unaffordable levels, especially to those who are low-income.
4. Accessory Dwelling Unit Ordinance: In 2023, the City made additional amendments to its Municipal Code regarding accessory dwelling units and density bonus law. These amendments allowed the City to align with the State of California’s AB 2406 and SB 229.
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This provides additional specificity in how the City regulates Accessory Dwelling Units and Junior Accessory Dwelling Units, paving the way for more approvals and more widespread implementation of ADUs and JADUs as a way to increase housing availability.
5. SB2 Housing Plan: In 2019 the City of Modesto applied for and was awarded $625,000 in State of California SB2 Planning Grants Program (PGP). The PGP is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. These grant funds will be partially used for the development of a Housing Plan to establish a vision for the future of Modesto’s residential neighborhoods and development activity and to identify ways to realize that vision. Throughout 2021, Opticos Design Inc and City Planning conducted a series of education and stakeholder sessions to develop the Housing Plan. This Housing Plan will cover the following areas:
a. Locate and Analyze Opportunity Sites: Conduct an extensive feasibility analysis of opportunity sites feasible for housing development.
b. Review and Analyze Infrastructure and Services: For select opportunity sites, conduct assessments of current street, utilities, water, sanitation, gas, electric, telecommunications, transit, and stormwater to identify appropriate growth and potential expansion to facilitate housing.
c. Performance Standards and Density Considerations: Analyze the current regulatory structure and zoning standards to identify opportunities for improvement and streamlining the production and delivery of housing at all scales.
d. Pro-housing Policies: Assess the City’s existing housing policies as well as the State of California’s pro-housing policy goals, including new and foreseeable legislation, for applicability to Modesto and recommend policies and programs that can be included in the Housing Plan and Housing Element. e. Barriers to Affordable Housing: Analyze barriers to affordable housing in Modesto including governmental constraints, non-governmental constraints, and environmental constraints to implement the most effective and appropriate policies to reduce constraints and facilitate housing production. f. Facilitate Housing Development: Address barriers identified in the City’s entitlement procedures and recommend improvements in workflow and the application process. This component of the plan will develop easy to use, graphically attractive application packets.
The City continues to work through the findings in coordination with the development of the 2023-2031 Housing Element to address barriers to housing development.
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Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Each year, the Stanislaus Community System of Care (CSOC) (recognized as the local HUD Continuum of Care) brings approximately $3.9 million to Stanislaus County. The funds are used by non-profit organizations to provide permanent housing, transitional housing, and supportive services.
The City of Modesto has worked to eliminate barriers to the development of affordable housing through the following ongoing efforts:
• The City of Modesto’s CDBG Public Services and ESG allocations reflect the City of Modesto’s priorities in meeting underserved needs, such as emergency shelter and street outreach (individuals, survivors of domestic violence, families, and children), homelessness prevention and rapid re-housing, food security, neighborhood revitalization, foster youth, seniors, youth, and persons with disabilities. • Providing funding for land acquisition, secondary financing, or infrastructure costs; • Assisting qualified households to purchase homes utilizing the homebuyer assistance programs;
• Exemption or deferral of Capital Facilities Fees for projects providing low-income housing;
• Using the adopted streamlining process for environmental review and the development of programmatic environmental review records where applicable to reduce program down time;
• Continuing to work with non-profit housing agencies in the provision of supportive services and programs;
• Using streamlined application review and permit processing; and • Reduction of parking standards for affordable housing projects.
The City, in partnership with the CSOC, continues to actively work on closing any gaps in the availability of services across all categories of underserved needs, including but not limited to seniors, persons with disabilities, individuals with chronic illness, persons with other conditions affecting their ability to function independently and productively, foster youth and homeless.
The community is currently working on improved data collection standards and more effective communication efforts between funding agencies to better position the community to begin reducing these needs and gaps, by mutually aligning and focusing efforts.
Stanislaus 2021 Regional Plan to Address Homelessness
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In late 2020, the CSOC and SHA, led by the SHA/CSOC Strategic Plan Workgroup, partnered with Homebase to begin work on a strategic planning process to collect information and feedback to help draft a community wide strategic plan to address homelessness. This strategic plan outlines community barriers in order to effectively address homelessness and gaps in resources, recommends goals, strategies, and action steps to address barriers and fill gaps, and make recommendations on how to make the homeless system of care more equitable and inclusive. The plan was adopted by the City and all cities within the County. In 2022, the City of Modesto is actively participating with the Homeless Plan Implementation team.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City of Modesto has adopted policies to be implemented in its housing programs, which comply with HUD requirements relating to lead-based paint hazards. In alignment with HUD’s requirements, lead-based paint remediation actions will depend on the level of subsidy provided on a project-by-project basis.
Most housing rehabilitation projects are subject to federal regulations for lead-based paint and contractors must be certified in safe work practices when completing the rehabilitation work.
This effort has resulted in more contractors being able to bid on and participate in the projects that contain lead-based paint. The following is a summary of lead-based paint activity in the City’s housing programs during PY 2022-2023:
• 3 homeowners received “Protect Your Family from Lead in Your Home, June 2017” lead-based paint informational packets as their homes were built prior to 1978; o 3 projects were exempt with no paint disturbance or negative testing prior to any construction activities.
o The cost for the stabilization of lead-based paint is included in the City of Modesto’s housing rehabilitation loan program and the cost of the lead-based paint inspection and/or clearance is paid from entitlement funds.
The City of Modesto will continue to provide lead-based paint testing as a component of its housing repair and rehabilitation programs when required by HUD regulations. Given the age and condition of the City of Modesto’s housing stock, there are a significant number of homes where lead-based paint testing is needed.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Modesto, through its engagement in the local Community System of Care, played a key role in the development of a Coordinated Entry system. Coordinated entry (also known as Draft Page 43 of 63
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coordinated assessment system) is a consistent, community wide process to match people experiencing homelessness or at-risk of homelessness to community resources that are the best fit for their situation. In a community using Coordinated Entry, homeless individuals and families complete a standard triage assessment survey that identifies the best type of services for that household. Participating programs accept referrals from the system, reducing the need for people to traverse the county seeking assistance at every provider separately. The process helps prioritize housing and homeless assistance based on vulnerability and severity of service needs to ensure that people who need assistance the most can receive it in a timely manner.
The process also provides information about service needs and gaps to help plan assistance and identify needed resources in our community. The community has worked hard to improve on this process and ensure that we are assisting poverty-level families, not only with prioritizing them for their housing needs, but assessing all other needs. Now that these needs are assessed, case managers continue reaching out to the members to connect to applicable services until housing becomes available.
In Program Year 2022-2023, the City continued its partnership with Opportunity Stanislaus, a local economic development agency, in support of the VOLT Institute program as well as providing additional funding to support scholarships to those affected by economic job loss during the pandemic.
The VOLT Institute is an industry led manufacturing training center that teaches advanced manufacturing skills to area workers and was officially launched on October 30, 2017, offering job training in maintenance mechanics. The training was designed to provide hands-on training on industrial systems and equipment. The curriculum guides students through the basics of print reading; fasteners; machine tools; proper installation, repair, and maintenance of pumps; mechanical drives; and pneumatic and hydraulic systems. Safe welding and torching techniques are covered as well as electrical theory and circuits as applicable to mechanical systems.
The City of Modesto partnered with the Downtown Streets Team (DST), a non-profit organization that creates a safe and engaging space to train homeless individuals. DST’s goal is to end homelessness by restoring dignity and rebuilding the lives of unhoused men and women by helping Team Members activate skills and attributes that are necessary to move toward employment, housing, and overall, a better quality of living. This is attained through things like maintaining a schedule, teamwork, accountability, self-confidence and more. Through a Structured Daily Activity (SDA) model, DST team members rebuild all these as well as regain a sense of pride in, and stewardship of, their community and at the same time gain valuable experience they can list at the top of their resume to overcome long work experience gaps.
The Section 3 Final Rule (24 CFR Part 75) became effective July 1, 2021, with the goal to create Draft Page 44 of 63
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more effective incentives for employers to retain and invest in their low- and very low-income workers, streamline reporting requirements by aligning them with typical business practices, provide for program-specific oversight, and clarify the obligations of entities that are covered by Section 3. Due to the new rule being created and implemented, the SPEARS reporting for this program year did not take place; however, the City of Modesto continued to collect the data. Included in the new rule is total labor hours calculations, which will be collected at each project completion.
On March 3, 2023, Opportunity Stanislaus amended their Agreement to modify the scope of work to include new services that would assist individuals with economic need and other barriers to gain important hard skills and soft skills training to help them land jobs on a path to a career. New services included two separate programs, the first program is the Certified Production Technician Plus and the second program is entitled Career Ready Program. The Certified Production Technician Plus program is a 9-week training cohort which consists of 81 hours of basic industrial training through several modules. The modules range from industrial safety to maintenance processes and production. The Career Ready Program offers three workshops with two separate three-hour sessions per workshops. Topics include Winning Mannerisms, Dealing with Interview Anxiety, How to set yourself apart, Core Behaviors Essential to Success, etc. These courses are focused on teaching individuals not only how to land the job, but how to retain the job.
Students will be enrolled from the Camp2Home initiative as well as other non-profit agencies to include Project Yes, Center for Human Services, Sierra Vista, West Modesto Collaborative, and Stanislaus Equity Partners. Participants who complete the programs will receive certificates from VOLT Institute and have the chance to interview at a career fair provided by Opportunity Stanislaus.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Modesto has a well-developed institutional structure and service delivery system.
The City is the lead agency responsible for preparation of the Consolidated Annual Performance Plan (CAPER) and for administration of each grant program and its associated funding source(s).
Primary oversight of the City of Modesto's HUD entitlement grant programs comes from the Citizens' Housing and Community Development Committee (CH&CDC). This 11-member committee is appointed by the City of Modesto Council and is comprised of representatives from the City of Modesto Council, Planning Commission, Housing Rehabilitation Loan Committee, Human Relations Commission, and several citizens-at-large. The CH&CDC provides overall review of the City of Modesto’s housing programs, policies and makes funding recommendations to the City of Modesto Council regarding HUD CDBG, ESG and HOME Grant Draft Page 45 of 63
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programs as well as other one-time HUD funded programs.
To avoid a perceived conflict of interest, any individual who is a member of a board of directors or is employed by an agency that applies for or receives CDBG, ESG, HOME, or other HUD funding, is ineligible to vote on funding decisions involving their respective agencies.
The CH&CDC meets once a month. These meetings are publicly noticed, open to the public and are held at Tenth Street Place, 1010 Tenth Street, Modesto, California. To lessen the impact and exposure to the public and committee members, these meetings were held electronically via Zoom. Public comments are encouraged and welcome. All HUD documents are vetted through the CH&CDC for review, approval, and forwarding to the City Council.
CEDD Housing Staff and Finance Department personnel continued to meet monthly to review processes and to monitor Federal program expenditures. Staff verified and cross-referenced the information on the monthly budget activity reports with supporting documentation maintained by the Division. For easy identification on both the City of Modesto’s financial reporting system and the Federal Integrated Disbursement and Information System (IDIS), Staff assigned an IDIS Activity number to all financial transactions.
Staff worked closely with Finance, Public Works Departments and Parks Planning and Development Division to ensure:
• Capital Improvement Projects (CIPs) and Multi-Year Projects were on schedule and consistent with Federal program requirements (both statutory and regulatory), and • Program Year 2022-2023 accomplishments were reported to several community groups as well as the CSOC (local CoC).
The City continues to carefully monitor subrecipients’ expenditures, and to address this commitment, staff will continue to work closely with every subrecipient to develop expenditure plans, if needed, to address potential expenditure deadlines in the future.
City staff provide ongoing technical assistance and/or training opportunities including but not limited to HMIS compliance; as well as Capacity Building sessions for grant applicants who may lack the expertise to apply for grant funding opportunities effectively (as explained in further detail below).
Institutional structure developments during Program Year 2022-2023 include the continuance of the Stanislaus Homeless Alliance (SHA).
The intent of the SHA, as a community wide leadership structure, is to develop one vision, one Draft Page 46 of 63
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program strategy, one funding strategy, and one annual report card to communicate performance outcomes to the community and serve as the framework for mutual accountability. To accomplish this, the SHA is intentionally designed to include elected officials, executive staff, and nongovernment community leaders to reinforce the core principle that effective solutions must include all sectors of the community working together with a common purpose and strategy. The SHA consists of the following organizations: Stanislaus County, City of Modesto, City of Turlock, City of Ceres, west County representative, east County representative, Focus on Prevention, Community System of Care, and Stanislaus Regional Housing Authority.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
Actions taken to enhance coordination between public and private housing and social services agencies included the following:
• Close consultation with the CSOC, which is made up of community representative stakeholders including but not limited to HUD entitlement jurisdictions, City and County service agencies, and non-profit service providers;
• Monthly meetings with its public and private housing development partners, which include local private CHDOs (e.g., Habitat for Humanity, Stanislaus County, Stanislaus Affordable Housing Corporation (STANCO), Great Valley Housing Development Corporation (GVHDC) and the Housing Authority (to enhance coordination in the areas of community housing and social services;
• Participation in Focus on Prevention initiative;
• Participation in the Stanislaus Homeless Alliance;
• CSOC membership efforts toward landlord engagement to secure additional housing units for the low-income population;
• Public and private partnerships built through the Camp2Home program continued into PY 2022-2023.
Identify actions taken to overcome the effects of any impediments identified in the jurisdiction’s analysis of impediments to fair housing choice. 91.520(a) The City of Modesto’s Analysis of Impediments (AI) identified the following potential fair housing concerns:
• Access to information about housing availability and choices among recent immigrants who are disproportionately lower-income;
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o Actions Taken: The Stanislaus Regional Housing Authority (Stan Regional) operates seasonal migrant housing units throughout multiple communities within the county. The Stan Regional works with local government agencies and family resource centers to promote migrant housing opportunities. Staff also periodically meet with migrant service providers to educate their staff about affordable housing resources and how be to access those resources (if not restricted to this population).
• Lack of access to adequate housing due to poor credit history, insufficient funds for moving expenses, and other factors among financially vulnerable groups, such as female-headed households with children and the homeless; o Actions Taken: The City of Modesto supported non-profit housing developers in their efforts to make housing more affordable to lower income households.
These efforts include the support of intensive case management services to clients on a one-to-one basis to better ensure long-term housing success. In addition, the City partners with local public service providers that offer credit counseling and case management services as an effort to position families in securing adequate housing. The City supports through the waivers landlord engagement activities that creates a build a stronger housing support system for individuals facing these barriers.
• Barriers faced by large, low-income and moderate-income families due to occupancy restrictions imposed by rental property owners;
o Actions Taken: The City of Modesto contracts with Project Sentinel, the local fair housing service provider within Stanislaus County, that educates families/individuals of their rights under the law. Community Housing and Shelter Services partnered with a local for-profit housing developer to provide leased units to assist families unable to find any other affordable housing options due to occupancy restrictions. The City supports this project through landlord engagement activities that promotes building a stronger housing support system for individuals facing these barriers. In addition, the Community System of Care continues to explore ways to provide landlord incentives in an effort to entice landlords to participate in subsidized housing programs. • The need to assist homeowners who have experienced foreclosure, who are disproportionately minority households, to find alternative living arrangements; Actions Taken: This is no longer a major impediment since foreclosure rates have significantly decreased since the recovery of the housing market. The City continues to observe housing market conditions.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
As the lead agency for City of Modesto HUD entitlement funds, staff monitors all subrecipients on a regular basis through written contacts, phone conversations, electronic information transfers, face-to-face monitoring visits and project file review, pursuant to applicable regulations. Monitoring is conducted to ensure statutory and regulatory requirements are met and that information submitted to City of Modesto is accurate and complete.
The City uses several project checklists to serve as project monitoring tools during project funding consideration, implementation, and completion. In 2022, the City create an universal intake application and checklist managed through the Neighborly portal for all active programs.
The information collected through this application process is used to gauge and determine organizational capacity and project feasibility.
If awarded through the underwriting review process, a “project implementation” checklist is used to monitor the project from inception to completion and to ensure all project implementation documentation is collected for the project file including but not limited to procurement documentation, Section 3 New Rule and MBE/WBE compliance, Davis Bacon Act labor standards compliance, progress inspections, and collection of quarterly project status reports.
Minority Business Outreach Related to Monitoring: The City conducts due diligence in reaching out to minority owned businesses, also known as minority business enterprises (MBE), and encourages participation in HUD funded projects by such businesses. All HUD project proposal requests include information relating to compliance with Minority Business Enterprise and Woman Business Enterprise (MBE/WBE) reporting. MBE/WBE documentation is included in all Homeowner Rehabilitation Program bid solicitation packets and MBE solicitation is required of all City subrecipients. Monitoring is normally conducted utilizing a three (3) tiered approach. Depending upon the risk involved the following approaches are undertaken to monitor HUD funded projects:
Limited Review: A limited review is conducted of all contracts and projects on an annual basis.
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City grant over the previous 90 days.
On-Site Monitoring Review: An on-site monitoring review will be a site visit to a contract program assisted with HUD funds and will achieve a balance between programmatic and fiscal reviews, and much documentation review can be done prior to the on-site visit. The on-site monitoring includes a visit of the program facilities as appropriate, an explanation of the services provided, discussions with program and administrative staff, and introduction to one or more actual beneficiaries, if possible. As a result of this visit, staff will determine whether an in-depth review is needed for further clarification of one or more issues identified during the on-site visit.
In-Depth Review: An in-depth review will be a concentrated and focused review around a particular activity or program area. This will typically be a concentrated review of a known high-risk area or critical function, such as but not limited to: a financial review for expenditures for eligible activities; financial review for expenditures that cannot be traced through sampling randomly selected files that includes supporting documentation; a program that requires donations as a condition of receiving service; management practices in affordable housing; section 504 and ADA compliance reviews upon receipt of a complaint; a fair housing complaint; denial of services for no valid reason; or failure to meet prevailing wage requirements in construction activities subject to Davis Bacon or other federal requirements.
In response to the COVID-19 pandemic, the City made slight adjustments to its monitoring process in order to eliminate or minimize in person contact for the safety of the public. These adjustments were conducted as follows:
Limited Review: All subrecipients were required to submit an electronic self-checklist review of 10% of their client files served during this program year.
On-Site Monitoring Review: For high risk subrecipients identified by award amounts or new to executing the identified program design, was required to send secured electronic files for City staff to review. City staff still conducted on-site reviews for subrecipients with no experience with federal funds.
In-Depth Review: No In-depth reviews were conducted this program year. Projects that would fall in this category were required to attend weekly project meetings.
The City’s overall monitoring efforts include tools that assist in the oversight of the City’s progress toward meeting its comprehensive planning requirements. The City assesses its progress toward Consolidated Plan goals on an annual basis and plans the following year’s Draft Page 50 of 63
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objectives according to the progress made toward meeting its goals.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Reasonable notice and opportunity to comment was provided to citizens in the following ways:
The City of Modesto followed its citizen participation plan by releasing the Draft CAPER for public review on August17, 2023, with a public review period to begin August 17, 2023 and end on September 26, 2023. A public hearing notice was published in both English and Spanish in The Modesto Bee on August 16, 2023, defining the CAPER review process and how persons, agencies, and interested groups may participate; as well as instructions on how to submit written comments. As part of the public review process, the Draft CAPER was distributed to the Stanislaus Community System of Care (also known as the Continuum of Care), the Stanislaus Homeless Alliance, and to those that subscribe to their listserv that includes over 400 individuals.
Also, the Draft CAPER was available on August 17, 2023 for public review and input, via the internet, on the City’s Community Development Division’s Publications and Reports website and copies of the Draft CAPER were made available for review at the Community Development Division’s office. A final public hearing to consider approval of the CAPER will be held September 26, 2023, before the Modesto City Council.
The City of Modesto’s CH&CDC will review and discuss the draft CAPER on August 17, 2023 and consider recommending that the CAPER be forwarded to the City of Modesto Council for review and approval. The public review period to review and comment on the draft document will be closed with a public hearing at the City of Modesto Council meeting on Tuesday, September 26, 2023.
The following table represents the meetings held for the 2022-2023 CAPER Citizen Participation:
Date/Time Meeting Name/Location Council
District
Public Comments
August 17, 2023 at 2:30p.m. Stanislaus Community
System of Care (CSOC)
Meeting (local CoC)
Citywide Attendees would
like to ensure
demographic
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information is
present in the
report.
September 11, 2023 at
3:30p.m.
Airport Neighborhood
Collaborative Meeting
District 4 Attendees would
like to see
additional County
and City
communication
regarding vacant
lots in the Airport
Neighborhood.
September 14, 2023 at
12:00p.m.
Citizen’s Housing &
Community Development
Committee
Citywide No Comments
September 20, 2023 at
10:30a.m.
Community Builders West
Modesto
- District
2 TBA
September 26, 2023 at 5:30
p.m.
City Council
Meeting/CAPER Public
Hearing
Citywide TBA
Spanish-speaking translators are available at all meetings. If a request for other language translators is made at least five (5) working days prior to a public meeting, translators will be provided. The Citizens Housing & Community Development Committee (CH&CDC) provides overall review of the City of Modesto's HUD funds. This Council-appointed committee provides policy and funding recommendations to the City of Modesto Council regarding the City of Modesto's use of HUD entitlement funds.
In PY 2022-2023, the City prioritized citizen participation meetings in disadvantaged communities to engage low-income residents.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
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There was one amendment to Program Year 2019-2020
Amendment #5
1. Emergency Shelter:
Funding: $569,546.59 From the CARES Act - ESG-CV Reallocation Description: Individuals experiencing homelessness are at greater risk of exposure to a variety of infectious diseases including COVID-19. Funding may be utilized for costs of providing essential services to homeless families and individuals in emergency shelters, renovating buildings to be used as emergency shelter for homeless families and individuals, and operating emergency shelters. Funds will be used to prevent, prepare for, and respond to the coronavirus pandemic (COVID-19).
ESG-CV Planning & Administration
Funding: $63,282.96 From the CARES Act - ESG-CV Allocation Description: This project will fund administrative expenses related to the planning and administration of ESG-CV projects and activities including but not limited to development of HUD plans, contract development, project monitoring, and enforcement of federal regulations.
The City constantly monitors projects to ensure they are meeting the timelines which were originally anticipated. If a project was to be delayed, the City would know this immediately, and complete an Annual Action Plan Amendment to adjust funds to another eligible project.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
Not Applicable. The City of Modesto does not have any open Brownfields Economic Development Initiatives.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not Applicable.
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of Draft Page 53 of 63
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issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
It is the intent of the City of Modesto that HOME-assisted rental units are inspected for rent, income, housing quality, and other affordability criteria in accordance with the schedule provided in 24 CFR Part 92.252 as follows:
• Properties must be maintained to meet applicable State and local laws and be free of all health and safety defects all defects will be clearly identified for correction. • Housing must meet lead-based paint requirement in 24 CRF part 35. • Procedures put into place to ensure owner addresses deficiencies in a timely manner. • Establish written inspection standards that include detailed inspection checklist, a description of how and by whom inspections will be carried out. • All HOME- assisted rental projects must be inspected at least once every three years during the affordability period.
During Program year 2022-2023, the city was not scheduled to conduct any of the required on-site Housing Quality Standard inspections (HQS) for the HOME assisted rental housing units Our new software system Neighborly Software went live fall 2020 and the asset module is assists in managing the monitoring schedule. The new software system captures desk monitoring, retain documentation and schedule on-site HQS inspections at the required date throughout the entirety of the affordability period.
HOME assisted rental housing units on-site HQS inspections due during the upcoming Program year will be scheduled and completed by their due date.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
The City’s HOME Program Policies and Procedures include an Affirmative Marketing Policy for use in its HOME funded projects. The policy reads:
• The City shall use a variety of public service announcements to inform persons of all genders, races, ages, ethnic groups, religious orientation, employment status, sources of income, marital status and sexual orientation of the availability of the housing opportunities made under the HOME Program.
To enforce this policy, the City:
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➢ Publishes information about programs it is implementing. Such information will include reference to the Affirmative Marketing Policy; Federal, State and local fair housing laws; and contain information on the program and housing units. ➢ Includes the requirements of an Affirmative Marketing Policy in its contractual agreements with subrecipients in the HOME Program.
➢ Use the Equal Housing Opportunity logo, slogan, or statement in all advertising.
Both the borrowers/developers and the City of Modesto share the responsibility to inform the public about federal fair housing laws and affirmative marketing efforts. The City of Modesto, through its monitoring of the HOME units, evaluates the effectiveness of the marketing efforts.
The beneficiaries are held to the terms of the policy by reference in the HOME Loan Agreement and Trust Deed executed to secure the HOME loan.
Modesto City Council appoints citizen representatives of the community to serve on a committee, whose primary responsibility is to advise and assist the City of Modesto Manager and staff in matters that relate to equal opportunity and persons with disabilities, and to make recommendations for furthering human relations and fair housing in the community, respectively. These representees are comprised of members of protected classes or committees and organizations that represent protected classes, such as women, racial and ethnic minorities, persons with disabilities, etc. On January 25, 2022, the City of Modesto’s Diversity, Equity, and Inclusion Program - Strength in Difference was approved by Council. This includes several supporting plans and policies within the program: the 5-year Equal Employment Opportunity Plan; the Language Access Plan; the Americans with Disabilities (ADA) Plan; the City Policy Against Harassment and Discrimination; the Code of Ethics; and Complaint Procedure. To reference this plan https://www.modestogov.com/2819/Diversity-Equity-and-Inclusion-Program#:~:text=Guiding%20Principles,of%20opportunity%20free%20from%20discrimination.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics In PY 2022-2023, a total of $119,376.35 in HOME program income was received. The program income received will assist with the future HOME projects. The City committed HOME funds during PY 2022-2023 to a 34-unit project for Veteran and Senior units. The City conducted a Request for Proposals in PY 2022-2023 to identify and secure additional HOME and HOME American Rescue Plan projects. Projects identified but not committed include a 79-unit development of one-, two-, and three-bedroom units, 54-unit Hotel/Motel conversion, and a 45-unit development of one- and two-bedroom units. The City will report beneficiary data upon project completion and commitment in IDIS.
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Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
Per 24 CFR 91.220(k) the goal in the coming year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies will be to reach out to our Entitlement Community Partners like Stanislaus County, the City of Turlock, and the Stan Regional so that we can work together to combine efforts in the development of an aligned Analysis of Impediments to Fair Housing.
The City partnered with EAH Housing, a non-profit housing development corporation, in the construction of 74-units for Archway Commons. This project utilized a variety of layered funding including LIHTC for its development. This project broke ground in early PY 2021-2022 and is estimated to be completed in PY 2022-2023.
Through the City’s homeowner rehabilitation program, we were able to address health and safety concerns of 10 housing units in the City of Modesto. We continue to partner with our Code Enforcement Team. All code enforcement violations are given further information regarding our Homeowner Rehabilitation Program, so the City can assist with addressing these code concerns and maintaining the affordable housing stock.
The City continues to review its loan profile affordability periods. For those projects which are approaching their affordability period, we intend to reach out to our community partners to see if we can extend the affordability on those units to ensure that we foster and maintain the affordable housing stock. The City works closely with public and private partners to renew or extend periods off affordability for housing complexes for which their affordability periods are nearing expiration.
CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete
Basic Grant Information
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Recipient Name MODESTO
Organizational DUNS Number 060125051
UEI: C9NNEMEHETD8
EIN/TIN Number 946000374
Identify the Field Office SAN FRANCISCO
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG
assistance
Turlock/Modesto/Stanislaus County CoC
ESG Contact Name
Prefix Ms.
First Name Jessica
Middle Name
Last Name Hill
Suffix
Title Director of Community & Economic Development
ESG Contact Address
Street Address 1 1010 10th Street Suite 3100
Street Address 2
City Modesto
State CA
ZIP Code 95353-
Phone Number 209-577-5211
Extension
Fax Number
Email Address [email protected]
ESG Secondary Contact
Prefix Mr
First Name Edgar
Last Name Garcia
Suffix
Title Housing and Urban Development Supervisor
Phone Number 209-577-5211
Extension
Email Address [email protected]
2. Reporting Period—All Recipients Complete
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Program Year Start Date 07/01/2022
Program Year End Date 06/30/2023
3a. Subrecipient Form – Complete one form for each subrecipient Narrative:
Subrecipient award amounts reflected in the Subrecipient Form above are inclusive of both CARES Act and Entitlement awards for PY 2022.
CR-65 - Persons Assisted
Per HUD instructions, CR-65 data (tables 16 to 23) are to be reported via the Sage report. The Sage report is included as part of this document as 2022-2023 SAGE Reports.
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2022-2023 SAGE Reports
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2021-2022 PR-26 Financial Summary
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2021-2022 PR-58 Section 3
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Citizen Participation
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Resolution 2023
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 26, 2023
Date: August 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Earth Day in the Park Event Fee Schedule
CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:
Hearing to consider approving the Earth Day in the Park Event Fee Schedule. (Funding Source:
Solid Waste Fund)
STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the Council’s Strategic Plan (2020-2025) Area - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:
The City of Modesto launched Earth Day in the Park in 1993 as an annual event to bring together community organizations and citizens interested in sustainability, environmentalism, and celebrating Earth Day. For 30 years, the City has hosted this event at Graceada Park, providing community benefit and engagement. Between 50 and 75 booths are set up at the park, providing information on public resources, organizations that support environmental stewardship, and private vendors selling or providing information on environmentally friendly products. The event is aimed at families, including activities for children, games, music, food vendors, and other entertainment. Notably, the City uses this event as a resource fair to spread information on various departments, programs, and opportunities from City and County organizations. Between 4,000 and 5,000 people attend Earth Day in the Park annually.
The City of Modesto Earth Day in the Park is free to attend; the City charges vendors for booth locations and the ability to sell or distribute information at the event to recover costs associated with hosting the event. A fee schedule was not previously established and taken to City Council for this event, though the City has charged vendors for booths since 1993. Cost recovery is intended to compensate the City for the expense of hosting the event, while keeping it free to #17..
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City Council, September 26, 2023
Earth Day in the Park Event Fee Schedule
attend and reducing the use of public fees to fund special events. City staff also solicits donations from community partners to fund the event.
The fee schedule for prior events is as follows:
Booth: 10ft x 10ft
Received before
March 3rd
Received on or
after March 3rd
Commercial Business – Information Only $90 $115
Commercial Business – Non-Food Sales $115 $140
Commercial Business – Food Sales $175 $215
Government/Non-Profit Agency – Information Only FREE $40 Government/Non-Profit Agency – Non-Food Sales $30 $60
Government/Non-Profit Agency – Food Sales $135 $165
DISCUSSION:
The proposed fee schedule is based on the cost of providing this community event, including but not limited to the following components:
Facility and equipment rental
Staff time for planning and implementing the event
Advertising and outreach
Insurance, permitting, and public safety costs
Indirect costs, including overhead and administrative cost City staff determined that the 2023 event cost approximately $55,000 with $14,000 recovered through booth fees and sponsorships. The remaining cost was absorbed by the City’s Solid Waste Division’s budget. This is a roughly 25% cost recovery. City staff recommends increasing the fee schedule to recover an estimated 33% of the total cost of the event, proposed below:
Booth: 10ft x 10ft
Received before
March 15th
Received on or
after March 15th
Commercial Business – Information Only $105 $130
Commercial Business – Non-Food Sales $145 $180
Commercial Business – Food Sales $250 $310
Government/Non-Profit Agency – Information Only $40 $50 Government/Non-Profit Agency – Non-Food Sales $75 $95
Government/Non-Profit Agency – Food Sales $190 $240
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City Council, September 26, 2023
Earth Day in the Park Event Fee Schedule
Fees are rounded to the nearest $5 increment and the rate for applications received after March 15th includes an additional 25% late fee.
FISCAL IMPACT:
Under California law, cost recovery rates cannot exceed 100% of the cost of service. The proposed fee schedule allows the City to continue to recover costs in a manner consistent with the City’s policy of fiscal responsibility. The cost of the event not recovered through fees and sponsorships is funded by the City’s Solid Waste Division, which is in turn funded by solid waste rates collected from residential, commercial, and industrial customers and by grants. Although Earth Day in the Park aligns with division goals and is an opportunity to share information on waste management, City staff recommends seeking a higher percentage of cost recovery to reduce event costs passed on to ratepayers.
Staff also proposes giving the Public Works Director the authority to adjust the fee schedule as needed to account for Consumer Price Increases (CPI), changes to the event, or other changing conditions.
COMMITTEE RECOMMENDATON:
This item was brought before the Finance Committee on August 21, 2023 and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Earth Day in the Park Event Fee Schedule, and authorizing the Public Works Director, or his designee, to adjust fees.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE EARTH DAY IN THE PARK EVENT FEE
SCHEDULE, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR, OR HIS
DESIGNEE, TO ADJUST FEES
WHEREAS, the City of Modesto hosts an Earth Day in the Park event to bring together community organizations and citizens interested in sustainability, environmentalism, and celebrating Earth Day; and
WHEREAS, Earth Day in the Park is free to attend; and
WHEREAS, the City seeks cost recovery through booth fees and sponsorships to reduce the cost of the event being passed to solid waste ratepayers; and WHEREAS, City staff calculated the costs of Earth Day in the Park 2023 and based fee recommendations on an approximately 33% cost recovery rate, referenced in Table 1.
TABLE 1:
Booth: 10ft x 10ft
Received
before March
15th
Received on
or after March
15th
Commercial Business – Information Only $105 $130
Commercial Business – Non-Food Sales $145 $180
Commercial Business – Food Sales $250 $310
Government/Non-Profit Agency – Information Only $40 $50 Government/Non-Profit Agency – Non-Food Sales $75 $95
Government/Non-Profit Agency – Food Sales $190 $240
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Earth Day in the Park event fee schedule, and authorizing the Public Works Director, or his designee, to adjust fees. #17..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 26th day of September 2023, by Councilmember? who moved its adoption, which motion being duly seconded by Councilmember? was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: __________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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9/26/2023 4:15:00 PM
OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
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, SEPTEMBER 26, 2023 AT 4:15 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
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: Chipponeri v. City of Modesto
Case No. 2028661
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Gerald Bunch v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14606157, ADJ14647656 & ADJ15874633
Thomas Gales v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ8887460
BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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