DISCUSSION:
The Remedial Investigation/Feasibility Study prepared by Trihydro, formerly Jacobson James & Associates, evaluates approaches to mitigate the impacts of nitrate, arsenic, and uranium in the Modesto Wellfield by preventing the spread of contamination and cleaning the aquifers where feasible, improving water quality over time.
The study focused initially on four City owned properties to be utilized as sites for aquifer recharge.
Through the course of the study, one property was deemed not to be feasible long term and the consultant’s scope of work was expanded to include a fifth City owned property and the Initial Study and Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA) necessary to transition the Project into the next phase.
In September of 2021, Engineering Staff submitted an application to the State Water Resources Control Board for funding through the Proposition 1 Groundwater Grant Program to cover expenses associated with the design, environmental compliance and construction phase of the Project. On March 6, 2023, Staff received a Notification of Award stating that the Project had been reviewed by the State Water Resources Control Board’s Division of Financial Assistance and the Central Valley Regional Water Quality Control Board and the experts concurred that the Project, as proposed, should achieve the stated objectives and is eligible for funding per the Groundwater Grant Program Guidelines.
Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures.
However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services”. Here, a First Amendment to the Trihydro Agreement is necessary to ensure that the current phase of the Project is completed. Therefore, Staff is requesting the approval of a First Amendment to the Agreement with Trihydro in the amount of $26,172, for an Agreement total revised amount not to exceed $2,162,570.
FISCAL IMPACT:
Expenses associated the Trihydro Agreement are grant reimbursable and are housed in the following Project:
101112 – Prop 1 Nitrate/Arsenic/Uranium
Agreement $2,136,398
First Amendment $26,172
Total $2,162,570
COMMITTEE RECOMMENDATION:
This item has not been presented to a Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendation:
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City Council Meeting, May 7, 2024
First Amendment to Agreement Trihydro Corporation
Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project
Resolution approving a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramie, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172, for an Agreement total revised amount not to exceed $2,162,570 and authorizing the City Manager, or his designee, to execute the Amendment.
Resolution amending the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $26,172 to be transferred into the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project from Water Fund Reserves and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. Trihydro - First Amendment
3. Trihydro - Original Agreement
4. Trihydro - Acquisition Letter (Jacobson James & Associates) #14..
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1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT
SERVICES AGREEMENT WITH TRIHYDRO CORPORATION, OF LARAMIE,
WY FOR THE NITRATE/ARSENIC/URANIUM REMEDIAL
INVESTIGATION/FEASIBILITY STUDY IN THE AMOUNT OF $26,172, FOR AN AGREEMENT TOTAL REVISED AMOUNT NOT TO EXCEED $2,162,570
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AMENDMENT
WHEREAS, on June 12, 2018, by Resolution No. 2018-232, Council approved an Agreement with Jacobson James & Associates, of Roseville, CA for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $2,136,398, and
WHEREAS, on June 1, 2021, Trihydro Corporation acquired Jacobson James & Associates, and
WHEREAS, the study focused initially on four City owned properties to be utilized as sites for aquifer recharge, and
WHEREAS, through the course of the study one property was deemed not to be feasible long term and the consultant’s scope of work was expanded to include a fifth City owned property and the Initial Study and Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA) necessary to transition the Project into the next phase, and
WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures, and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-
3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is #14..
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appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services”, and WHEREAS, a First Amendment to the Trihydro Agreement is necessary to ensure that the current phase of the Project is completed, and WHEREAS, staff is recommending a first amendment to the agreement with Trihydro Corporation, formerly Jacobson James & Associates, in the amount of $26,172, and
WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services”, and
WHEREAS, a First Amendment to the Trihydro Agreement is necessary to ensure that the current phase of the Project is completed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramin, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172, for an Agreement total revised amount not to exceed $2,162,570.
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BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the First Amendment to the Agreement in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _______
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 MULTI-YEAR
PROGRAM BUDGET IN THE AMOUNT OF $26,172 TO BE TRANSFERRED
INTO THE NITRATE/ARSENIC/URANIUM REMEDIAL
INVESTIGATION/FEASIBILITY STUDY PROJECT FROM WATER FUND
RESERVES AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO IMPLEMENT THE PROVISIONS OF THE RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $26,172, in order to fund the Modesto Wellfield Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project, and
WHEREAS, the Fiscal Year 2023-24 Multi-Year Program Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $26,172.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #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 7th day of May 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
MODESTO WELLFIELD NITRATE/ARSENIC/URANIUM
REMEDIAL INVESTIGATION/FEASIBILITY STUDY
This First Amendment to Agreement for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and TRIHYDRO CORPORATION, formerly JACOBSON JAMES & ASSOCIATES, a Wyoming corporation (“Consultant”), entered into by the parties on the 12th day of June, 2018, hereinafter referred to as “Original Agreement”.
This First Amendment to Agreement for Consultant Services is made with regard to the following recitals:
A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2018-232.
B. Paragraph no. 9 “AMENDMENTS” of the Original Agreement acknowledges the parties understand it may become desirable or necessary for City or Consultant to modify the scope of services provided for under the Agreement and any such modification must be in writing signed by both parties.
C. Paragraph no. 3 “COMPENSATION” of the Original Agreement for Consultant Services specifies the sum of TWO MILLION ONE HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED NINETY-EIGHT AND 00/100 DOLLARS ($2,136,398) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement.
D. On or about March 18, 2024 Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Original Agreement for the completion of work related to the preparation of the Modesto Wellfield #14..
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Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study, attached hereto as Exhibit “1” and incorporated herein by this reference. Exhibit “1” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
E. The estimated additional tasks result in increased costs as follows:
Task
CEQA Compliance Documentation $26,172
F. The aforementioned estimated additional tasks increase the amount of the Original Agreement by TWENTY-SIX THOUSAND ONE HUNDRED SEVENTY-TWO AND 00/100 DOLLARS ($26,172). The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Original Agreement and this First Amendment to Agreement without memorializing an additional written amendment to the original contract and must be signed by both parties.
G. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” of the Original Agreement.
H. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” of the Original Agreement.
I. The parties to the Original Agreement and to this First Amendment to Agreement further understand and agree the Original Agreement is modified solely by the modifications contained in this First Amendment to Agreement and in no other way whatsoever. #14..
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NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services and this First Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Paragraph 1 entitled “SCOPE OF SERVICES” of the Original Agreement shall be deleted and the parties agree to and hereby do substitute the following in its place:
SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the First Amendment to Agreement and referred to herein as Exhibit “1”. The Consultant shall perform the services as described in the aforementioned Exhibit “A” and Exhibit “1” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A” and Exhibit “1” acceptable to City.
3. Paragraph no. 3 entitled “COMPENSATION” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
COMPENSATION.
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Consultant agrees to perform the work on a time and materials basis not to exceed TWO MILLION ONE HUNDRED SIXTY-TWO
THOUSAND FIVE HUNDRED SEVENTY AND 00/100 DOLLARS
($2,162,570) (maximum compensation) for performing all services and furnishing all staffing and materials called for in Exhibits “A” and “B” to the Original Agreement and in Exhibit “1” to this First Amendment to Agreement as well as for performance by Consultant of all duties and obligations under the Original Agreement and the First Amendment to Agreement.
The compensation shall be paid pursuant to and in the manner and at the time set forth below:
Professional services received by the City under the Original Agreement and this First Amendment to Agreement shall be paid for on a “time and materials” basis with a “not to exceed” amount, as called for in Exhibits “A” and “B” of the Original Agreement and Exhibit “1” of the First Amendment to Agreement. Consultant shall prepare and City agrees to pay Consultant on time and materials for monthly billings, which include detailed tasks, hours worked, and billable rates for work completed. The local agency shall reimburse the CONSULTANT for actual costs (additional reimbursable expenses including, labor costs, employee benefits, overhead, sub-consultant travel expenses and other direct costs) incurred by the CONSULTANT in performance of the work called for in Exhibits “A” and “B” of the Original Agreement and Exhibit “1” of this First Amendment to Agreement on the monthly billings, #14..
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which include detailed receipts for actual costs paid by CONSULTANT in the interest of the project.
4. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this First Amendment.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024 - ________, adopted by the Council of the City of Modesto on the _________ day of _______________, 2024, and TRIHYDRO CORPORATION, formerly JACOBSON JAMES & ASSOCIATES has caused this First Amendment to Agreement to be duly executed in duplicate. #14..
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March 18, 2024
Mr. Jim Alves, P.E.
Senior Civil Engineer
Water Resources Engineering, Utilities Department
1010 10th Street
Modesto, CA 95354
Email: [email protected]
RE: Phase 1 CEQA Services Change Order Request (CO-1 Amendment to PO 207348) Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project, City of Modesto, California
Mr. Alves:
Trihydro Corporation, (Trihydro) has prepared this change order request (CO-1) for $26,172.00 for the completion of California Environmental Quality Act (CEQA) Compliance Services for the City of (the City) Municipal Groundwater Supply Contamination Prevention and Cleanup Project (Project). The City received notice of award to implement the Project from the State Water Resources Control Board (the State) Proposition 1 Groundwater Grant Program (Grant Program costs eligible to receive 100% State reimbursement, up to $9,434,145. A copy of the award letter is provided in Attachment A.
A condition of the Proposition 1 Notice of Award letter to execute the State Grant Program Agreement is Study Mitigation Negative Declaration (ISMND) document and subsequent filing of Notice of Determination to the California State Clearinghouse on November 3, 2023.
This change order request is for additional costs to achieve CEQA compliance. Specifically, there were changes in the Project design that needed to be resolved before preparation of the ISMND document. The Project design changes, in part, consisted of replacing the Sutton Park Managed Aquifer Recharge (MAR) basin with the La Coste Lane MAR basins (Parcel 1 North and Parcel 2 South) and reducing the size of the Ustach Park MAR basin. The MAR basin location and design changes required additional planning, engineering, and modeling review and analysis which were presented in a technical memorandum provide to the City and State and subsequently reviewed in a virtual meeting on June 13, 2023. The State verbally accepted the conclusions that the proposed MAR basin changes provide an improved Project design. A copy of the technical memorandum is provided in Attachment B.
It is respectfully requested that Tri (No. 207348) be increased by $26,172.00 to cover the additional costs associated with project design changes. It is anticipated that the added costs will be fully reimbursable by the State.
EXHIBIT 1
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Mr. Jim Alves, City of Modesto
March 18, 2024
The estimated period of service for CO-1 is through March 31, 2024. For reference, a current business license certification is provided in Appendix C.
Trihydro appreciates the opportunity to be of service to the City. Please feel free to contact me with any questions or comments.
Sincerely,
Trihydro Corporation
Phil Burkhalter, PE, PhD
Project Manager
82J-001-001
Attachment A Notification of Award
Attachment B Technical Memorandum Prop. 1 Project Implementation Design Update Attachment C Business License Certificate
EXHIBIT 1
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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memorandum
To: Ms. Diana Conkle, California Water Boards
From: Mr. Dave Dirkin and Mr. Phil Burkhalter, Trihydro Corporation cc: Mr. Jim Alves, City of Modesto
Date: May 19, 2023
Re: City of Modesto – Prop.1 Project Implementation Design Update and EnFlection Software Justification
Trihydro Corporation (Trihydro) has prepared this memorandum on behalf of the City of Modesto (City) for the City Municipal Groundwater Supply Contamination Prevention and Cleanup (Project). The City received a “Notice of Award” letter, dated March 6, 2023, for the Project from the State Water Resources Control Board (Water Board) under the Proposition 1 Groundwater Grant Program (GWGP). This memorandum provides additional information with respect to improvements made to the Project design, specifically for a Managed Aquifer Recharge (MAR) basin location change, and justification of software licensing for the EnFlection decision support software, which was requested in the Notice of Award letter.
Additional updates are provided regarding the CEQA compliance status and potential use of Modesto Irrigation District’s (MID) Cavil Drain as a water supply conveyance.
MAR Basin Change
Background
The Project is the recommended alternative from a Remedial Investigation and Feasibility Study (RIFS) completed in August 2021 for the City’s contiguous water service area, including the City of Modesto and portions of Salida to the north and Ceres to the south. The Project objective is to improve groundwater sustainability and resiliency by addressing non-point source groundwater contamination from arsenic, nitrate, and uranium in the City and consists primarily of: (1) modification of water supply well field pumping operations, i.e., wellfield optimization, to reduce contaminant levels in raw pumped groundwater; and (2) construction of MAR basins to increase the volume, i.e., recharge, of uncontaminated water within the aquifer system for future extracted beneficial use. The primary Project components are shown in Figure 1.
The original Project design as presented in the Proposition 1 GWGP Implementation Concept Proposal submitted to the Water Board in June 2022 was to construct four MAR basins at the following locations:
1. Merle Avenue [5.5 acres (ac)]
2. City Well 65 (0.75 ac)
3. Ustach (3 ac, stormwater detention basin conversion plus a 1.7 ac expansion into Ustach Park)
4. Sutton Park (15 ac)
The MAR basins were initially proposed to be constructed by: (1) conversion of existing stormwater detention basins into MAR basins at Merle Avenue, City Well 65, and Ustach (with expansion northward into Ustach Park) and (2) construction of a new site at Sutton Park. The MAR basins are intended to
ATTACHMENT B
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Ms. Diana Conkle
May 19, 2023
operate for 20 years (2025 through 2045) with Project implementation and operations overseen by the City Utility Department.
Intra-City Meeting
On December 15, 2023, City officials from the Utility Department and Parks, Recreation, and Neighborhoods Department met to discuss MAR basin development at Ustach and Sutton Parks. The concerns listed below were identified. For reference, the initial conceptual MAR basin designs for Ustach and Sutton Park are provided in Attachment A.
For Ustach Park, the planned northward expansion of the existing Ustach stormwater detention basin into the Ustach Park area (approximating 1.7 acres) was not deemed suitable given the surrounding community uses of the grassy area for recreational activities. Consequently, it is anticipated that concerns and objections would be raised by local residents with the development of this land during the CEQA review and public comment period.
For Sutton Park, a regional multi-purpose park is planned, likely within the next 20 years, which would conflict with the planned MAR basin operational period. Consequently, the site is no longer considered a viable location. A design alternative to construct the MAR basin underground to allow for future surface development as a regional park was considered, but it was determined to be cost prohibitive. In addition, there are concerns regarding uncertainty of underground MAR basin performance, as well as long-term maintenance issues.
During the meeting, alternative City-owned property was identified to replace the use of land at the Ustach Park and Sutton Park sites. The proposed new MAR location is at La Coste Lane (LCL) and consists of two vacant parcels (Parcel 1 North and Parcel 2 South). The LCL site is shown on Figure 1, and the proposed MAR design is shown on Figure 2.
The LCL site is 0.55 miles north of Sutton Park, approximately 500 feet south of Dry Creek, and borders an irrigation canal that will supply water from the Modesto Irrigation District (MID, Lateral 2). The land is vacant, consists predominately of soils favorable to water infiltration (i.e., sandy loam), and is approximately 19 acres in size [P1N (12 ac) and P2S (7 ac)]. The proposed MAR basin design (Figure 2) will offset the land that was to be used at Ustach and Sutton. Further, based on recent CEQA field surveys (April 2023) and pertinent literature reviews, there do not appear to be findings that would require further assessment or mitigation with the proposed LCL MAR basin design.
Groundwater Modeling
In preparation for Project implementation, Trihydro conducted additional groundwater modeling to confirm the effectiveness of modifying the location of the initially proposed MAR basin sites as reflected in the previous modeling conducted under the RIFS. The original modeling evaluated the feasibility of constructing and operating MAR basins at the initially identified locations to remediate natural and anthropogenic non-point source contamination in the City of Modesto’s water supply. Additional
ATTACHMENT B
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Ms. Diana Conkle
May 19, 2023
groundwater modeling was conducted to evaluate the LCL site as an alternative to the Ustach Park expansion area and Sutton Park MAR basins.
Preliminary Groundwater Modeling Investigation
The MAR basins proposed to be developed at Ustach Park (expansion area, 1.7 ac) and Sutton Park (15 ac) were designed and modeled to take up to > 2,500 acre-ft per year in total recharge over a footprint of approximately 16.7 acres. The proposed MAR basin at LCL has a total areal footprint of 17.1 acres. An equivalent volume per acre was introduced into the existing groundwater flow model at the LCL site to evaluate the effect on horizontal and vertical groundwater gradients. Important: The original model boundary conditions and parameters were not altered or adjusted for this updated model run. In addition, the simulation period to evaluate the LCL MAR basin performance was kept at 20 years – covering the same time period as the initial model runs. Therefore, the initial and updated model results can be directly compared to evaluate expected project performance.
Groundwater Model Results
The horizontal and vertical groundwater gradients did not show measurable changes between the initial and updated model runs. As such, the expected solute transport conditions and predictions are not affected. These results were also compared to previous RIFS modeling efforts (MERSTAN, 2021 model). The model results showed no adverse effects that would influence the proposed remedy alternative identified in the Proposition 1 GWGP Implementation Concept Proposal submitted to the Water Board in June 2022.
MAR Basin Change - Benefits
Trihydro maintains that the proposed LCL MAR basin is a viable replacement for the Ustach Park expansion area and Sutton Park MAR basins and will meet the project objectives. The benefits of the LCL site are as follows:
City-owned, vacant land that is near Sutton Park (0.55 miles north).
Groundwater modeling indicates that the LCL location provides the same benefit to recharge and sustainability as was modeled with the initially proposed Ustach Park expansion area and Sutton Park locations.
Favorable soil conditions (sandy loam based on published literature and initial site investigation).
Adjacent to MID water canal which reduces the conveyance distance and the amount of right-of-way road work to underground piping. This would result in Project cost savings and less time for construction.
Surplus land will be used as a spoils laydown area to balance excavated soils during Project construction.
Streamlines CEQA Process – there are no known environmental resource findings that will impact the planned design.
ATTACHMENT B
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Ms. Diana Conkle
May 19, 2023
Justification of Software Licensing for EnFlection
In alignment with Proposition 1 GWGP priorities, as described in section 2.1.2 of the GWGP Guidelines (p. 6, Amended Feb 2, 2021), implementation of a new and innovative software service called EnFlection is included in the Project scope. EnFlection is a customizable decision support tool and data management platform that will allow the City to efficiently monitor the status of the aquifer and operations of critical project components, e.g., MAR basin water levels and inflow rates, to ensure that project objectives are achieved.
EnFlection will be used by the City exclusively for this project for monitoring, record keeping, and reporting, and to provide a system for tracking project performance. In addition, the developed EnFlection decision support system will be used by the City to enable coordination with MID regarding water deliveries to the MAR basins. EnFlection leverages Trihydro’s environmental expertise to create an efficient workflow, providing tools including sample planning, data validation, comparison to standards, and customizable decision support/reporting tools. The requested Prop 1 grant funding covers only EnFlection customization and deployment costs. Licensing costs related to software maintenance that extend beyond the completion of the implementation project are not included in the requested funding but will be covered 100% by the City.
Real-time data from instruments/sensors will also be integrated into this same system of record. The use of EnFlection will allow the City to track, in real time, the volumes of water diverted to the proposed MAR basins and the basin status (i.e., water levels) to estimate actual recharge rate. Currently, the City does not have a system to perform these critical functions. Further, implementation of EnFlection will allow the City and team members to monitor, evaluate, and report both operational and environmental data within the same decision support/data management system.
The management of data, along with the analysis and reporting features, in EnFlection will be used by the City and project team to monitor and document project performance and track progress towards project goals in accordance with a Project Assessment and Evaluation Plan (PAEP). EnFlection will also allow automation of the data reporting process in alignment with a Monitoring and Reporting Plan (MRP), which will include uploading data to the State’s GeoTracker/GAMA system. EnFlection is backed by Trihydro’s 17 years of data management expertise and is supported by a team of 22 technology professionals. Our product team is dedicated to supporting five commercially available SaaS environmental data management software products. EnFlection will support the City of Modesto’s data management needs as long as they are required.
Additional Updates
On April 11, 2023, Trihydro hosted a virtual meeting with the Water Board, City, and Provost & Prichard to provide updates with respect to the California Environmental Quality Assurance (CEQA) compliance and proposed design changes. As discussed during the call, CEQA compliance with the issuance of a Notice of Determination under an Initial Study Mitigated Negative Declaration (ISMND) pathway is expected by the end of summer (third quarter 2023).
ATTACHMENT B
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Ms. Diana Conkle
May 19, 2023
202305__Modesto-Technical_MEM.docx
On April 20, 2023, the City met with MID officials to discuss the supply of water and the use of MID conveyances. The meeting was productive with MID expressing an interest in allowing the City to use the Cavil Drain for the supply of water to the Ustach MAR basin. The connection (i.e., tie in) to Cavil Drain provides an opportunity to reduce construction costs and schedule by significantly shortening the conveyance distance and eliminating most of the right-of-way roadwork to bury piping. An updated Ustach MAR design that shows the Cavil Drain is shown on Figure 3.
If there are questions regarding the information provided, please do not hesitate to contact me or Phil Burkhalter at (562) 453-3536.
Sincerely
Trihydro Corporation
Dave Dirkin, PG Phil Burkhalter, P.E.
Project Manager Senior Project Engineer & Manager
82J-001-001
Attachments
ATTACHMENT B
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ATTACHMENT B
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[ [ [ [
[ [ [ [ [ [ [ [ [ [ [
[ [
HTUOS2 LECRAP
DR ENI ZARF
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b"!º
CONNECT TO EXISTING
OUTFALL STRUCTURE
ACCESS
CLEAR AND GRUB
BASIN BOTTOM
DIVERSION PIPING TIE-IN
TO CAVIL DRAIN
STAGING
AREA
BEAUFORT DR
WINGED FOOT WAY
HILLGLEN AVE
ABINGDON
CT
KODIAK DR
KINGS PARK LN
SCARSDALE LN
ROLLING
BROOK WAY
TORREY PINES WAY
TABRIZ DR
NOB HILL CT
SPREAD
NON-ORGANICS
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 150 300
Feet
Legend
b"º! City of Modesto Well 52
Cavil Drain MID Conveyance
Diversion Pipeline DRAFT
Ustach MAR Basin Site - GW Contamination Mitigation
Prepared By Mark T
City of Modesto
5/12/2023 G:\Trihydro Corp-2876\287622001-Modesto Prop 1 GW Grant Appl\400 GIS\Map\Ustach_Preferred_Alt.mxd
ATTACHMENT B
Figure 3
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"
!
Ú[
CONSTRUCT RECHARGE BASIN WITH
WIRE FENCE, DRIVE AND WALK GATES
MODESTO ID LATERAL 2
CONSTRUCT CANAL TURNOUT
CONSTRUCT LIFT PUMP
STATION AND FLOW METER
CONSTRUCT 18" DIA PIPELINE
CONSTRUCT OUTFALL STRUCTURE
CITY WELL
GARST RD
GOODLAND
CT
VANCEBORO
CT
JULENE DR
JARENA DR
CREEKWOOD DR
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 250 500
Feet
Legend
" Turnout Structure
Ú[ Lift Sta
! Outfall Structure
Diversion Pipeline DRAFT
Sutton Park Site - GW Contamination Mitigation
Prepared By Mark T
City of Modesto
6/10/2022 I:\Marketing\Proposals\2022\City of Modesto - Groundwater Contamination Mitigation 22-316\400 GIS\Map\Sutton_Park_Site.mxd
ATTACHMENT B
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CONNECT TO EXISTING
OUTFALL STRUCTURE
CONSTRUCT 12" DIA PIPELINE
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WITH FENCING
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Ustach Park Site - GW Contamination Mitigation
Prepared By Mark T
City of Modesto
6/10/2022 I:\Marketing\Proposals\2022\City of Modesto - Groundwater Contamination Mitigation 22-316\400 GIS\Map\Ustach_Park_Site.mxd
ATTACHMENT B
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August 17, 2021
City of Modesto
Attn: Finance Department
RE: Acquisition Confirmation
To whom it may concern:
This letter is to confirm that Trihydro Corporation has acquired Jacobson James & Associates, Inc. effective as of June 1, 2021. Payment for any ongoing work should now be directed to Trihydro Corporation at 1252 Commerce Drive, Laramie, Wyoming 82070. We look forward to continuing to provide the City of Modesto with cost-effective, quality services.
Sincerely,
Trihydro Corporation Jacobson James & Associates, Inc.
Kurt V. Tuggle Jennifer Garner
President & CEO Principal
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 7, 2024
Date: February 6, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Salvation Army Homeless Programs
CONTACT: Edgar Garcia, Community Development Manager
[email protected], (209) 577-5211
DESCRIPTION:
Consider approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Day Center program with a term of May 1, 2024 to September 30, 2024 for an amount not to exceed $262,680; approving a First Amendment for an extension to the Safe Parking program to September 30, 2024 in an additional amount not to exceed $103,033 for a total revised amount of $264,755; approving an Agreement with the Salvation Army for operation of the Berberian Shelter from January 1, 2024 to May 31, 2024 in an amount not exceed $375,000 in ESG-CV funds; and approving a Modesto Forward Grant Agreement with the Salvation Army for operation of the Berberian Shelter from June 1, 2024 to September 30, 2024 in amount not to exceed $300,000. (Funding Source: Cares Act Emergency Solutions Grant and American Rescue Plan Act Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto’s 2020-2025 Strategic Plan Initiative: Develop a Homelessness and Housing Plan.
BACKGROUND:
On August 22, 2022, the City was identified as a recipient of reallocated Emergency Solutions Grant CARES Act (ESG-CV) funds. The reallocated funds were redistributed from other jurisdictions due to noncompliance with the September 30, 2021, expenditure deadline and the June 16, 2022 draw deadline. On September 20, 2022, the U.S. Department of Housing and Urban Development awarded the City of Modesto an additional amount of $632,829 of reallocated funds from the Emergency Solutions Grant CARES Act (ESG-CV) appropriation with an expenditure deadline of June 30, 2024.
On May 9, 2023, by Resolution 2023-227, the City approved the allocation of reallocated ESGCV funds and an agreement with the Salvation Army in an amount not to exceed $569,546 for the operation and management of a Day Center with the end term of the agreement of June 30, 2024.
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City Council, May 7, 2024
Salvation Army Homeless Programs
The Salvation Army has operated the Berberian Shelter at the corner of 9th and D streets in Modesto since 2002. The Salvation Army assists the City of Modesto’s most vulnerable population as a recipient of Emergency Solution Grant (ESG) funds, Community Development Grant (CDBG) funds as well as COVID funds from the City of Modesto’s Public Services for over five years.
The Salvation Army launched the Safe Parking and Day Center programs this year and since inception, both programs have been well-received by the community.
On July 12, 2022, the City Council adopted Resolution No. 2022-329, awarding $161,722 for the purposes of piloting a safe parking program. On July 14, 2023, the City executed an Agreement with the Salvation Army to carry out the Safe Parking pilot program commencing on September 1, 2023, with a term date of December 31, 2023, or the full expenditure of the funds. The Safe Parking program began operations September 1, 2023, serving individuals and families who are experiencing homelessness and are currently using their vehicle as their primary residence. The pilot program has been in operation seven (7) days/week, for at least 12 hours. Individualized professional case management and supportive services, including housing search and placement, and employment development for each client. The program has included on-site security, potable water, portable restrooms, and garbage service.
On May 9, 2023, by Resolution 2023-227, the City approved the allocation of reallocated ESGCV funds and an agreement with the Salvation Army in an amount not to exceed $569,546 for the operation and management of a Day Center with the end term of the agreement of June 30, 2024. The Day Center Program began operations November 1, 2023, and serves as a drop-in site for clients and non-clients to be able to support clients throughout the day (7 am to 7 pm).
The location includes the exterior area of the shelter with canopy tents, chairs, and tables near the current location of the Access Center at 10th and D Street (stone area near the water tower).
Other locations include the classroom located within the Salvation Army Administration building at 301 10th Street, using the 10th Street entrance as well as the Dining Room located within the Berberian Shelter at 320 9th Street. has served nearly 500 individuals and has maintained an average of 50 individuals per day. The program has assisted 5 individuals with obtaining housing, through case management and housing navigation support.
DISCUSSION:
The Salvation Army Berberian Shelter is a 185-bed facility and has served 848 unique homeless individuals with shelter services over the last year. The Salvation Army provides wrap-around services to clients to assist with housing navigation, vital documents, employment support, and will be required to provide regular reports on the outcomes for each of these responsibilities of the shelter.
In October 2023, The Salvation Army contacted the City regarding an operating deficit for the Berberian Shelter. At this time, the City began regular discussions with Salvation Army personnel regarding the budget and the costs of sustaining operations at the facility. The City requested an in-depth analysis of shelter financials and previous funding sources to gain an understanding of their funding plan and how the issue could be resolved. Throughout these discussions, the City performed an in-depth analysis of the costs associated with operating the shelter and provided various program options and partnerships that can help sustain their ongoing operations. #15..
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City Council, May 7, 2024
Salvation Army Homeless Programs
Staff was able to review the budget and find opportunities for reduction. Through this process, the annual proposed shelter budget reduced from $2.9M to $1.5M annually, a reduction of approximately $1.4 million. Additionally, the City supported the Salvation Army with the review of nearly 85 funding sources which has resulted in $5.7 million in pending funds that can potentially support the Salvation Army long-term. City staff and the Salvation Army are continuing to collaborate to determine the viability of these sources that include Cal-AIM, State, Federal, and additional private funding sources.
In order to support the operations, staff is recommending supporting the Salvation Army retroactively from January 2024 through September 2024 which is the remainder of their fiscal year. Staff recommendation is to assist with $75,000 per month for a total of $675,000 of ARPA and ESG-CV funds. This funding represents 60 percent of their reduced budget. The intention of the funding is to assist with gap funding as the Salvation Army continues to apply for additional funding to support ongoing operations.
The current Day Center contract expires on June 30, 2024. The Day Center is currently not expending at the initially anticipated monthly amount and the funding currently allocated is Federal funding (ESG-CV) that requires full expenditure by June 30, 2024. At this time, the Day Center has expended $118,069.61 of the contract amount of $569,546. To meet this expenditure deadline staff is recommending approval of agreements to shift the remaining ESG-CV funds and add ARPA funds to assist with Berberian Shelter operations. of the period of January 1, 2024, through May 31, 2024, will be funded with $375,000 in ESG-CV funds. The period of June 1, 2024, through September 30, 2024, will be funded with $300,000 of ARPA funds. This funding is at a rate of $75,000 per month for a combined total amount of $675,000 between the two sources of funding. To further support the operations of the shelter, staff is also recommending the approval of an allocation of American Rescue Plan Act funds in the amount of $262,680 to the Day Center program, which amounts to $52,536 per month to extend the contract through September 2024.
The Day Center program will continue to serve individuals experiencing homelessness throughout the day from 7 am to 7 pm, and will offer shower and laundry services, meals, service provider referrals, and daily curriculum for clients. The program will continue to focus on barrier removal, and direct assistance to individuals with breaking the cycle of homelessness with a focus on housing and employment.
The Day Center has served approximately 376 individuals and has maintained an average of 30 individuals per day. The program has assisted 5 individuals with obtaining housing, through case management and housing navigation support., and through the month of March served 279 unique individuals. Moving forward, City staff will be focused on promoting the program for individuals who are experiencing homelessness in areas of the community beyond downtown with assistance from the Community Health and Assistance Team.
The Safe Park program serves homeless individuals and families experiencing homelessness and using their vehicle as their primary residence with a capacity of 25 parking spaces. The program will continue in operation seven (7) days/week, for at least 12 hours each day.
Individualized professional case management and supportive services, including housing search and placement, and employment development will continue to be available to each client. The location will have on-site security, potable water, portable restrooms, and dumpsters.
The program will continue to require insurance, driver’s license, and registration in order to #15..
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City Council, May 7, 2024
Salvation Army Homeless Programs
participate in the program. The proposed amendment will extend the term of the program through September 30, 2024 and add $103,033 for a revised total amount of $264,755, which is an estimated amount of $20,607 per month. The Safe Parking program will require a Second Amendment to the Memorandum of Understanding between the County of Stanislaus, and Stanislaus Foods to extend the lease through September 30th, and will also require a First Amendment to the operating agreement with the Salvation Army extending the term and increasing the budget by $103,033.
The program has served a total of 69 individuals and has maintained an average of 12 vehicles on-site each night. The program has assisted 6 individuals with obtaining housing and supported all 69 with case management and barrier removal services.
FISCAL IMPACT:
The proposed agreements have no impact to the General Fund. The Berberian Shelter program will expend the required ESG-CV funds, and ARPA funds will support the continued operations of the shelter, Safe Parking, Day Center programs, as shown below:
The Salvation Army
Program Funding source Timeline Amount
Berberian ESG-CV January 2024 – May 2024 $375,000
Berberian ARPA June 2024 – Sept. 2024 $300,000
Day Center ARPA May 2024 – Sept. 2024 $262,680
Safe Parking ARPA May 2024 – Sept. 2024 $103,033
Total ARPA $665,713
Total ESG-CV $375,000
GRAND TOTAL $1,040,713
The funding proposed is recommended through the end of the Fiscal Year for The Salvation Army which is September 2024. The City will be monitoring each respective agreement to ensure timely expenditure of the proposed funding by the proposed deadline.
COMMITTEE RECOMENDATION:
Based on the urgency of this item, it was not presented to committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Day Center in the amount not to exceed $262,680 with a term of May 1, 2024, to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute the agreement for the continued operations of the program.
Resolution approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Berberian Shelter in the amount not to exceed $300,000, with a term of June 1, 2024, to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute an agreement for the operations of the program.
Resolution approving an Agreement with the Salvation Army for the operation of the Berberian Shelter in an amount not to exceed $375,000 in ESG-CV funds to support shelter operations with a term from January 1, 2024, through May 31, 2024, and authorizing the City Manager or his designee to negotiate and execute the agreements.
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City Council, May 7, 2024
Salvation Army Homeless Programs
Resolution approving a First Amendment to the Agreement with The Salvation Army for the operation of the Safe Parking program in the amount not to exceed $103,033 for a grand total amount of $264,755, extending the term to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute any required an Agreement for the operations of the program and to take the necessary steps to implement the provisions of this resolution.
Resolution amending the Fiscal Year 2023-2024 Multi-Year Fund Budget for project number 101460 for the Salvation Army’s Day Center, Berberian Shelter, and Safe Parking programs using Emergency Solutions Grant Cares Act (ESG-CV) reallocated funds and American Rescue Plan Act (ARPA) funds and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Reso – ARPA Day Center
2. Reso – ARPA Berberian Agreement
3. Reso – ESG-CV Berberian Agreement
4. Reso – ARPA Safe Parking Agreement (First Amendment)
5. Resolution – Budget Adjustment
6. Draft ARPA Agreement - Day Center
7. Draft ARPA Berberian Shelter Agreement
8. Draft ESG-CV Berberian Shelter Agreement
9. Draft ARPA Salvation Army Safe Parking Agreement
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05/07/2024/CED/EGarcia/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A MODESTO FORWARD GRANT AGREEMENT
WITH THE SALVATION ARMY FOR THE OPERATION OF THE DAY
CENTER IN THE AMOUNT NOT TO EXCEED $262,680 WITH A TERM OF MAY 1, 2024 TO SEPTEMBER 30, 2024 AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE THE
AGREEMENT FOR THE CONTINUED OPERATIONS OF THE PROGRAM
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, on June 6, 2023, by Resolution No. 2023-251, Council approved the Pandemic Recovery Strategy – Modesto Forward for the reallocation of ARPA funding to Homeless Servies (Day Center, Safe Park, and Bridge Housing); and WHERESAS, on May 9, 2023, through resolution 2023-227, The City of Modesto approved the allocation of reallocated ESG-CV funds and approved an agreement with the Salvation Army in an amount not to exceed $569,546 for the operation and management of a Day Center with the end term of the agreement of June 30, 2024; and
WHEREAS, as of November 1, 2023, the Salvation Army, has operated the Day Center which serves as a drop-in site for clients and non-clients to be able to support in Salvation Army activities throughout the day and supports individuals experiencing homelessness; and
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05/07/2024/CED/EGarcia/Item X 2 2024-XX
WHEREAS, on October 2023, the City was notified by The Salvation Army regarding their operating deficit and thus began discussion between the City and the Salvation Army which discussing the Berberian Shelter’s budget and the costs of sustaining their operation long-term; and
WHEREAS, since the start of the program, the Day Center has expended $118,039 through end of March 2024, which is lower than what was anticipated and contracted, leaving a larger portion of ESG-CV funding that must be expended by June 30, 2024; and
WHEREAS, the City performed an in-depth analysis of the costs associated with operating the day center and shelter and concluded to meet the ESG-CV expenditure deadline, City staff is recommending a First Amendment to the Agreement with the Day Center to shift the remaining ESG-CV funds to support the operations of the Salvation Army’s Berberian Shelter; and
WHEREAS, to extend operations of the Day Center, City staff is recommending an allocation of American Rescue Plan Act (ARPA), through an Agreement in the amount not to exceed $262,680, with a commencement date of May 1, 2024, through September 30,2024.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves Modesto Forward Grant Agreement with the Salvation Army for the operations of the Day Center in the amount not to exceed $262,680.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to negotiate and execute agreements in a form approved by the City Attorney. #15..
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05/07/2024/CED/EGarcia/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May, 2024 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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05/07/2024/CED/EGarcia/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A MODESTO FORWARD GRANT AGREEMENT
WITH THE SALVATION ARMY FOR THE OPERATION OF THE BERBERIAN SHELTER IN THE AMOUNT NOT TO EXCEED $300,000, WITH A TERM OF JUNE 1, 2024 TO SEPTEMBER 30, 2024, AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE AN
AGREEMENT FOR THE OPERATIONS OF THE PROGRAM
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, the City’s current 2020-2025 Consolidated Plan identifies homelessness and housing as the highest priorities; and WHEREAS, the City’s 2020-2025 Consolidated Plan identified housing and homelessness as key priorities, addressing homeliness in the midst of a pandemic takes a global approach with many community partners and the City departments coming together to create a holistic approach to keeping the most vulnerable in the community safe from COVID-19; and
WHEREAS, on June 6, 2023, by Resolution No. 2023-251, Council approved the Pandemic Recovery Strategy – Modesto Forward for the reallocation of ARPA funding to Homeless Servies (Day Center, Safe Park, and Bridge Housing); and WHEREAS, on October 2023, the City was notified by The Salvation Army regarding their operating deficit and thus began discussion between the City and the #15..
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05/07/2024/CED/EGarcia/Item X 2 2024-XX
Salvation Army which discussing the Berberian Shelter’s budget and the costs of sustaining their operation long-term; and
WHEREAS, the City performed an in-depth analysis of the costs associated with operating the day center and shelter, City staff is recommending an Agreement with the Salvation Army to operate the Berberian shelter to help cover the defect of the operations cost; and
WHEREAS, to extend operations of the Berberian Shelter, City staff is recommending an allocation of ARPA funding in the amount of $300,000.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Berberian Shelter in the amount not to exceed $300,000, with a term from June 1, 2024 to September 30, 2024.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to negotiate and execute agreements in a form approved by the City Attorney. #15..
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05/07/2024/CED/EGarcia/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May, 2024 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
#15..
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05/07/2024/CED/EGarcia/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING AN AGREEMENT WITH THE SALVATION
ARMY FOR THE OPERATION OF THE BERBERIAN SHELTER IN AN
AMOUNT NOT TO EXCEED $375,000 OF ESG-CV FUNDS TO SUPPORT SHELTER OPERATIONS WITH A TERM FROM JANUARY 1, 2024
THROUGH MAY 31, 2024, AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO NEGOTIATE AND EXECUTE THE AGREEMENTS
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, the City’s current 2020-2025 Consolidated Plan identifies homelessness and housing as the highest priorities; and WHEREAS, The City’s 2020-2025 Consolidated Plan identified housing and homelessness as key priorities, addressing homeliness in the midst of a pandemic takes a global approach with many community partners and the City departments coming together to create a holistic approach to keeping the most vulnerable in the community safe from COVID-19; and
WHEREAS, on June 6, 2023, by Resolution No. 2023-251, Council approved the Pandemic Recovery Strategy – Modesto Forward for the reallocation of ARPA funding to Homeless Servies (Day Center, Safe Park, and Bridge Housing); and WHEREAS, on May 9, 2023, through resolution 2023-227, The City of Modesto approved the allocation of reallocated ESG-CV funds and approved an agreement with #15..
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05/07/2024/CED/EGarcia/Item X 2 2024-XX
the Salvation Army in an amount not to exceed $569,546 for the operation and management of a Day Center with the end term of the agreement of June 30, 2024; and WHEREAS, on October 2023, the City was notified by The Salvation Army regarding their operating deficit and thus began discussion between the City and the Salvation Army which discussing the Berberian Shelter’s budget and the costs of sustaining their operation long-term; and
WHEREAS, the City performed an in-depth analysis of the costs associated with operating the day center and shelter, City staff is recommending an Agreement with the Salvation Army to operate the Berberian shelter to help support the operating cost of the shelter; and
WHEREAS, to support the Berberian Shelter, City staff is recommending reallocating ESG-CV funding in the amount of $375,000 with a term from January 1, 2024 to May 31, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with the Salvation Army for the operation of the Berberian Shelter in the amount not to exceed $375,000 of ESG-CV funds and with a term from January 1, 2024 to May 31, 2024.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to negotiate and execute agreements in a form approved by the City Attorney. #15..
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05/07/2024/CED/EGarcia/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May, 2024 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
#15..
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05/07/2024/CED/EGarcia/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGREEMENT
WITH THE SALVATION ARMY FOR THE OPERATION OF THE SAFE
PARKING PROGRAM IN THE AMOUNT NOT TO EXCEED $103,033 FOR A GRAND TOTAL AMOUNT OF $264,755, EXTENDING THE TERM TO
SEPTEMBER 30, 2024, AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO NEGOTIATE AND EXECUTE ANY REQUIRED
AGREEMENTS FOR THE OPERATIONS OF THE PROGRAM AND TO TAKE
THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS
RESOLUTION
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, the City’s current 2020-2025 Consolidated Plan identifies homelessness and housing as the highest priorities; and WHEREAS, the City’s 2020-2025 Consolidated Plan identified housing and homelessness as key priorities, addressing homeliness in the midst of a pandemic takes a global approach with many community partners and the City departments coming together to create a holistic approach to keeping the most vulnerable in the community safe from COVID-19; and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and WHEREAS, on July 12, 2022, the City Council adopted Resolution No. 2022- 329, Council approved a not-to-exceed award to the Salvation Army in the amount of $200,000 for the operation of the safe parking program; and #15..
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05/07/2024/CED/EGarcia/Item X 2 2024-XX
WHEREAS, the Salvation Army submitted a budget amount of $161,722 for the operation of the Safe Parking program with an initial term through December 31, 2023 or until funds are expended; and
WHEREAS, the initial funding allocated to the program are approaching full expenditure in order to extend operations of the Safe Parking program, City staff is recommending an additional allocation of ARPA funding in the amount of $103,033 for a new contract amount not to exceed $264,755 and extending the term through September 30, 2024, and
WHEREAS, the City staff is finalizing negotiations with the County of Stanislaus, and Stanislaus Foods to extend the term of the lease through September 30, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Agreement with The Salvation Army for the operation of the Safe Parking program in the amount not to exceed $103,033 for a grand total amount of $264,755 and extending the term to September 30, 2024.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to negotiate and execute any required agreements for the operations of the program and to take the necessary steps to implement the provisions of this resolution. #15..
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05/07/2024/CED/EGarcia/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May, 2024 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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05/07/2024/CED/EGarcia/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-2024 MULTIYEAR FUND BUDGET FOR PROJECT NUMBER 101460 FOR THE SALVATION ARMY’S DAY CENTER, BERBERIAN SHELTER AND
SAFE PARKING PROGRAMS USING EMERGENCY SOLUTIONS
GRANT CARES ACT (ESG-CV) REALLOCATED FUNDS AND
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE
NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS
RESOLUTION
WHEREAS, on May 9, 2023, through Resolution 2023-227, the City approved the allocation of reallocated Emergency Solutions Grant CARES Act (ESG-CV) funds and approved an agreement with Salvation Army in an amount not to exceed $569,546 for the operation and management of a Day Center with the end term of the agreement of June 30, 2024, and WHEREAS, on May 9, 2023, through Resolution 2023-228, the multi-year budget was amended for Fiscal Year 2022-2023 to transfer budgets for the Emergency Solutions Grant CARES Act (ESG-CV) funds, and
WHEREAS, the Salvation Army’s Day Center budget must be amended to transfer the amount of $375,000 in Emergency Solutions Grant CARES Act (ESG-CV) funds to the Salvation Army’s Berberian Shelter Operations as outlined in Exhibit A, and WHEREAS, the Salvation Army’s Day Center budget is to be allocated with American Rescue Plan Act (ARPA) funds in an amount of $262,680 as approved by Resolution 2023-251 as outlined in Exhibit A, and
WHEREAS, the Salvation Army’s Berberian Shelter Operations budget is to be allocated with American Rescue Plan Act (ARPA) funds in an amount of $300,000 as approved by Resolution 2023-251 as outlined in Exhibit A, and
WHEREAS, the Salvation Army’s Safe Parking budget is to be allocated with American Rescue Plan Act (ARPA) funds in an amount of $88,755 as approved by Resolution 2023-251 as #15..
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05/07/2024/CED/EGarcia/Item X 2 2024-XX
outlined in Exhibit A, and
WHEREAS, the Salvation Army’s Safe Parking budget is currently allocated with American Rescue Plan Act (ARPA) funds in an amount of $14,278 as approved by Resolution 2021-194 as outlined in Exhibit A, and
WHEREAS, activity delivery for staff time shall not exceed an additional amount of $50,000 in ESG-CV funds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the fiscal year 2023-2024 multi-year fund budget for the project number 101460 for the Salvation Army’s Day Center, Berberian operations and Safe Parking programs using Emergency Solutions Grant CARES Act (ESG-CV) reallocated funds and American Rescue Plan Act (ARPA) funds.
BE IT FURTHER RESOLVED; that the City Manager or his designee is hereby authorized to implement the provisions of this resolution. #15..
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05/07/2024/CED/EGarcia/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 2024, 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 votes:
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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05/07/2024/CED/EGarcia/Item X 4 2024-XX
EXHIBIT A
FISCAL YEAR 2023-2024
City of Modesto
Funds Reimbursed with Entitlement
Federal Funds
Community & Economic Development Department
Emergency Solutions Grant CARES (ESGCV)
Community Development Division FUND 1180
Resolution 2023-227 PROJECT 101460
ADJUSTMENT
Salvation Army Day Center - Direct Grant 54706 $ (375,000.00) Salvation Army Berberian Operations - Direct Grant 54706 $ 375,000.00 Services City Forces - Interfund 54500 $ 50,000.00
TOTAL Expenses $ 425,000.00
FISCAL YEAR 2023-2024
City of Modesto
Funds Reimbursed with Entitlement
Federal Funds
Community & Economic Development Department American Rescue Plan Act (ARPA) Community Development Division FUND 1390
Resolution 2021-194 PROJECT 101520
ADJUSTMENT
Salvation Army Safe Parking - Direct Grant 54706 $ 14,278.00 TOTAL Expenses $ 14,278.00
FISCAL YEAR 2023-2024
City of Modesto
Funds Reimbursed with Entitlement
Federal Funds
Community & Economic Development Department American Rescue Plan Act (ARPA) Community Development Division FUND 1390
Resolution 2023-251 PROJECT 101549
ADJUSTMENT
Salvation Army Day Center - Direct Grant 54706 $ 262,680.00 Salvation Army Berberian Operations - Direct Grant 54706 $ 300,000.00 Salvation Army Safe Parking - Direct Grant 54706 $ 88,755.00 TOTAL Expenses $ 651,435.00
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American Rescue Plan Act Agreement- The Salvation Army Day Center
CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD
GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ______ day of _______________ 20____ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Salvation Army, a California corporation, hereinafter referred to as (“Recipient”). The City and the Salvation Amy shall be collectively referred to hereinafter as the “Parties”.
This Agreement is made with regard to the following recitals:
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and
WHEREAS, on June 6, 2023, by Resolution No. 2023-251, Council approved the Pandemic Recovery Strategy – Modesto Forward for the reallocation of ARPA funding to Homeless Servies (Day Center, Safe Park, and Bridge Housing); and
WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which includes ARPA funding, to programs and services to unhoused persons; and NOW THEREFORE, the Parties hereto do mutually agree as follows:
1. Term of Agreement
Unless terminated earlier due to default or insufficiency of funds, this Agreement shall have a term commencing May 1, 2024, and ending September 30, 2024. Recipient shall undertake and complete its services under this Agreement in such sequence and in such a manner to assure completion with the term of this Agreement.
2. Grant Award
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American Rescue Plan Act Agreement- The Salvation Army Day Center City agrees to pay Recipient a Total Grant Award not to exceed Two Hundred Sixty-Two Thousand, Six Hundred Eighty Dollars ($262,680) for all of Recipient’s services to be provided herein, as are more specifically set forth under Exhibit A, "SCOPE OF SERVICES” attached hereto. Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City A. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.
Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.
B. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto.
3. Recipient’s Obligations
A. Throughout the term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.
The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.
B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.
4. QUARTERLY Reporting Requirements
Recipient shall submit quarterly reports to the City on the form attached hereto as Exhibit E, and incorporated herein by reference, or on such other form as required by the City.
5. Annual Reporting Requirements
Recipient shall submit an annual report, in accordance with the requirements set forth in Exhibit D, attached hereto and incorporated herein, to the City within 180 days of the end of the Recipient’s fiscal year in a form approved by the City. The annual report shall be in addition to the reporting required by Section 4, and shall include:
A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
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American Rescue Plan Act Agreement- The Salvation Army Day Center D. Project/Program Expenditures-to-date (including receipts); E. Any other information reasonably requested by the City.
6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.
B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement and shall document all transactions so that all expenditures may be properly audited.
C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.
Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.
7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient, and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City.
8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:
A. The Recipient fails to provide the activities, or any portion of the activities, described in Exhibit A of this Agreement or substandard performance of the activities; B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the activities; C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.
D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.
E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or it fails to provide any documentation requested by the City in accordance with the terms of this agreement; #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach.
9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees, and agents to carry out, the activities, in compliance all applicable federal, state and local laws, rules, ordinances, orders, and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq. Without limiting the foregoing, Recipient shall comply with ARPA, the regulations implement ARPA (31 CFR Part 35), any interpretative guidance issued by the United Stated Department of Treasury, and those Grant terms and conditions attached hereto as Exhibit C and incorporated herein.
10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.
11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City.
B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement.
12. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.
The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage . This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center suspended or terminated. Failure of the Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the RECIPIENT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the RECIPIENT’S insurance and shall not contribute with it.
13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.
14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center personally served or, alternately, sent by prepaid first class mail to the respective Parties as follows:
To City:
City of Modesto
Attn: Edgar R. Garcia, Community Development Manager
1010 10th Street
Modesto, CA 95353
To Recipient:
The Salvation Army, a California Corporation
Attn: Territorial Secretary for Business
30840 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
With copy to:
The Salvation Army of Stanislaus County
Attn: Salvation Army, Major
301 10th Street
Modesto, CA 95351
15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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American Rescue Plan Act Agreement- The Salvation Army Day Center This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient. Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and the Recipient shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.
The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
The Recipient shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and The Recipient involving the work of the subcontractor to be joined. The Recipient’s failure to do so shall be a breach of this Agreement.
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American Rescue Plan Act Agreement- The Salvation Army Day Center The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and
18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.
19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.
B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.
C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. Recipient will have a valid City of Modesto Business License.
E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules. #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.
G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.
IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.
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American Rescue Plan Act Agreement- The Salvation Army Day Center
EXHIBIT A
SCOPE OF WORK
Shelter Operations: Eligible costs are the costs of maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation of the emergency shelter. Where no appropriate emergency shelter is available for a family or individual experiencing homelessness, eligible costs may also include a hotel or motel voucher for that family or individual. The Interim Rule revised the eligible costs for operating emergency shelters by removing the limit on staff costs and adding the cost of supplies.
Emergency Shelter 24 CFR 576.102 - Essential Services: Eligible costs are the costs of case management, childcare, education services, employment assistance and job training, outpatient health services, eligible legal services approved by the City of Modesto, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations.
The Salvation Army shall be responsible for the operations and management of the Day Center, in accordance with the following structure:
A. The Salvation Army shall operate the Day Center between the hours of 7:00 am B. and 7:00 pm. 7 days per week.
C. The Salvation Army shall provide access to showers to Day Center participants D. The Salvation Army shall provide access to laundry services and or washer and dryer access to Day Center participants.
E. The Salvation Army shall create a meal schedule and provide meals to Day Center participants. The Salvation Army shall also coordinate with other organizations in the community that provide meals in order to make meals available at the Day Center to offer coordinated services to clients.
F. The Salvation Army shall maintain a monthly schedule of daily curriculum available to clients and shall provide the schedule to the City of Modesto prior to the start of each month. The Salvation Army shall coordinate with partner organizations to offer services to Day Center clients.
G. The Salvation Army shall provide onsite case management services to Day Center participants which include assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the Day Center participants.
H. The case management services and activities will include but are not limited to the following:
i. Using the centralized or coordinated assessment system as required ii. Conducting an initial evaluation and completing VISPDAT’s needs assessments iii. Counseling
iv. Developing, securing, and coordinating services and obtaining Federal, State, and local benefits;
v. Monitoring and evaluating program participant progress; vi. Providing information and referrals to other providers; #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center vii. Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking; and viii. Developing an individualized housing and service plan, including planning a path to permanent housing stability.
I. The Salvation Army shall provide a weekly employment assistance and job training curriculum including but not limited to providing employment assistance and job training, including classroom, online, and/or computer instruction; on-the-job instruction; and services that assist individuals in securing employment, acquiring learning skills, and/or increasing earning potential. The curriculum will include but is not limited to the following:
i. Providing employment assistance and job training, including classroom, online, and/or computer instruction; on-the-job instruction; and services that assist individuals in securing employment, acquiring learning skills, and/or increasing earning potential.
ii. Teaching skills including those skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates. iii. Services that assist individuals in securing employment consist of employment screening, assessment, or testing; structured job skills and job-seeking skills; special training and tutoring, including literacy training and prevocational training; books and instructional material; counseling or job coaching; and referral to community resources.
J. The Salvation Army shall provide a financial literacy curriculum. The curriculum will include but is not limited to:
i. Budgeting, Smart Spending, Borrowing and Credit, Banking and Savings, Taxes, resources, managing money, managing a household
K. The Salvation Army shall provide daily Core Life Skills Classes which include but not limited to:
i. Services necessary to assist program participant to function independently in the community. resolving conflict, shopping for food and needed items, improving nutrition, using public transportation, parenting.
L. The Salvation Army shall coordinate and collaborate with community partners to provide service referrals such as meals, substance abuse, mental health, legal services, fair housing services, and health services, and other services as needed by those individuals served and maintain a record of collaboration of partnerships.
M. The Salvation Army shall complete HMIS program set-up(s) forms and enter Day Center participant data into the Homeless Management System (HMIS).
N. The Salvation Army shall maintain an HMIS service entry record for each service provided to Day Center program participants.
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American Rescue Plan Act Agreement- The Salvation Army Day Center
EXHIBIT B
INVOICE AND REIMBURSEMENT PROCESSESS
The Salvation Army must use the City of Modesto’s Neighborly invoicing system for submitting invoices and all supporting documentation.
1. Invoices and supporting documentation must be submitted for reimbursement at least once per quarter unless prior agreement was made for monthly invoicing. a. For monthly invoicing, a draw request through Neighborly must be submitted no later than 10 days after the end of the reporting period. b. Failure to comply with this requirement may default to a quarterly invoice if decided by City staff
2. Salvation Army can continue to use their own “in-house” invoicing form which will be considered part of the invoice supporting documentation.
3. Invoice supporting documentation must include, at a minimum:
a. Must be neatly organized and bundled by approved budget line-item categories (i.e., salaries, operations).
b. Each bundle must clearly identify which budget line item the documentation applies to by placing an itemized summary sheet/cover page on each bundle listing each invoice with subtotals and/or totals.
4. Timesheets for each staff member charging time to the funding source must be submitted for each pay period. The City of Modesto will only reimburse time/salary for job positions/personnel identified and approved within the application for funding. a. If at any time during the contract period there is a change in program personnel within the approved job position, Salvation Army must notify the City of Modesto of the change and request City approval to fund new personnel. b. Allowable time charged to the grant for each City approved position will be limited to the number of hours allocated to the project as listed in the application.
c. Time sheets must be signed by both staff and their manager. d. Timesheets must reflect the total time worked each day with the amount of grant hours specific to this agreement time being charged to this grant clearly identified. Only specific to this agreement grant hours worked will be paid, based on the hourly rate approved at the time of application. e. Supporting documentation of pay increases during the program year for staff covered by the grant must be submitted (e.g., Human Resources pay rate increase documentation and/or other equivalent documentation that demonstrates a pay rate increase was processed and approved). f. If the employee is hourly pay exempt, salary will be allocated based on the hours worked. If the total number of hours worked is not listed, then hourly rate will #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center be based on an average 40-hour work week.
g. The cost of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker's compensation insurance (except as indicated in §200.447); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies.
h. Such benefits must be allocated to Federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such Federal awards and other activities and charged as direct or indirect costs in accordance with the non-Federal entity’s accounting practices.
i. The cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar
benefits, are allowable if all the following criteria are met:
j. They are provided under established written leave policies; k. The costs are equitably allocated to all related activities, including Federal awards; and
l. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees.
m. Bonuses are not allowable expenses.
n. Overtime, extra-pay shifts, and multi-shift work may be allowable only with prior approval from the City of Modesto, except as follows:
o. When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature;
p. When employees are performing indirect functions, such as administration, maintenance, or account;
q. In the performance of tests, laboratory procedures, or other similar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed; or
r. When lower overall cost to the federal Government will result. s. If there are more than 6 timesheets, timesheets must be summarized indicating calculation of time to the reimbursement amount requested. t. Proof of payment, such as a payroll register, or copies of paychecks must also be included.
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American Rescue Plan Act Agreement- The Salvation Army Day Center
EXHIBIT C
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds
Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S. Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
2. Period of Performance
The period of performance for this award begins on the date hereof and ends on September 30, 2024.
3. Reporting
Recipient agrees to comply with any reporting obligations established by treasury as they relate to this award.
4. Maintenance of and Access to Records
Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.
Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
5. Pre-award Costs
Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
6. Administrative Costs
Recipient may use funds provided under this award to cover both direct and indirect costs. #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center
7. Cost Sharing
Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest
Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations
A. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
B. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
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American Rescue Plan Act Agreement- The Salvation Army Day Center viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
C. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
10. Remedial Actions
In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act
Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center
12. False Statements
Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications
Any publications produced with funds from this award must display the following language:
“This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S. Department of the Treasury.”
14. Debts Owed the Federal Government
Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
15. Disclaimer
The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.
The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.
16. Protections for Whistleblowers
A. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
B. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
C. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.
For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s subgrantees, contractors, subcontractors, successors, transferees, and assignees:
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American Rescue Plan Act Agreement- The Salvation Army Day Center The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9. 10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.
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American Rescue Plan Act Agreement- The Salvation Army Day Center
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center
EXHIBIT D
ANNUAL REPORTING REQUIREMENTS
Recipient shall use Exhibit D to provide an annual performance report.
The initial report will cover the period from the date the contract was executed to the following June 30 and will be due to the Recipient within 15 days after the end of the reporting period.
Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 days after the end of the 12-month period (by July 15).
Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.
The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period.
Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 calendar days after the end of the 12-month period (by July 15).
Annual Report Period Covered Due Date
1 July 1, 2023 – June 30, 2024 July 15, 2024
2 July 1, 2024 – June 30, 2025 July 15, 2025
3 July 1, 2025 – June 30, 2026 July 15, 2026
4 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:
Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.
Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.
Text in italics represents the requirements from the Reporting Guidance and is meant to serve as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center Recipient.
The Salvation Army
202x Annual Report
GENERAL OVERVIEW
Uses of Funds
Describe in further detail contractor’s intended and actual uses of the funds, such as how contractor’s approach would help support individuals experiencing homelessness. Describe any strategies employed to maximize programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible uses of funds and the specific needs of the jurisdiction, explain how the funds would support the communities, and target population. Address how you are promoting each of the following Expenditure Categories, to the extent they apply:
a. Services for Unhoused Persons (Safe Parking Program) #15..
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American Rescue Plan Act Agreement- The Salvation Army Day Center
EXHIBIT E
QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Recipient shall use Exhibit E to provide a quarterly project and expenditure report.
The initial report will cover the period from the date the contract was executed through the end of the quarter and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and contractors will be required to submit the report to Recipient within 15 days after the end of the quarter.
ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity:
Project Name:
Reporting Period Start Date:
Reporting Period End Date:
Expenditure Category:
3.11 Housing Support: Services for Unhoused Persons* ^
Please provide a brief description of the activities conducted:
Category Cumulative
Expenditures
to date ($)
Cumulative
Obligations
to date ($)
Current
Period
Expenditures
Current
Period
Obligations
7 Administrative
7.2 Services for Unhoused
Persons
[PLEASE SELECT ONE]
5073279.1
EXHIBIT F
PROJECT
EXPENDITURES
PROJECT STATUS
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American Rescue Plan Act Agreement- The Salvation Army Day Center
PROGRAM BUDGET
Day Center 2024 Total FTE City Funding
Day Center Program Coordinator $32,000.00 1 100%
Day Center Case Manager $28,800.00 1 100%
Day Center Monitor $25,792.00 1 100%
Day Center Janitor $25,792.00 1 100%
Kitchen Manager 1 50%
Kitchen Assistant 1 50%
Kitchen Aides 4 50%
Fringe Benefits $44,953.60
OPERATING
Utilities $58,593.50 50%
Reimbursed per meal ($3) 250 per day $273,750 100%
Building Expense $9,375.00 50%
Janitorial & Maintenance $38,906.00 50%
Office Expenses / Supplies $7,031.00 50%
Equipment Lease $ -
Equipment Expense / Maintenance $16,406.00 50%
Other allowable costs $11,718.50 50%
ADMIN FEE BY TSA/ INDIRECT
Headquarters (10% of Total Personnel &
Operating Costs) $57,311.76
TOTAL COSTS w/ADMIN FEE $630,429.36
Monthly Cost Provided by ARPA Funding $52,535.78
Four Month Total Budget Cost $262,680.00
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD
GRANT AGREEMENT
This Modesto Forward Grant Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ______ day of _______________ 20____ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Salvation Army, a California corporation, hereinafter referred to as (“Recipient”). The City and the Salvation Amy shall be collectively referred to hereinafter as the “Parties”.
This Agreement is made with regard to the following recitals:
WHEREAS, the City received an allotment of funds from the United States Department of Treasury through the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act (“ARPA”); and
WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic; and
WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life; and WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents; and
WHEREAS, Modesto Forward includes a comprehensive spending plan, which includes ARPA funding, to programs and services to unhoused persons; and NOW THEREFORE, the Parties hereto do mutually agree as follows:
1. Term of Agreement
Unless terminated earlier due to default or insufficiency of funds, this Agreement shall have a term commencing June 1, 2024, and ending September 30, 2024. Recipient shall undertake and complete its services under this Agreement in such sequence and in such a manner to assure completion with the term of this Agreement.
2. Grant Award
City agrees to pay Recipient a Total Grant Award not to exceed Three Hundred Thousand Dollars ($300,000) for all of Recipient’s services to be provided herein, as are more specifically set forth under Exhibit A, "SCOPE OF SERVICES” attached hereto.
Disbursement of the Grant is dependent upon Recipient providing all records and #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter documentation reasonably required by the City, and in accordance with Exhibit F – Program Budget.
A. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A.
Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.
B. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto.
3. Recipient’s Obligations
A. Throughout the term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.
The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the activities requires pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.
B. The Recipient shall provide appropriate acknowledgement of the Grant by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.
4. QUARTERLY Reporting Requirements
Recipient shall submit quarterly reports to the City on the form attached hereto as Exhibit E, and incorporated herein by reference, or on such other form as required by the City.
5. Annual Reporting Requirements
Recipient shall submit an annual report, in accordance with the requirements set forth in Exhibit D, attached hereto and incorporated herein, to the City within 180 days of the end of the Recipient’s fiscal year in a form approved by the City. The annual report shall be in addition to the reporting required by Section 4, and shall include:
A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts); E. Any other information reasonably requested by the City. #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Grant provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.
B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement and shall document all transactions so that all expenditures may be properly audited.
C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.
Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.
7. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient, and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City.
8. Termination, Suspension and/or Repayment of Grant
The City may terminate, suspend and/or require repayment of the Grant in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:
A. The Recipient fails to provide the activities, or any portion of the activities, described in Exhibit A of this Agreement or substandard performance of the activities; B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the activities; C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.
D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.
E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or it fails to provide any documentation requested by the City in accordance with the terms of this agreement; G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter Recipient’s funding submission/proposal/application for the Grant, or which have been made or may be made in the future surrounding these matters; H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach.
9. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees, and agents to carry out, the activities, in compliance all applicable federal, state and local laws, rules, ordinances, orders, and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq. Without limiting the foregoing, Recipient shall comply with ARPA, the regulations implement ARPA (31 CFR Part 35), any interpretative guidance issued by the United Stated Department of Treasury, and those Grant terms and conditions attached hereto as Exhibit C and incorporated herein.
10. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.
11. Indemnity and Liability
A. The Recipient shall indemnify , defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement or the performance of the Activities, except to the extent the Claims arise from the gross negligence or willful misconduct of City.
B. The City shall not be liable to the Recipient or any other party in relation to the Grant and/or the services provided by the Recipient pursuant to the terms of this agreement. The Recipient shall be solely responsible for the payment of any individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement.
12. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.
The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage . This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient 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 Recipient to obtain and/or maintain any #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the RECIPIENT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the RECIPIENT’S insurance and shall not contribute with it.
13. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.
14. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either Party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first class mail to the respective Parties as follows:
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter To City:
City of Modesto
Attn: Edgar R. Garcia, Community Development Manager
1010 10th Street
Modesto, CA 95353
To Recipient:
The Salvation Army, a California Corporation
Attn: Territorial Secretary for Business
30840 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
With copy to:
The Salvation Army of Stanislaus County
Attn: Salvation Army, Major
301 10th Street
Modesto, CA 95351
15. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
16. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the Recipient with City, and the claim is #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient. Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and the Recipient shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.
The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
The Recipient shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and The Recipient involving the work of the subcontractor to be joined. The Recipient’s failure to do so shall be a breach of this Agreement.
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
17. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient and City shall be independent parties, and Recipient shall not be an employee of the City. Except as Recipient may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. At all times during the term of this Agreement, Recipient and
18. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.
19. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.
B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.
C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. Recipient will have a valid City of Modesto Business License.
E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules. #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.
G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.
IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
EXHIBIT A
SCOPE OF WORK
The Salvation Army Berberian Shelter is a continual operation since 2007 and is one of the largest in the City of Modesto. The campus, a 180-bed emergency shelter, is intended to provide services for the basic needs of adult participants experiencing homelessness, aged 18 and older, while providing connection to supportive services that focus primarily on helping residents identify a pathway to housing.
The role of the Berberian Shelter in the City of Modesto’s homeless response system is to provide safe shelter to individuals experiencing homelessness, allowing them the opportunity to stabilize as they secure housing.
Shelter services include, but are not limited to, the following:
1. Provide services that are culturally-competent, person-centered, and rooted in evidencebased practices.
2. Collaborate and partner with the community in the local planning process of the homeless response system including but not limited to:
A. Work in close coordination with other homeless services providers to ensure no duplication of benefits.
a. Duplication of benefit analysis should be documented in participants case file.
B. Liaison with local law enforcement to provide information on resources and linkages to available services for justice-involved individuals.
C. Coordinate with local area hospitals and clinics for placement of discharged patients experiencing homelessness.
D. Collaborate and work closely with City and County landlords and homeowners to locate appropriate housing options for participants.
E. Collaborate with public and private stakeholders to secure necessary funding to maintain the full operation of the shelter.
F. Collaborate with Stanislaus County Department of Behavioral Health and Recovery Services (BHRS), Stanislaus County Community Services Agency (CSA), Stanislaus County Department of Workforce Development, Stanislaus County Department of Public Health, Stanislaus Community System of Care (CSOC), and City of Modesto staff to ensure all relevant resources are being leveraged for the residents of the shelter. a. Work with these Departments to facilitate a plan to ensure mainstream benefits are being accessed by eligible participants.
G. Enroll clients in the Homeless Management Information System Software.
3. Provide direct services to participants that include but are not limited to:
A. Within the intake process, conduct an orientation describing shelter processes, guidelines, and all expectations of behaviors while staying at the shelter.
B. Conduct an initial assessment and intake within 72 hours of participant enrollment that includes a Vulnerability Index-Service Prioritization Decision Assessment Tool (VI-SPDAT) #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter or a similar assessment tool, assessment of needs, and eligibility.
C. Determine the type of service each participate requires by creating a housing plan and individualized service plan, similar process, identifying goals that are client specific and intended to assist with obtaining and retaining housing. a. Housing plans, individualized service plan, or similar plan must be completed within participant’s first week of placement.
b. Housing plans, individualized service plans, or similar plan should be focused on stabilizing services that will provide the most effective means for connecting the participant with the assistance required to obtain housing and used to monitor progress towards housing stability.
c. Link participants to necessary services and treatment to secure permanent housing.
D. Provide appropriate support services and referrals including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. a. All referrals should be documented in participants case files.
E. Identify potential housing barriers and develop goals with the participant to overcome these housing barriers.
F. Provide case management and housing navigation services to each participant with the goal of securing permanent housing which include but are not limited to:
a. Meet with each participant regularly, at least once a month, to follow up on housing plan and established goals; and
b. Continue to work on clients housing plan and discussions with other services providers and/or landlords/homeowners to obtain best fit for permanent housing.
G. Assist with transportation to and from necessary appointments to maintain health and housing stability.
H. Utilize community resources and tools for participants who would benefit from life skills training, job training, and skills development which should be identified through case management discussions and housing plan.
I. Collaborate with mainstream benefit programs to identify participants who would potentially be eligible to obtain services and aid in the application process.
J. Refer participants to supportive service providers and Coordinated Entry System (CES), as needed.
4. Homeless Management Information System (HMIS)
A. Utilize HMIS standardized forms as necessary to ensure accurate and consistent information updated into the database.
B. All HMIS data needs to be entered into the database within 72 hours of obtaining information to ensure accuracy, security, and collaboration.
C. Update HMIS with participant level updates such as but not limited to:
a. Enrollment date;
b. Monthly conference notes;
c. Services provided;
d. Vital document uploads;
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter e. Participant progress goals;
f. Housing and service plans;
g. Permanent housing retention dates/information; and
h. Program discharge date.
D. Ensure safety measures are being performed for data security which include but is not limited to:
a. Locking working station when walking away;
b. Ensuring computers with participant data is not public facing; and c. Ensure shelter is following Department of Housing and Urban Development (HUD) HMIS privacy guidelines.
E. Comply with HMIS Data Quality Standards released by HUD.
5. Shelter Operations and Management
A. Ensure staff for the shelter are in place to securely carry out the responsibilities for each assigned participant and for the day-to-day operations.
B. Have training and development plans for staff and/or volunteers to carry out daily duties required by this Agreement and funding source.
C. Train staff, participants, and volunteers on the evacuation plan and nine-one-one (911) reporting process.
D. Have posted evacuation plan and exit signs.
E. Ensure all staff and/or volunteers employed with be at least eighteen (18) years of age or older.
F. Ensure all staff and/or volunteers will submit to a background check, as appropriate for the protection of participants.
G. Ensure that all staff and/or volunteers working with youth, aged 18 and younger (if current age policy changes) submit to a comprehensive background review, including fingerprinting and criminal background checks, in accordance with 34 U.S. Code § 20351, if in recipient of federal funding
H. Maintain a non-tolerant anti-harassment, anti-discrimination practice and make genderspecific programing available by working with outside organizations who can come into the shelter and offer such opportunities.
I. Establish, maintain, and make available policies and procedures focusing on shelter operations which can include but not limited to:
a. Enrollment and Intake;
b. Discharge;
c. Emergency Operations;
d. Banned Weapons;
e. Privacy and Confidentiality; and
f. Participants Offered Services.
J. Take all necessary steps to keep the shelter premises safe, well-maintained, and in a state of good repair.
K. Security measures, either alarms or cameras, will be used twenty-four (24) hours a day, seven (7) days a week.
L. Comply with the Americans with Disabilities Act (ADA) and Section 504 of the #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter Rehabilitation Act of 1973 by ensuring the shelter can be accessed by individuals with disabilities and following nondiscrimination laws which can include activities such as:
6. Data Reporting and Requirements
A. Provide quarterly reports detailing the following information to the City no later than 30 calendar days following the end of the reporting period:
a. Number of participants served (duplicated and unduplicated numbers); b. Participant program exit outcomes;
c. Service referrals made by type;
d. Number of participants housed by type;
e. Per day count of number of participants;
f. Narrative on program operations including staff to participant ratios and g. If number of participants has decreased from prior report, include a narrative on the analysis of reduced services provided.
B. Review HMIS data quality reports to ensure shelter data entered is accurate and without errors.
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
EXHIBIT B
INVOICE AND REIMBURSEMENT PROCESSESS
The Salvation Army must use the City of Modesto’s Neighborly invoicing system for submitting invoices and all supporting documentation.
1. Invoices and supporting documentation must be submitted for reimbursement at least once per quarter unless prior agreement was made for monthly invoicing. a. For monthly invoicing, a draw request through Neighborly must be submitted no later than 10 days after the end of the reporting period. b. Failure to comply with this requirement may default to a quarterly invoice if decided by City staff
2. Salvation Army can continue to use their own “in-house” invoicing form which will be considered part of the invoice supporting documentation.
3. Invoice supporting documentation must include, at a minimum:
a. Must be neatly organized and bundled by approved budget line-item categories (i.e., salaries, operations).
b. Each bundle must clearly identify which budget line item the documentation applies to by placing an itemized summary sheet/cover page on each bundle listing each invoice with subtotals and/or totals.
4. Timesheets for each staff member charging time to the funding source must be submitted for each pay period. The City of Modesto will only reimburse time/salary for job positions/personnel identified and approved within the application for funding. a. If at any time during the contract period there is a change in program personnel within the approved job position, Salvation Army must notify the City of Modesto of the change and request City approval to fund new personnel. b. Allowable time charged to the grant for each City approved position will be limited to the number of hours allocated to the project as listed in the application.
c. Time sheets must be signed by both staff and their manager. d. Timesheets must reflect the total time worked each day with the amount of grant hours specific to this agreement time being charged to this grant clearly identified. Only specific to this agreement grant hours worked will be paid, based on the hourly rate approved at the time of application. e. Supporting documentation of pay increases during the program year for staff covered by the grant must be submitted (e.g., Human Resources pay rate increase documentation and/or other equivalent documentation that demonstrates a pay rate increase was processed and approved). f. If the employee is hourly pay exempt, salary will be allocated based on the hours #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter worked. If the total number of hours worked is not listed, then hourly rate will be based on an average 40-hour work week.
g. The cost of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker's compensation insurance (except as indicated in §200.447); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies.
h. Such benefits must be allocated to Federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such Federal awards and other activities and charged as direct or indirect costs in accordance with the non-Federal entity’s accounting practices.
i. The cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar
benefits, are allowable if all the following criteria are met:
j. They are provided under established written leave policies; k. The costs are equitably allocated to all related activities, including Federal awards; and
l. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees.
m. Bonuses are not allowable expenses.
n. Overtime, extra-pay shifts, and multi-shift work may be allowable only with prior approval from the City of Modesto, except as follows:
o. When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature;
p. When employees are performing indirect functions, such as administration, maintenance, or account;
q. In the performance of tests, laboratory procedures, or other similar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed; or
r. When lower overall cost to the federal Government will result. s. If there are more than 6 timesheets, timesheets must be summarized indicating calculation of time to the reimbursement amount requested. t. Proof of payment, such as a payroll register, or copies of paychecks must also be included.
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
EXHIBIT C
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds
Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), U.S. Department of Treasury’s (“Treasury”) regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
2. Period of Performance
The period of performance for this award begins on the date hereof and ends on September 30, 2024.
3. Reporting
Recipient agrees to comply with any reporting obligations established by treasury as they relate to this award.
4. Maintenance of and Access to Records
Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.
Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
5. Pre-award Costs
Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
6. Administrative Costs
Recipient may use funds provided under this award to cover both direct and indirect costs. #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
7. Cost Sharing
Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest
Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations
A. Recipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
B. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
C. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
10. Remedial Actions
In the event of Recipient’s noncompliance with section 602 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act
Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
12. False Statements
Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications
Any publications produced with funds from this award must display the following language:
“This project [is being] [was] supported, in whole or in part, by federal award number SLFRP2096 awarded to County of Stanislaus by the U.S. Department of the Treasury.”
14. Debts Owed the Federal Government
Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
15. Disclaimer
The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.
The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.
16. Protections for Whistleblowers
A. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
B. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
C. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.
For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s subgrantees, contractors, subcontractors, successors, transferees, and assignees:
#15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal 6 6. 7. 8. 9. 10. financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
EXHIBIT D
ANNUAL REPORTING REQUIREMENTS
Recipient shall use Exhibit D to provide an annual performance report.
The initial report will cover the period from the date the contract was executed to the following June 30 and will be due to the Recipient within 15 days after the end of the reporting period.
Thereafter, the report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 days after the end of the 12-month period (by July 15).
Notes on using this template
All contractors that are recipients of State and Local Fiscal Recovery Funds (SLFRF) awards are required to produce an Annual Report. The Annual Report provides information on the contractor’s project and how they plan to ensure program outcomes are achieved in an effective and equitable manner.
The initial Annual Report will cover the period from the date of award to the following June 30 and must be submitted to Recipient within 15 calendar days after the end of the reporting period.
Thereafter, the Annual Report will cover a 12-month period and contractors will be required to submit the report to Recipient within 15 calendar days after the end of the 12-month period (by July 15).
Annual Report Period Covered Due Date
1 Award – June 30, 2022 July 15, 2022
2 July 1, 2022 – June 30, 2023 July 15, 2023
3 July 1, 2023 – June 30, 2024 July 15, 2024
4 July 1, 2024 – June 30, 2025 July 15, 2025
5 July 1, 2025 – June 30, 2026 July 15, 2026
6 July 1, 2026 – December 31, 2026 January 15, 2027
Instructions:
Contractors should consult the SLFRF Guidance on Recipient Compliance and Reporting Responsibilities (Reporting Guidance) located at
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf for detailed guidance on the submission of this report or contact county staff for assistance with completing this exhibit.
Recipient recommends the use of infographics, tables, charts, pictures, case studies, and other explanatory elements in describing their programs.
Text in italics represents the requirements from the Reporting Guidance and is meant to serve #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter as a reference as contractors prepare their Annual Report. This instructions page and the text in italics should be removed before the final transmitted report is published and submitted to Recipient.
The Salvation Army
202x Annual Report
GENERAL OVERVIEW
Uses of Funds
Describe in further detail contractor’s intended and actual uses of the funds, such as how contractor’s approach would help support individuals experiencing homelessness. Describe any strategies employed to maximize programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible uses of funds and the specific needs of the jurisdiction, explain how the funds would support the communities, and target population. Address how you are promoting each of the following Expenditure Categories, to the extent they apply:
a. Services for Unhoused Persons (Safe Parking Program) #15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
EXHIBIT E
QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Recipient shall use Exhibit E to provide a quarterly project and expenditure report.
The initial report will cover the period from the date the contract was executed through the end of the quarter and will be due to the Recipient within 15 days after the end of the reporting period. Thereafter, the report will cover one quarter and contractors will be required to submit the report to Recipient within 15 days after the end of the quarter.
ARPA QUARTERLY PROJECT AND EXPENDITURE REPORT
Reporting on State and Local Fiscal Recovery Funds (SLFRF) Name of Entity:
Project Name:
Reporting Period Start Date:
Reporting Period End Date:
Expenditure Category:
3.11 Housing Support: Services for Unhoused Persons* ^
Please provide a brief description of the activities conducted:
Category Cumulative
Expenditures
to date ($)
Cumulative
Obligations
to date ($)
Current
Period
Expenditures
Current
Period
Obligations
7 Administrative
7.2 Services for Unhoused
Persons
[PLEASE SELECT ONE]
5073279.1
EXHIBIT F
PROJECT
EXPENDITURES
PROJECT STATUS
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
PROGRAM BUDGET
Expense Type 2024 Total Cost Per
FTE
Number
of FTE's
FTE
Total
Requested Budget Total
Admin Staff
Business
Administrator
$ 89,260.00 $
89,260.00
1 1
50% $ 44,630.00
Grants and
Contractor
Coordinator
$ 61,160.00 $
61,160.00
1 1
50% $ 30,580.00
HR Coordinator $ 54,080.00 $
54,080.00
1 1
50% $ 27,040.00
Finance Clerk $ 46,800.00 $
46,800.00
1 1
50% $ 23,400.00
Corps Officer $ - $ -
-
-
0% $ -
Office Manager $ - $ -
-
-
0% $ -
Program Staff $ -
Shelter Director $ 85,000.00 $
85,000.00
1 1
50% $ 42,500.00
Berberian Deputy
Director
$ 69,640.00 $
69,640.00
1 1
100% $ 69,640.00
HMIS Coordinator $ 52,420.00 $
52,420.00
1 1
50% $ 26,210.00
Intake
Coordinator
$ 40,100.00 $
40,100.00
1 1
50% $ 20,050.00
Medical Program
Coordinator
$ - $ -
-
-
0% $ -
VA Case Manager $ - $ -
-
-
0% $ -
Case Workers $ 74,880.00 $
37,440.00
2 -
100% $ -
#15..
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter Janitors $ 96,720.00 $
32,240.00
3 1
100% $ 32,240.00
Shelter Monitors $ 322,400.00 $
32,240.00
10 10
100% $ 322,400.00
Shelter Shift
Leaders
$ 104,820.00 $
34,940.00
3 -
100% $ -
Maintenance
Supervisor (PT)
$ 41,500.00 $
41,500.00
1 1
0% $ -
Maintenance
Worker (PT)
$ 34,940.00 $
34,940.00
1 1
50% $ 17,470.00
Program
Aide/Housekeeper
$ - $ -
-
-
0% $ -
Kitchen Manager
(PT)
$ 48,040.00 $
48,040.00
1 1
0% $ -
Kitchen Assistant
(PT)
$ 37,440.00 $
37,440.00
1 1
0% $ -
Kitchen Aides (PT) $ 161,200.00 $
32,240.00
5 5
0% $ -
Shelter Programs
Driver
$ - $ -
-
-
0% $ -
Front Desk
Attendant
$ - $ -
-
-
0% $ -
Temp Workers $ 10,000.00 $ -
-
-
100% $ 10,000.00
Salary Total $ 1,430,400.00 $ 666,160.00
Fringe Benefits $ 439,384.00 $
12,553.83
35.0 28.0
100% $ 351,507.20
TOTAL
PERSONNEL
$ 1,869,784.00 $ 1,017,667.20
Utilities $ 117,187.00 50% $ 58,593.50
One meal a Day $202,575 100% $ 202,575.00
Building Expense $ 18,750.00 50% $ 9,375.00
Janitorial &
Maintenance
$ 77,812.00 50% $ 38,906.00
Office Expenses /
Supplies
$ 14,062.00 50% $ 7,031.00
Equipment Lease $ - 50% $ -
Equipment
Expense /
Maintenance
$ 32,812.00 50% $ 16,406.00
Travel $ - 50% $ -
Training / Hygiene
Kits
$ 5,625.00 50% $ 2,812.50
Other allowable
costs
$ 23,437.00 50% $ 11,718.50
TOTAL
OPERATING
$ 492,260.00 $ 347,417.50
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American Rescue Plan Act Agreement- The Salvation Army Berberian Shelter
TOTAL PROGRAM
EXPENSES
$ 2,362,044.00 $ 1,365,084.70
ADMIN FEE BY
TSA/ INDIRECT
Headquarters
(10% of Total
Personnel &
Operating Costs)
$ 236,204.40 $ 136,508.47
TOTAL COSTS
w/ADMIN FEE
$ 2,598,248.40 $ 1,501,593.17
Monthly Cost $ 125,132.76
Monthly City of
Modesto
Contribution
$ 75,000
Total Contribution
(4 month total)
$ 300,000
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Emergency Solutions Grants Cares Act Program Agreement
This Emergency Solutions Grants Cares Act Program Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ______ day of _______________ 20____ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Salvation Army, a California corporation, hereinafter referred to as (“Subrecipient”). The City and the Salvation Amy shall be collectively referred to hereinafter as the “Parties”.
WHEREAS, the City has an Emergency Solutions Grants allocation from the U.S. Department of Housing and Urban Development under Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371-11378), as amended; and WHEREAS, pursuant to such grant, the City is undertaking certain programs and services necessary for the planning, implementation, or execution of such Emergency Solutions Grants Program; and
WHEREAS, City desires to engage Subrecipient to render certain services, programs, or assistance in connection with such undertaking of the Emergency Solutions Grants Program, as described in Exhibits A; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
I. SCOPE OF WORK:
Subrecipient shall perform all the necessary services provided under this Agreement in accordance with and respecting the following activities as set forth in Exhibit A. The Subrecipient will be responsible for administering the activity described herein consistent with all the provisions of this Agreement and with the requirements of Title 24 Code of Federal Regulations, Part 576 for the U.S. Department of Housing and Urban Development concerning Emergency Solutions Grants (ESG) Program and all applicable federal requirements to carrying out ESG activities. Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
II. TERM OF AGREEMENT:
Unless terminated earlier due to default or insufficiency of funds, this Agreement shall have a term commencing January 1, 2024, and ending May 31, 2024. Subrecipient shall undertake and complete its services under this Agreement in such sequence and in such a manner to assure completion with the term of the Agreement. The Parties understand and agree that this Agreement shall have retroactive effect.
III. FUNDING:
City agrees to pay Subrecipient a Total Grant Award not to exceed Three Hundred Seventy-Five Thousand Dollars ($375,000) for all Subrecipient’s services to be provided #15..
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FY 2023-2024 Public Service CV Agreement
herein, as are more specifically set forth under Exhibit A; attached hereto. Of the grant award, Subrecipient shall invoice the City no more than $75,000 per month, for a total of five (5) months, totaling $375,000.
Disbursement is dependent upon Subrecipient providing all required documentation. If projects or services fail to comply with federal requirements, Subrecipient could be required to repay any or all compensation or shall not be paid for said projects or services. The amount set forth in this section is not a guarantee of the compensation that Subrecipient receive, but rather is merely a limit of potential City expenditures under this Agreement. Subrecipient will be paid for services actually performed in accordance with the requirements of this Agreement.
Federal award identification information regarding the funding provided to Subrecipient by this Agreement, as required by 24 CFR 200.332, is included in Exhibit B, attached hereto and incorporated herein.
IV. DRAW DOWN OF FUNDS:
Draw down of funds shall be determined between the City and the Subrecipient, as stated in the Exhibits A.
In every case, payment will be made subject to receipt of a written requisition for payment from Subrecipient specifying and certifying that such expenses are in conformance with this Agreement and Subrecipient is entitled to receive the amount requisitioned under the terms of the Agreement. To comply with 2 CFR 200.415, with each requisition for payment, an official authorized to bind Subrecipient shall certify that “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” a. Subrecipient agrees that the General Provisions for Selected Items of Cost (2 CFR 200.420-200.475) shall be used to determine the allow-ability of invoiced costs. b. Requisitions for Payment will be dispersed upon request provided that:
i. The Requisition for Payment is submitted with an original authorized signature;
ii. That all Requisitions for Payment are accompanied with supporting documentation verifying all costs are specific to carrying out the Agreement Scope;
iii. That a Budget Amendment Form be requested from City, and if approved by City, be returned with an original authorized signature for any Requisition for Payment that varies from the original approved Project Budget. City #15..
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FY 2023-2024 Public Service CV Agreement
Approval of the budget amendment will be evaluated based on the nature of the request in comparison to the contract scope, and shall be subject to prior-approval by HUD, if required, pursuant to 2 CFR 200.308. c. Subrecipient shall not claim reimbursement from City for (or apply sums received from the City with respect to) that portion of any of its obligations which has been or should be paid by another source.
d. Subrecipient shall be reimbursed only for eligible expenses incurred during the specified time period of the Agreement.
e. Subrecipient shall submit any outstanding claims for reimbursement under this Agreement within ten (10) days after the ending date of the contract. All claims submitted after ten (10) days following the ending date of the Agreement will not be eligible for reimbursement by the City.
f. Subrecipient shall notify City in writing of all authorized personnel who shall be empowered to file requests for payment and pick up reimbursement checks pursuant to the Agreement.
g. Disbursement of funds may be withheld if quarterly activity reports are not provided according to this Agreement.
h. Upon receipt of payment of its final written requisition, Subrecipient shall have no entitlement to any unused funds.
V. USE OF FUNDS:
Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371-11378), as amended, 24 CFR Part 576, and other federal requirements governing the Emergency Solutions Grants Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. In addition, Subrecipient agrees to comply with other applicable laws including but not limited to Title VI of the Civil Rights Act of 1964, as amended Title VI), 42 USC Section 2000, and the U.S. Department of Housing and Urban Development’s (HUD’s) regulations implementing that Act at 24 CFR Part 1; Title VIII of the Civil Rights Act of 1968, now cited as the Federal Fair Housing Act, and specifically its provisions relating to the obligation to affirmatively further fair housing choice at 42 USC 3608(d) and (e)(5); and Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), 42 USC Section 794, and HUD’s regulations implementing that Act at 24 CFR Part 8; and to practice nondiscrimination in the provision of assistance, consistent with Section 411 (42 USC 11371) of the McKinney-Vento Homeless Assistance Act, as amended by Section #15..
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FY 2023-2024 Public Service CV Agreement
896 of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009.
Furthermore, any funded activity must be designed or so located as to principally benefit low- and moderate-income persons, aid in the prevention or elimination of slums or blight or meet urgent community development needs, as defined in the program guidelines.
Subrecipient shall administer all activities provided for this Agreement in a manner consistent with such rules and regulations, including the Emergency Solutions Grants Program Operations Manual, as shall from time to time be promulgated by the U.S.
Department of Housing and Urban Development, insofar as such rules and regulations do not conflict with applicable law or the terms of this Agreement. Subrecipient shall use Emergency Solutions Grants Program funds for the services described in Exhibit A and B of this Agreement.
Subrecipient shall administer all activities provided for in this Agreement in accordance with 24 CFR § 576 et seq and all other applicable federal state or local laws, rules or regulations.
Emergency Shelter 24 CFR 576.102 - Essential Services: Eligible costs are the costs of case management, child care, education services, employment assistance and job training, outpatient health services, eligible legal services approved by the City, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations.
Shelter Operations: Eligible costs are the costs of maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation of the emergency shelter. Where no appropriate emergency shelter is available for a family or individual experiencing homelessness, eligible costs may also include a hotel or motel voucher for that family or individual. The Interim Rule revised the eligible costs for operating emergency shelters by removing the limit on staff costs and adding the cost of supplies.
If Subrecipient contracts with any subconsultant for the purpose of carrying out any part of the services set forth in Exhibit A, Subrecipient shall require such subconsultant(s) to comply with all applicable ESG Regulations (as set forth in this Agreement and 24 CFR Part 576 et seq.), including but not limited to, reporting requirements. Subrecipient shall ensure it collects all required information from the subconsultant(s) in order for Subrecipient to satisfy its reporting obligations as set forth herein.
VI. DUPLICATION OF BENEFITS:
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Subrecipient shall not use funds available under this Agreement to pay for costs that have already been paid for, or will be paid for, by another Federal program, insurance, or other sources. By signing this Agreement Subrecipient attests that it has not received funds from any other source to pay for the activities set forth in Exhibit A that will be paid for by the funds provided under this Agreement. Subrecipient acknowledges and agrees that if Subrecipient uses the funds under this Agreement to pay for costs that have already been paid for, or will be paid for, by another source, Subrecipient shall repay the funds provided under this Agreement to the City.
Initials of Authorized Representative of Subrecipient: _______ VII. Subrecipient shall maintain an updated and valid DUNS number, which requires registering with Dun and Bradstreet and completing and annually renewing their registration in the Central Organization Registration (CCR).
VIII. COST PRINCIPLES, UNIFORM ADMINISTRATIVE REQUIREMENTS, AND PROGRAM INCOME:
Subrecipient will comply and follow the requirements set forth in 24 CFR part 84 and 2 the standards of 2 CFR part 200 “Uniform Administrative Requirements, Cost Principles, and Requirements for Federal Awards”, as now in effect and as may be amended from time to time, as applicable. The use of Emergency Solutions Grants Program funds must be accounted for separately with all the expenditures clearly identified including all supporting documentation. Program income, as that term is defined in ESG Regulations, derived from this project/activity, if any, shall revert to City for use in the Emergency Solutions Grants Program, unless otherwise indicated in Exhibit A.
Unless otherwise provided in another exhibit to the Agreement, the Subrecipient shall provide at its sole cost and expense, all office space, supplies, equipment, vehicles, reference and other written materials, and telephone service as is necessary for SUBRECIPIENT to provide the services under the Agreement.
IX. ASSIGNMENT:
Without written consent of City, this Agreement is not assignable by Subrecipient, whether in whole or in part.
X. ALTERATION:
No alteration or variation in the terms of this Agreement shall be valid unless made in writing, approved and signed by the parties hereto.
XI. REVERSION OF ASSETS:
Upon expiration of this Agreement, Subrecipient shall transfer to City any unused ESG funds on hand and any accounts receivable attributable to the use of ESG Funds in accordance with 24 CFR § 576. Subrecipient shall retain furniture, equipment or any other property or assets acquired with Emergency Solutions Grants Program funds #15..
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under this contract as long as there is a need for such property to accomplish the purpose of the program, whether or not the program continues to be supported by Emergency Solutions Grants Program funds. If the Subrecipient becomes insolvent, all furniture, equipment or any other property or assets purchased partly or totally with Emergency Solutions Grants Program funds, shall be returned to the City for disposition.
XII. GENERAL TERMS AND CONDITIONS:
a. Subrecipient agrees to maintain records required by the Federal regulation specified in 24 CFR Part 576.500, and that are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to:
a.1.Records providing a full description of each activity undertaken; a.2. Records required to determine the eligibility of activities; a.3. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with ESG assistance;
a.4. Records documenting compliance with the fair housing and equal opportunity components of the ESG program;
a.5. Financial records as required by 24 CFR Part 576.500, OMB Circular A1102, and CFR Part 200; and a.6. Other records necessary to document compliance with of 24 CFR 576. b. Subrecipient agrees to submit quarterly program status reports to the City, and other reports as may be required. Quarterly year-end and any other periodic reports that are required must be provided to the City within ten (10) days from the end of the reporting period.
c. Subrecipient agrees to maintain racial, ethnic, gender, head of household, total household income and family size data showing the extent to which these categories or persons have participated in, or benefited from, the project and provide such data in the periodic activity/status report. A cumulative year-end report is due at the Department of Community & Economic Development Department within ten (10) days from the end of the fiscal year.
d. Subrecipient agrees that in advertisements or public notices regarding the ESGfunded portion of the program, that such ads or notices will include wording to the effect that the program, or a portion thereof, is funded through a ESG award provided by the City of Modesto.
e. Subrecipient agrees to keep all necessary books and records, including personal property, personnel and financial records, in connection with the operations and services performed under this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.
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f. Subrecipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. g. Subrecipient agrees to allow City to monitor program and allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine. City shall conduct quarterly onsite monitoring visits with the Subrecipient to review work progress. If during monitoring review City determines that insufficient progress has been made, it will include such information in its monitoring documentation and identify a corrective action plan. The corrective action plan shall include communication with the Subrecipient in order to ensure that all services will be delivered. If after the City communicates scope of work delivery concerns to the Subrecipient, the Subrecipient is not sufficiently able to ensure the City that there is a plan that will deliver the contracted scope of work, then City may recapture and reallocate funds. If monitoring visit results in sufficient evidence of adequate progress toward meeting the scope of work, then City will record that there is such progress in monitoring documentation forwarded to the Subrecipient. h. Subrecipient shall develop and implement procedures to ensure: (1) the confidentiality of records pertaining to all program participants; (2) that program participants’ addresses will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the Subrecipient. i. Subrecipient may terminate assistance to a program participant who violates program eligibility requirements. Subrecipient may resume assistance to a program participant whose assistance was previously terminated. In terminating assistance to a program participants, Subrecipient must: (1) provide a formal process that recognizes the rights of individuals receiving assistance to due process of law with a written notice that includes (a) a clear statement of the reasons for termination; (b) a review of the decision, in which the program participant is given the opportunity to present written or oral objections before a third party; and (c) prompt written notice of the final decision to the program participants; (d) for purposes of this policy, a “Third Party” is defined as another agency staff person who has not previously evaluated the program participant for eligibility. SUBRECIPIENT must have clear written policies and procedures for the denial, discharge, or termination of program services.
j. Subrecipient agrees to provide to City, at Subrecipient’s cost, a certified audit performed by an accredited public accountant, of all funds received and utilized by Subrecipient, including the distribution of Emergency Solutions Grants Program funds for applicable fiscal year(s) to be delivered to City no later than October 1 following the end of the applicable fiscal year(s).
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k. Subrecipient agrees to provide to City, at Subrecipient ‘s cost, an independent auditor’s report on compliance with requirements applicable to each major program and on internal control over compliance in accordance with OMB Circular A-133, when applicable.
l. Subrecipient hereby warrants that all project records, books, papers and documents will be retained for a period of not less than five (5) years after the project terminates and grants City the option of retention of the project books, records, papers and documents.
m. Subrecipient agrees to obtain all necessary permits for intended activities. n. Subrecipient hereby severally warrants that it will establish and adopts safeguards to prohibit members, officers, and employees from using positions for purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Further, no member, officer, or employee of SUBRECIPIENT who exercises any functions or responsibility with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement. o. The Subrecipient shall provide at its own expense and maintain at all times, the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. Subrecipient shall submit evidence of insurance electronically via the Pacific Insurance Network Systems (PINS). The policies or certificates thereof shall provide thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by registered mail, return receipt requested, for all of the following stated insurance policies:
Worker’s Compensation in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000.
General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations as applicable.
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Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance or if a company issuing such policy shall be unsatisfactory to City, the Subrecipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as herein above provided. Upon failure of the Subrecipient to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended, or terminated. Failure of the Subrecipient to obtain and/or maintain any required insurance shall not relieve the Subrecipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Subrecipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation.
The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees and volunteers for losses arising from work performed by SUBRECIPIENT for the City.
The Subrecipient insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured and shall be placed with insurer(s) with acceptable Best’s rating of A:
VII or with approval of the Risk Manager. The Subrecipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
Subrecipient shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general and auto liability insurance policies. In addition, Subrecipient shall provide City with a Workers’ Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the Subrecipient’s insurance shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Subrecipient insurance and shall not contribute with it. #15..
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XIII. TERMINATION OF AGREEMENT:
The City may terminate this Agreement, with or without cause and at any point in time in the sole and absolute discretion of City, upon written notice to the Subrecipient. In the event the City terminates this Agreement, City shall compensate the Subrecipient for all outstanding costs incurred for work satisfactorily completed as of the effective date of the termination. Subrecipient shall maintain adequate logs and timesheets in order to verify costs incurred to date. Subrecipient may terminate this Agreement upon breach by City, provided that Subrecipient has first provided City of the breach and then provided City with a reasonable opportunity to cure.
Without limiting the foregoing, City expressly reserves the right to terminate this Agreement upon written notification to Subrecipient under the following conditions:
a. Notification by the U.S. Department of Housing and Urban Development (HUD) to City that said project is ineligible because of project location, services provided, or any other reason cited by HUD.
b. Notification by HUD to City that said project is deficient and that continued support is not providing an adequate level of service to low-income and minority people.
c. Written notification from HUD to CITY that the program funds made available to City are being curtailed, withdrawn, or otherwise restricted. d. Failure of Subrecipient to submit to City required reports including monthly, quarterly or end of year reporting forms.
e. Failure of Subrecipient to submit to the City regular invoices/requisitions as stated in Exhibit B.
f. Failure by Subrecipient to meet project date, objectives or proposed goals/accomplishments as set forth herein.
g. Failure to comply with written notice from City of substandard performance in scope of service under the terms of this Agreement.
h. Expenditure of funds by Subrecipient and under this Agreement is for ineligible activities, services, or items.
i. If the Subrecipient shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement, or if Subrecipient shall violate any of the covenants, Agreements or stipulations of this Agreement, City shall thereupon have the right to terminate by giving written notice to Subrecipient of such termination and specifying the effective date thereof, which shall be at least #15..
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thirty (30) days before the effective date of such termination. Without prejudice, Subrecipient agrees that prior to the termination or expiration of this Agreement upon any final or interim audit by City of the U.S. Department of Housing and Urban Development, it shall be disclosed to be due to City (or shall, at City’s election, permit City to deduct such sums from whatever amounts remained undisbursed by City to Subrecipient pursuant to this Agreement). If this Agreement shall be terminated and it shall be disclosed upon such audit, or otherwise, that such failure has occurred, then Subrecipient shall pay to City whatever sums are so disclosed to, or determined by City, to be due to City. j. City shall have the right to terminate this Agreement with or without cause at any time upon giving Subrecipient at least thirty (30) days written notice prior to the effective date of such termination.
XIV. HOLD HARMLESS AND INDEMNITY AGREEMENT:
Subrecipient shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out the performance of this Agreement. Subrecipient’s obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Subrecipient to procure and maintain a policy of insurance. The provisions of this Section shall survive the expiration of the term of this Agreement.
XV. CIVIL RIGHTS
a. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104{b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 ,and Executive Order 11246 as amended by Executive Orders 11375, 11478,12107 and 12086.
b. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 as amended are still applicable.
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c. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.
L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected there on providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient in undertaking its obligation to carry out the program assisted hereunder agrees to take such measures as are necessary to enforce such covenant. d. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
XVI. EQUAL OPPORTUNITY IN PARTICIPATION AND EMPLOYMENT:
Subrecipient agrees that no person shall, on the grounds of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap or human immunodeficiency virus (HIV) status, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to SUBRECIPIENT pursuant to this Agreement. Subrecipient shall not on the grounds of race, color, national origin, gender, sexual orientation, age, marital status, familial status, handicap, or human immunodeficiency virus (HIV) status:
a. Deny any service or other benefit provided under the program or activity; b. Provide any service or other benefit which is different, or is provided in a different form from that provided to others under the program or activity;
c. Subject to segregate or separate treatment in any facility, or in any manner or process related to receipt of any service or benefit under the program or activity;
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e. Treat an individual differently from others in determining whether he/she satisfies any admission, enrollment, eligibility, membership or other recruitment or condition which individuals must meet in order to be provided any service or other benefit provided under the program or activity; or
f. Deny an opportunity to participate in a program or activity as an employee;
Provided however, that nothing in this paragraph shall prevent Subrecipient from taking any action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons, where the purpose of such action is to overcome prior discriminatory practice or usage, and provided, further, that nothing in this paragraph shall be construed to prohibit Subrecipient from maintaining or constructing separate living facilities or rest room facilities of the different genders.
In carrying out the program, Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap or human immunodeficiency virus (HIV) status. Subrecipient shall make every effort to ensure that applicants for employment are employed and employees are treated during employment, without regard to their race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, or human immunodeficiency virus (HIV) status.
Such action shall include, but not be limited to, the following: employee promotion, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Subrecipient shall post in conspicuous places, available to employees and applicants for employment, notices of this nondiscrimination clause, without regard to race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap or human immunodeficiency virus (HIV) status. The Subrecipient shall incorporate the foregoing requirements of this paragraph in all of its Agreements for program work, and shall require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work.
XVII. EQUAL PARTICIPATION OF RELIGIOUS/FAITH-BASED SUBRECIPIENTS:
Under HUD, religious/faith-based organizations retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HUD funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. Religious/faith-based organizations may use space in its facilities to provide HUD-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a HUD-funded religious/faith-based organization retains its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious basis, and #15..
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include religious references in its organization’s mission statements and other governing documents. An organization that participates in any HUD program shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief.
XVIII. BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR LOW- AND MODERATE-INCOME RESIDENTS:
Subrecipient will conform to the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 (u)) as amended, and the HUD regulation issued pursuant thereto as 24 CFR, Part 135. This Act requires that, to the greatest extent feasible, opportunities for training and employment be given to lowand moderate-income residents of the project area.
XIX. LABOR STANDARDS:
Subrecipient shall comply with all applicable labor standards, as set forth in section 110(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301, et seq.). The use of volunteers shall comply with the regulations in 24 CFR Part 70.
XX. PROVISION OF THE HATCH ACT:
Neither Subrecipient’s program nor the funds provided thereof, nor the personnel employed in the administration of the program shall be in any way or to any event engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code.
XXI. CONFLICT OF INTEREST:
Subrecipient shall comply with 2 CFR 576.404, 2 CFR 200.112 (formerly 24 CRF 84.42) and all applicable federal standards of ethical conduct, which prohibit any employee, officer, or agent of Subrecipient from participating in the selection, award, or administration of a federally funded contract if a real or apparent conflict of interest would be involved. With respect to all other decisions involving the use of ESG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.
XXII. LEAD-BASED PAINT POISONING PREVENTION:
Subrecipient agrees to uphold the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. #15..
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4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under ESG.
XXIII. DRUG-FREE WORKPLACE:
Subrecipient will maintain a drug-free workplace and will comply with all applicable Federal, State and local laws pertaining to a drug free workplace.
XXIV. PROVISION REQUIRED BY LAW DEEMED INSERTED:
Each and every position of law and clauses required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.
XXV. NOTICES:
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which Subrecipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:
To City: CITY OF MODESTO
Community & Economic Development Department
Attn: Community Development Division
P. O. Box 642
Modesto, Ca 95353
To Subrecipient: The Salvation Army, a California corporation Attn: Territorial Secretary for Business
30840 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
with copy to:
The Salvation Army of Stanislaus County
Attn: Salvation Army, Major
301 10th Street
Modesto, CA 95351
XXVI. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between Subrecipient and the City. Additional or new terms contained in this Agreement, which may vary from Subrecipient proposal, are controlling and are deemed accepted by Subrecipient. #15..
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All previous proposals, offers, and communications relative to this Agreement, whether oral or written are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by the parties.
XXVII. PARTIAL INVALIDITY:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
XXVIII. GOVERNING LAW/VENUE:
This Agreement shall be governed according to the laws of the State of California and venue shall be the Superior Court in Stanislaus County.
XXIX. AUTHORITY TO ENTER INTO AGREEMENT
The undersigned persons signing as officers on behalf of Subrecipient, and party to this Agreement, hereby severally warrant and represent that said persons have authority to enter into this Agreement on behalf of said Subrecipient and to bind the same to this Agreement, and further that said Subrecipient has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any articles of incorporation or by-laws against entering into this Agreement.
Both parties hereto in the performance of this Agreement will be acting in an independent contractor capaCity and not as agents, employees, partners or joint ventures with one another. Subrecipient is not an employee of City and is not entitled to any of the rights, benefits, or privileges of City employees, including, but not limited to medical, unemployment, or Worker’s Compensation insurance.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the CITY OF MODESTO and SUBRECIPIENT has caused this Agreement to be duly executed.
NAME OF RECIPIENT
By ________________________________
Name: _____________________________
Title: ______________________________
By________________________________
Name: _____________________________
Title: ______________________________
(SEAL)
Corporations: signature of two (2) officers or
one (1) officer plus corporate seal required.
Partnership: signature of one partner
required.
Sole Proprietorship: signature of proprietor
required.
Non-Profit: signature of two (2) officials or
one (1) official plus corporate seal required.
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Exhibit A
Scope of Services
The Salvation Army Berberian Shelter is a continual operation since 2007 and is one of the largest in the City of Modesto. The campus, a 180-bed emergency shelter, is intended to provide services for the basic needs of adult participants experiencing homelessness, aged 18 and older, while providing connection to supportive services that focus primarily on helping residents identify a pathway to housing.
The role of the Berberian Shelter in the City of Modesto’s homeless response system is to provide safe shelter to individuals experiencing homelessness, allowing them the opportunity to stabilize as they work on a plan to secure housing.
Proposed Outcomes Approved: A total of 542 homeless individuals will be provided low barrier shelter and intensive services with the goal of finding opportunities for a long-term permanent housing outcome, inclusive of the services listed below.
Shelter services include, but are not limited to, the following:
1. Provide services that are culturally-competent, person-centered, and rooted in evidencebased practices such as:
A. Critical time intervention;
B. Motivational interviewing;
C. Trauma informed care; and
D. Harm reduction principles.
2. Collaborate and partner with the community in the local planning process of the homeless response system including but not limited to:
A. Work in close coordination with other homeless services providers to ensure no duplication of benefits.
a. Duplication of benefit analysis should be documented in participants case file.
B. Liaison with local law enforcement to provide information on resources and linkages to available services for justice-involved individuals.
C. Coordinate with local area hospitals and clinics for placement of discharged patients experiencing homelessness.
D. Collaborate and work closely with City and County landlords and homeowners to locate appropriate housing options for participants.
E. Collaborate with Stanislaus County Department of Behavioral Health and Recovery Services (BHRS), Stanislaus County Community Services Agency (CSA), Stanislaus County Department of Workforce Development, Stanislaus County Department of Public Health, Stanislaus Community System of Care (CSOC), and City of Modesto staff to ensure all relevant resources are being leveraged for the residents of the shelter. #15..
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a. Work with these Departments to facilitate a plan to ensure mainstream benefits are being accessed by eligible participants.
F. Maintain a SCOC membership throughout the duration of this Agreement. a. Attend monthly CSOC meetings.
G. Participate in reoccurring Homeless Management Information System (HMIS) meetings.
3. Provide direct services to participants that include but are not limited to:
A. Within the intake process, conduct an orientation describing shelter processes, guidelines, and all expectations of behaviors while staying at the shelter.
B. Conduct an initial assessment and intake within 72 hours of participant enrollment that includes a Vulnerability Index-Service Prioritization Decision Assessment Tool (VI-SPDAT) or a similar assessment tool, assessment of needs, and eligibility.
C. Determine the type of service each participate requires by creating a housing plan and individualized service plan, similar process, identifying goals that are client specific and intended to assist with obtaining and retaining housing. a. Housing plans, individualized service plan, or similar plan must be completed within participant’s first week of placement.
b. Housing plans, individualized service plans, or similar plan should be focused on stabilizing services that will provide the most effective means for connecting the participant with the assistance required to obtain housing and used to monitor progress towards housing stability.
c. Link participants to necessary services and treatment to secure permanent housing.
D. Provide appropriate support services and referrals including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. a. All referrals should be documented in participants case files.
E. Identify potential housing barriers and develop goals with the participant to overcome these housing barriers.
F. Provide case management and housing navigation services to each participant with the goal of securing permanent housing which include but are not limited to:
a. Meet with each participant regularly, at least once a month, to follow up on housing plan and established goals; and
b. Continue to work on clients housing plan and discussions with other services providers and/or landlords/homeowners to obtain best fit for permanent housing.
G. Assist with transportation to and from necessary appointments to maintain health and housing stability.
H. Utilize community resources and tools for participants who would benefit from life skills training, job training, and skills development which should be identified through case management discussions and housing plan.
I. Collaborate with CSA’s mainstream benefit programs to identify participants who would potentially be eligible to obtain services and aid in the application process.
J. Refer participants to supportive service providers and Coordinated Entry System (CES), as needed.
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FY 2023-2024 Public Service CV Agreement
4. Homeless Management Information System (HMIS)
A. Utilize HMIS standardized forms as necessary to ensure accurate and consistent information updated into the database.
B. All HMIS data needs to be entered into the database within 72 hours of obtaining information to ensure accuracy, security, and collaboration.
C. Update HMIS with participant level updates such as but not limited to:
a. Enrollment date;
b. Monthly conference notes;
c. Services provided;
d. Vital document uploads;
e. Participant progress goals;
f. Housing and service plans;
g. Permanent housing retention dates/information; and
h. Program discharge date.
D. Ensure safety measures are being performed for data security which include but is not limited to:
a. Locking working station when walking away;
b. Ensuring computers with participant data is not public facing; and c. Ensure shelter is following Department of Housing and Urban Development (HUD) HMIS privacy guidelines.
E. Comply with HMIS Data Quality Standards released by HUD.
5. Shelter Operations and Management
A. Ensure adequate staff for the shelter or a plan to ensure adequate staff will be in place to securely carry out the responsibilities for each assigned participant and for the day-today operations.
B. Have training and development plans for staff and/or volunteers to carry out daily duties required by this Agreement and funding source.
C. Train staff, participants, and volunteers on the evacuation plan and nine-one-one (911) reporting process.
D. Have posted evacuation plan and exit signs.
E. Ensure all staff and/or volunteers employed with be at least eighteen (18) years of age or older.
F. Ensure all staff and/or volunteers will submit to a background check, as appropriate for the protection of participants.
G. Ensure that all staff and/or volunteers working with youth, aged 18 and younger (if current age policy changes) submit to a comprehensive background review, including fingerprinting and criminal background checks, in accordance with 34 U.S. Code § 20351, if in recipient of federal funding
H. Maintain a non-tolerant anti-harassment, anti-discrimination practice and make genderspecific programing available by working with outside organizations who can come into the shelter and offer such opportunities.
I. Establish, maintain, and make available policies and procedures focusing on shelter operations which can include but not limited to:
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FY 2023-2024 Public Service CV Agreement
a. Enrollment and Intake;
b. Discharge;
c. Emergency Operations;
d. Banned Weapons;
e. Privacy and Confidentiality; and
f. Participants Offered Services.
J. Take all necessary steps to keep the shelter premises safe, well-maintained, and in a state of good repair.
K. Security measures, either alarms or cameras, will be used twenty-four (24) hours a day, seven (7) days a week.
L. Comply with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 by ensuring the shelter can be accessed by individuals with disabilities and following nondiscrimination laws which can include activities such as:
M. Posting a nondiscrimination notice that includes the name and contact telephone number for the Section 504 Coordinator (notice must also be included in informational, advertising, and marketing materials):
a. Reasonable accommodation;
b. Removal of architectural barriers;
c. policies and practices that promote access for persons with disabilities; and d. Grievance policies and procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.
N. The grievance policy shall be posted to notify participants of this policy as required by Section 504 implementing regulations at 24 CFR Part 8.53(a).
6. Data Reporting and Requirements
A. Provide quarterly reports detailing the following information to the City no later than 30 calendar days following the end of the reporting period:
a. Number of participants served (duplicated and unduplicated numbers); b. Participant program exit outcomes;
c. Service referrals made by type;
d. Number of participants housed by type;
e. Per day count of number of participants;
f. Narrative on program operations including staff to participant ratios and g. If number of participants has decreased from prior report, include a narrative on the analysis of reduced services provided.
B. Review HMIS data quality reports to ensure shelter data entered is accurate and without errors.
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FY 2023-2024 Public Service CV Agreement
EXHIBIT B
INVOICE AND REIMBURSEMENT PROCESSESS
The Salvation Army must use the City of Modesto’s Neighborly invoicing system for submitting invoices and all supporting documentation.
1. Invoices and supporting documentation must be submitted for reimbursement at least once per quarter unless prior agreement was made for monthly invoicing. a. For monthly invoicing, a draw request through Neighborly must be submitted no later than 10 days after the end of the reporting period. b. Failure to comply with this requirement may default to a quarterly invoice if decided by City staff
2. Salvation Army can continue to use their own “in-house” invoicing form which will be considered part of the invoice supporting documentation.
3. Invoice supporting documentation must include, at a minimum:
a. Must be neatly organized and bundled by approved budget line-item categories (i.e., salaries, operations).
b. Each bundle must clearly identify which budget line item the documentation applies to by placing an itemized summary sheet/cover page on each bundle listing each invoice with subtotals and/or totals.
4. Timesheets for each staff member charging time to the funding source must be submitted for each pay period. The City of Modesto will only reimburse time/salary for job positions/personnel identified and approved within the application for funding. a. If at any time during the contract period there is a change in program personnel within the approved job position, Salvation Army must notify the City of Modesto of the change and request City approval to fund new personnel. b. Allowable time charged to the grant for each City approved position will be limited to the number of hours allocated to the project as listed in the application.
c. Time sheets must be signed by both staff and their manager. d. Timesheets must reflect the total time worked each day with the amount of grant hours specific to this agreement time being charged to this grant clearly identified. Only specific to this agreement grant hours worked will be paid, based on the hourly rate approved at the time of application. e. Supporting documentation of pay increases during the program year for staff covered by the grant must be submitted (e.g., Human Resources pay rate increase documentation and/or other equivalent documentation that demonstrates a pay rate increase was processed and approved). f. If the employee is hourly pay exempt, salary will be allocated based on the hours #15..
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FY 2023-2024 Public Service CV Agreement
worked. If the total number of hours worked is not listed, then hourly rate will be based on an average 40-hour work week.
g. The cost of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker's compensation insurance (except as indicated in §200.447); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies.
h. Such benefits must be allocated to Federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such Federal awards and other activities and charged as direct or indirect costs in accordance with the non-Federal entity’s accounting practices.
i. The cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar
benefits, are allowable if all the following criteria are met:
j. They are provided under established written leave policies; k. The costs are equitably allocated to all related activities, including Federal awards; and
l. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees.
m. Bonuses are not allowable expenses.
n. Overtime, extra-pay shifts, and multi-shift work may be allowable only with prior approval from the City of Modesto, except as follows:
o. When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature;
p. When employees are performing indirect functions, such as administration, maintenance, or account;
q. In the performance of tests, laboratory procedures, or other similar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed; or
r. When lower overall cost to the federal Government will result. s. If there are more than 6 timesheets, timesheets must be summarized indicating calculation of time to the reimbursement amount requested. t. Proof of payment, such as a payroll register, or copies of paychecks must also be included.
5. Budget line items may be modified by mutual agreement with written authorization by ESG Program Manager or a City of Modesto designee.
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FY 2023-2024 Public Service CV Agreement
6. Reimbursement Eligibility
a. In order for costs to be reimbursable, costs must be reasonable, allowable, documented, and allocable. Only an executed Subrecipient funding agreement authorizes these costs to be reimbursed for costs incurred during the term of the agreement. Any expenditure accrued or costs incurred prior to or after the term of the agreement will be ineligible for reimbursement.
b. City reserves the right to hold or return reimbursement requests and disallow incurred expenses based on compliance with agreement. All financial transactions must be supported by complete and verifiable source documents.
These records must provide a clear audit trail and must be maintained as specified by federal guidelines.
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FY 2023-2024 Public Service CV Agreement
EXHIBIT C
PROGRAM BUDGET
Expense Type 2024 Total Cost Per
FTE
Number
of FTE's
FTE
Total
Requested Budget Total
Admin Staff
Business
Administrator
$ 89,260.00 $
89,260.00
1 1
50% $ 44,630.00
Grants and
Contractor
Coordinator
$ 61,160.00 $
61,160.00
1 1
50% $ 30,580.00
HR Coordinator $ 54,080.00 $
54,080.00
1 1
50% $ 27,040.00
Finance Clerk $ 46,800.00 $
46,800.00
1 1
50% $ 23,400.00
Corps Officer $ - $ -
-
-
0% $ -
Office Manager $ - $ -
-
-
0% $ -
Program Staff $ -
Shelter Director $ 85,000.00 $
85,000.00
1 1
50% $ 42,500.00
Berberian Deputy
Director
$ 69,640.00 $
69,640.00
1 1
100% $ 69,640.00
HMIS Coordinator $ 52,420.00 $
52,420.00
1 1
50% $ 26,210.00
Intake
Coordinator
$ 40,100.00 $
40,100.00
1 1
50% $ 20,050.00
Medical Program
Coordinator
$ - $ -
-
-
0% $ -
VA Case Manager $ - $ -
-
-
0% $ -
Case Workers $ 74,880.00 $
37,440.00
2 -
100% $ -
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FY 2023-2024 Public Service CV Agreement
Janitors $ 96,720.00 $
32,240.00
3 1
100% $ 32,240.00
Shelter Monitors $ 322,400.00 $
32,240.00
10 10
100% $ 322,400.00
Shelter Shift
Leaders
$ 104,820.00 $
34,940.00
3 -
100% $ -
Maintenance
Supervisor (PT)
$ 41,500.00 $
41,500.00
1 1
0% $ -
Maintenance
Worker (PT)
$ 34,940.00 $
34,940.00
1 1
50% $ 17,470.00
Program
Aide/Housekeeper
$ - $ -
-
-
0% $ -
Kitchen Manager
(PT)
$ 48,040.00 $
48,040.00
1 1
0% $ -
Kitchen Assistant
(PT)
$ 37,440.00 $
37,440.00
1 1
0% $ -
Kitchen Aides (PT) $ 161,200.00 $
32,240.00
5 5
0% $ -
Shelter Programs
Driver
$ - $ -
-
-
0% $ -
Front Desk
Attendant
$ - $ -
-
-
0% $ -
Temp Workers $ 10,000.00 $ -
-
-
100% $ 10,000.00
Salary Total $ 1,430,400.00 $ 666,160.00
Fringe Benefits $ 439,384.00 $
12,553.83
35.0 28.0
100% $ 351,507.20
TOTAL
PERSONNEL
$ 1,869,784.00 $ 1,017,667.20
Utilities $ 117,187.00 50% $ 58,593.50
One meal a Day $202,575 100% $ 202,575.00
Building Expense $ 18,750.00 50% $ 9,375.00
Janitorial &
Maintenance
$ 77,812.00 50% $ 38,906.00
Office Expenses /
Supplies
$ 14,062.00 50% $ 7,031.00
Equipment Lease $ - 50% $ -
Equipment
Expense /
Maintenance
$ 32,812.00 50% $ 16,406.00
Travel $ - 50% $ -
Training / Hygiene
Kits
$ 5,625.00 50% $ 2,812.50
Other allowable
costs
$ 23,437.00 50% $ 11,718.50
TOTAL
OPERATING
$ 492,260.00 $ 347,417.50
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FY 2023-2024 Public Service CV Agreement
TOTAL PROGRAM
EXPENSES
$ 2,362,044.00 $ 1,365,084.70
ADMIN FEE BY
TSA/ INDIRECT
Headquarters
(10% of Total
Personnel &
Operating Costs)
$ 236,204.40 $ 136,508.47
TOTAL COSTS
w/ADMIN FEE
$ 2,598,248.40 $ 1,501,593.17
Monthly Cost $ 125,132.76
Monthly City of
Modesto
Contribution
$ 75,000
Total Contribution
(5 month total)
$ 375,000
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American Rescue Plan Act Agreement- The Salvation Army Safe Parking Program – First Amendment
FIRST AMENDMENT
TO
CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD
GRANT AGREEMENT
Reference is made to the City of Modesto Pandemic Recovery Strategy-Modesto Forward Grant Agreement (the “Agreement”) dated April 19, 2023, by and between the CITY Of MODESTO, a California charter city (“City”) and the Salvation Army, a California corporation, hereinafter referred to as (“Subrecipient”). The Parties enter into this First Amendment as of _____________________.
WHEREAS, the parties entered into the Agreement pursuant to which Subrecipient would perform duties and render services as described in the Scope of Work of the Agreement regarding the planning, implementation, or execution of such Emergency Solutions Grants Cares Act Program; and
WHEREAS, the parties have agreed to extended the term for this Agreement in order to serve more households at risk of homelessness; and
WHEREAS, on July 12, 2022, the City Council adopted Resolution No. 2022-329, awarding a notto-exceed grant amount of Two Hundred Thousand Dollars ($200,000) to Recipient for the purposes of piloting a safe parking program; and
WHEREAS, on July 14, 2023, agreement was executed in the with a budget amount of OneHundred and Sixty One Thousand and Seven Hundred and Twenty- ($161,722) to Recipient to operate the safe parking program with a term expiring on September 30, 2024or the full expenditure of the funds; and
WHEREAS, Section 1, entitled, “Term” set forth in the Agreement established the original term dates; and
WHEREAS, Section 2, entitled, “Grant Award” set forth in the Agreement established the original amount; and
NOW THEREFORE, the Parties hereby agree to the following revisions:
1. Section 1, entitled “Term”. The original term of the Agreement as set forth in Section 1 of the Agreement amends the term end date from December 31, 2023 or the full expenditure of funds to a new term end date of September 30, 2024.
2. Section 3, entitled “Grant Award”. The total funding provided to the subrecipient as set forth in Section 3 of the Agreement is amended to increase by One-Hundred and Three Thousand, and Thirty-Three Dollars ($103,033), for a new agreement amount not to exceed Two Hundred Sixty-Four Thousand, Seven Hundred Fifty-Five Dollars ($264,755). #15..
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American Rescue Plan Act Agreement- The Salvation Army Safe Parking Program – First Amendment
3. Exhibit A, section Budget- is revised and replaced in its entirety.
All other terms and conditions of the Agreement shall remain in full force and effect. #15..
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American Rescue Plan Act Agreement- The Salvation Army Safe Parking Program – First Amendment IN WITNESS WHEREOF, the CITY OF MODESTO and SUBRECIPIENT has caused this Agreement to be duly executed.
THE SALVATION ARMY
By ________________________________
Name: _____________________________
Title: ______________________________
By________________________________
Name: _____________________________
Title: ______________________________
(SEAL)
Corporations: signature of two (2) officers or
one (1) officer plus corporate seal required.
Partnership: signature of one partner
required.
Sole Proprietorship: signature of proprietor
required.
Non-Profit: signature of two (2) officials or
one (1) official plus corporate seal required.
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American Rescue Plan Act Agreement- The Salvation Army Safe Parking Program – First Amendment
EXHIBIT A
SCOPE OF WORK
Budget:
Item Cost per month Cost forsix months Added Funding for Five Months Revised Budget Security $ 10,379.00 $ 62,274.00 $ 55,000.00 $ 117,274.00 Camera(s) $ - $ 11,500.00 $ - $ 11,500.00
Lights $ 2,500.00 $ 15,000.00 $ - $ 15,000.00
Porta-Potties $ 476.10 $ 2,857.00 $ 3,541.67 $ 6,398.67 Garbage $ 512.32 $ 3,074.00 $ 3,074.00
Fencing $ - $ 1,600.00 $ 3,541.67 $ 5,141.67
Case Manager $ 6,000.00 $ 36,000.00 $ 27,000.00 $ 63,000.00 Program Administration (parking passes,
background checks) $ 225.00 $ 1,350.00 $ - $ 1,350.00
Program Supplies $ 625.00 $ 625.00
Utilities $ 2,916.67 $ 2,916.67
Contigency (10%) $ - $ 13,365.00 $ 1,041.32 $ 14,406.32 Administration (10%) $ - $ 14,702.00 $ 9,366.67 $ 24,068.67 Total $ 20,092.42 $ 161,722.00 $ 103,033.00 $ 264,755.00 #15..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 7, 2024
Date: April 18, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
Kevin Wise, Interim Fire Chief
Brandon Gillespie, Chief of Police
SUBJECT: Ordinance Amending the Modesto Municipal Code to Increase Administrative Fines for Violations of the Fire Code, including Illegal Firework Violations, and making other changes related to enforcement and administration of the Fire Code
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:
Hearing to consider an Ordinance amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code. (Funding Source:
General Fund)
STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life by improving community safety.
BACKGROUND:
Illegal fireworks pose a danger to life and property and are offensive to public peace. Each year, serious injuries and property damage occur from fires sparked by illegal fireworks. The use of illegal fireworks is also detrimental to sensitive populations such as veterans experiencing Post Traumatic Stress Disorder, children, and animals and their owners. The City of Modesto continues to experience a high number of individuals using illegal fireworks. This results in a strain on emergency response services, resulting in increased calls for service to the Modesto Fire Department and the Modesto Police Department.
In past years, the City has issued administrative fines to penalize and deter the use and possession of illegal fireworks. On March 8, 2005, by Ordinance 3378-C.S., the Council approved an administrative penalty in the amount of $500 for the possession, sale, use, or #16..
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City Council, May 7, 2024
Ordinance Amending the Modesto Municipal Code to Increase Administrative Fines for Violations of the Fire Code, including Illegal Firework Violations, and making other changes related to enforcement and administration of the Fire Code
discharge of dangerous fireworks. On April 24, 2007, by Ordinance 3439-C.S., the Council approved an increase to the administrative penalty for the possession, sale, use, or discharge of dangerous fireworks to $750. On May 5, 2009, by Ordinance 3515-C.S., the Council increased the administrative penalty for the possession, sale, use, or discharge of dangerous fireworks to $1,000. On May 22, 2012, by Ordinance 3565-C.S., the Council amended the Modesto Municipal Code to re-establish the administrative penalty for the possession, sale, use, or discharge of dangerous fireworks at $1,000. Based on the continued use of illegal fireworks throughout the years in the City of Modesto, it is apparent that despite the City’s efforts to advertise the penalties for the use of illegal fireworks, they serve as an insufficient deterrent, and staff recommends amending the Municipal code to increase current penalties to help curb this illegal activity.
DISCUSSION:
The proposed changes amend the existing amendments to the Fire Code located in Title 3, Chapter 1, Articles 2 and 3 of the Modesto Municipal Code. If adopted, the administrative fines for offenses related to the possession, use, or discharge of illegal fireworks will be doubled and increase on an escalating scale for subsequent violations. Fines will increase from a $1,000 fine to an escalating fine of $2,000 for the first violation, $3,000 for the second violation within a 36- month period, and $4,000 for subsequent violations within a 36-month period.
Fines for the manufacture and sale of illegal fireworks will be increased from $1,000 per violation, to $10,000 per violation given the enhanced culpability of these acts.
Fines for all other violations of the Fire Code will be doubled from $250 for the first violation, $500 for a second violation within any 12-month period, and $750 for any subsequent violations within a 12-month period, to $500 for the first violation, $1,000 for a second violation within a 12- month period, and $1,500 for subsequent violations within a 12-month period.
State law allows municipalities to determine what constitutes a public nuisance, and the revision adds a finding that dangerous and illegal fireworks are a public nuisance.
The proposed revisions will also include a new third-party administrative citation provision under Municipal Code section 3-1.304 that allows private adult citizens who witness a violation to sign an affidavit in support of an administrative citation to be issued to a violator. This eliminates the need for an enforcement officer to personally witness an offense. The process is similar to a citizen’s arrest under criminal procedure; however, two witnesses would need to sign an affidavit documenting a violation before a citation can be issued.
A new provision is proposed to be added under Municipal Code section 3-1.305 that allows the City to recover costs associated with responding to illegal fireworks complaints, including salaries, benefits, medical expenses, and damages to City equipment incurred by the City. Any costs awarded to the City would be recoverable as a personal debt.
Staff is also recommending amending the Municipal Code to allow for the sale of legal fireworks by private and charter schools. This is related to the Safe and Sane sales that happen every year.
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City Council, May 7, 2024
Ordinance Amending the Modesto Municipal Code to Increase Administrative Fines for Violations of the Fire Code, including Illegal Firework Violations, and making other changes related to enforcement and administration of the Fire Code
Finally, there will be other minor edits to clean up language throughout the Chapter.
FISCAL IMPACT:
Any administrative fines collected from a violator is distributed into the General Fund. The administrative fines and recovery costs are unknown at this time and will be applied on a caseby-case basis. Increased administrative fines are as follows:
Increased administrative fines (3-1.303):
o Manufacture and sale of dangerous fireworks increased from $1,000 to $10,000. o Possession, use, or discharge increased from $1,000 to an escalating scale of $2,000 for the first violation, $3,000 for the second violation within a 36-month period, and $4,000 for subsequent violations within a 36-month period. o Fines for all other offenses are doubled to $500 for the first violation, $1,000 for a second violation within a 12-month period, and $1,500 for subsequent violations within a 12-month period.
Response Cost fines (3-1.305):
o Proposed amendment would also include adding a response costs recovery section for enforcement and related costs. These costs will vary and will be applied on a case-by-case basis.
COMMITTEE RECOMMENDATION:
This item was presented at the April 15, 2024, Safety and Communities Committee meeting and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion introducing and waiving the first reading of an Ordinance amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code.
Approved by: _____
Jose M. Sanchez, City Attorney
_____
Kevin Wise, Interim Fire Chief
Brandon Gillespie, Chief of Police
_____
Joseph P. Lopez, City Manager
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City Council, May 7, 2024
Ordinance Amending the Modesto Municipal Code to Increase Administrative Fines for Violations of the Fire Code, including Illegal Firework Violations, and making other changes related to enforcement and administration of the Fire Code
Attachments:
1. Ordinance Amending the Fire Code
2. Current Fire Code reflecting proposed changes
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1 ORDINANCE NO. ________
ORDINANCE AMENDING SECTION 3-1.303 OF THE MODESTO MUNICIPAL CODE, TITLED “ADMINISTRATIVE PENALTIES AND REMEDIES,” TO INCREASE
THE ADMINISTRATIVE FINES FOR VIOLATIONS OF THE FIRE CODE, INCLUDING ILLEGAL FIREWORKS VIOLATIONS, ADDING SECTION 3-1.304
RELATED TO THIRD PARTY ADMINISTRATIVE CITATIONS, ADDING SECTION 3-1.305 RELATED TO RESPONSE COSTS AND MAKING OTHER CHANGES
RELATED TO ENFORCEMENT AND ADMINISTRATION OF THE FIRE CODE WHEREAS, illegal fireworks pose a danger to life and property and are offensive to public peace; and
WHEREAS, each year, serious injuries and property damage occur from fires sparked by illegal fireworks; and
WHEREAS, the use of illegal fireworks is also detrimental to sensitive populations such as veterans experiencing Post Traumatic Stress Disorder, children, and animals and their owners; and
WHEREAS, in past years, the City has issued administrative fines to penalize and deter the use and possession of illegal fireworks; and
WHEREAS, the City of Modesto continues to experience a high number of individuals using illegal fireworks; and
WHEREAS, based on the continued use of illegal fireworks throughout the years in the City of Modesto, staff recommends amending the Municipal code to increase current penalties to help curb this illegal activity; and
WHEREAS, staff is also recommending making other amendments related to enforcement and administration of the Fire Code.
NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:
SECTION 1. AMENDMENTS:
1. The City of Modesto Municipal Code Title 3, Chapter 1 is hereby amended by #16..
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2 amending the following sections to read as follows:
Section 3-1.215(c) of the City’s Municipal Code is hereby amended to read as follows:
3-1.215 Possession, Manufacture, Sale, Use or Discharge of Dangerous Fireworks. (c) The Fire Code Official, or designee, shall seize, take, remove or cause to be removed, at the expense of the owner, all dangerous fireworks offered or exposed for sale, stored, or possessed in violation of this chapter.
Section 3-1.218(2)(A) of the City’s Municipal Code is hereby amended to read as follows:
3-1.218 Sales of Fireworks.
(2) Sales permits for the sale of "Safe and Sane" fireworks in the City of Modesto shall be issued only to local nonprofit organizations and existing local for-profit organizations as defined herein.
(A) A "nonprofit organization" shall mean any nonprofit association, club, or corporation organized for veteran, patriotic, welfare, religious, civic betterment, youth or charitable purposes, as defined by Section 501(c) of the Internal Revenue Code of the United States, or affiliated with a public, private, or charter school located within the city limits of Modesto. Each new organization shall provide the City with a copy of their "Letters of Incorporation" as proof of their nonprofit status. Existing organizations shall submit verification of current corporation status from the State of California Secretary of State's Office. Those organizations that are an integral part of a recognized national organization having tax exempt status must provide IRS written verification of such status. All applications will be subject to additional verification with the State of California and IRS if nonprofit status comes into question.
Section 3-1.218(3) of the City’s Municipal Code is hereby amended to read as follows:
3-1.218 Sales of Fireworks.
(3) Sales permits for retail sales of California State Fire Marshall approved "Safe and Sane" fireworks in the City of Modesto issued pursuant to provision of this Code are not transferable by the holder of the permit. The sales permits may be used only by the organization to which they are issued. Violations will result in the immediate loss of the organization's sales permit.
Section 3-1.219(1)(A) and (1)(B) of the City’s Municipal Code is hereby amended to read as follows:
3-1.219 Sales, Storage, Use, and Handling of Fireworks.
Section 5608 of the 2022 California Fire Code is hereby adopted by reference, in addition to the following:
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3 General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.
1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks within the City of Modesto, by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official.
Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July
6. The storage of fireworks within the City of Modesto is limited to State of California Fire Marshal-approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers.
(A) Wholesale Storage. Wholesalers may store California State Fire Marshall approved "Safe and Sane" fireworks within the City of Modesto solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2022 California Building Code. (B) Retailers Storage. Retailers may store California State Fire Marshall approved "Safe and Sane" fireworks within the City of Modesto solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fireworks stand with a responsible adult on the premises at all times.
(2) In a completely enclosed and locked utility type trailer constructed of onefourth (1/4) inch plywood or other approved noncombustible material. (3) In a completely detached garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no openflame or spark producing equipment, or Class 1 flammable liquids stored or used within the garage.
(4) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons. (5) In an approved and permitted fireworks warehouse.
Section 3-1.219(3)(1) of the City’s Municipal Code is hereby amended to read as follows:
3-1.219 Sales, Storage, Use, and Handling of Fireworks.
3. Temporary Fireworks Stands.
(1) All retail sales of California State Fire Marshall approved "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
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4 Section 3-1.303 of the City’s Municipal Code is retitled and the introduction and Sections 3-
1.303(a) and (b) of the City’s Municipal Code are hereby amended to read as follows:
3-1.303 Administrative Penalties, Remedies, and Social Host Liability.
Illegal fireworks pose a danger to life and property and are offensive to the public peace and morals of the community. The City Council hereby declares the possession, manufacture, sale, use or discharge of dangerous and illegal fireworks to be a public nuisance. Such nuisance may be abated in the manner set forth in the Modesto Municipal Code and provided by law for the abatement of public nuisances.
In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 1-6.207 of the Modesto Municipal Code, or any responsible party as defined herein for violating any of the requirements set forth in this chapter. Any administrative penalties assessed shall be as follows:
(a) For violations of Section 3-1.215 manufacture and sale, of dangerous fireworks, the administrative penalty shall be ten thousand dollars ($10,000) for each specific act found to be in violation of that section. For violations of Section 3-1.215, possession, use, or discharge of dangerous fireworks, the administrative penalty shall be two thousand dollars ($2,000) for the first violation, three thousand dollars ($3,000) for a second violation within any thirty-six (36) month period, and four thousand dollars ($4,000) for any subsequent violations within any thirty-six (36) month period. (b) For all violations of this chapter, other than Section 3-1.215 possession, manufacture, sale, use or discharge of dangerous fireworks, the amount of the administrative penalty shall be five hundred dollars ($500) for the first violation, one thousand ($1,000) for a second violation within any twelve (12) month period, and one thousand five hundred ($1,500) for any subsequent violations within any twelve (12) month period.
SECTION 2. ADDITIONS:
2. The City of Modesto Municipal Code Title 3, Chapter 1, Article 3 is hereby amended by adding Sections 3-1.304, “Third-Party Administrative Citations,” and 3-1.305, “Response Cost” to read as follows:
3-1.304 - Third-Party Administrative Citations.
(a) Whenever two or more private, adult persons observe a violation of section 3-1.215 of the Modesto Municipal Code pertaining to possession, manufacture, sale, use or discharge of dangerous fireworks, they may request that an administrative citation be issued to a responsible party by an enforcement officer. The private persons will be required to sign an affidavit under penalty of perjury verifying that they personally observed a violation #16..
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5 of section 3-1.215, and may be required to testify at an administrative hearing as provided in the Modesto Municipal Code if the administrative citation is appealed. Failure of the private persons to testify at an administrative hearing if required by the department prosecuting the violation on behalf of the private persons may result in a dismissal of the administrative citation. The enforcement officer shall have the discretionary authority to issue an administrative citation to a responsible party where, on the basis of an affidavit and any other available evidence, a violation of section 3-1.215 of the Modesto Municipal Code has occurred.
(b) Each third-party administrative citation shall contain:
1. The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The section of this Code violated and a description of the violation;
4. The amount of the fine for the Code violation;
5. A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;
6. An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;
7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
8. The name, signature and department issuing the citation on behalf of the private persons.
(c) Each third-party administrative citation shall be accompanied by an affidavit from the private persons setting forth a description of the violation as observed by the private persons signed under penalty of perjury.
3-1.305 - Response Cost.
(a) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this article, the City shall be entitled to recover from any person found to be in violation of any provision of this article, the City's full response costs. (b) For purposes of this article, the term "response costs" shall mean those reasonable and necessary costs directly incurred by the City for a response to a complaint of discharging illegal fireworks prohibited under this article and shall include the cost of providing police, code enforcement, fire, and/or other emergency response services at the scene to include, but not limited to:
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6 1. Salaries and benefits of code and/or law enforcement and/or fire and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such illegal fireworks, and the administrative costs attributable to such responses;
2. The cost of any medical treatment to or for any code and/or law enforcement and/or fire and/or emergency personnel injured while responding to, remaining at, or leaving the scene; and
3. The cost of repaying for any City equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at or leaving the scene.
(c) The expense of a response cost shall be a charge against the responsible party liable for expenses under this article. The charge constitutes a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this article shall not be insurable and no insurance policy shall provide or pay for the expenses.
SECTION 3. SEVERABILITY.
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the #16..
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7 environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 6. PUBLICATION.
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May, 2024, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
Absent: Councilmembers:
APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:
BY: __________________________________
DIANE NAYARES-PEREZ City Clerk
(SEAL)
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8 APPROVED AS TO FORM:
BY: __________________________________
JOSE M. SANCHEZ, City Attorney
FINAL ADOPTION CLAUSE
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9 The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____day of May , 2024, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DIANE NAYARES-PEREZ City Clerk
Effective Date: _________________, 2024
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TITLE 3 - PUBLIC SAFETY
Chapter 1. - ADOPTION OF THE CALIFORNIA FIRE CODE, 2022 EDITION Article 1. Fire Code