Economic Development Committee
June 3, 2024

On May 25, 2021, the City Council approved Resolution No. 2021-194 approving the Pandemic Recovery Strategy, Modesto Forward, and the associated spending plan for the American Rescue Plan funds; and authorizing the City Manager to carry out the necessary steps to implement the strategy and spending plan. The Modesto Forward plan allocated $500,000 in funding to support the “implementation of a workforce development program.” Pandemic Exacerbates Health Worker Shortage
Modesto, a vibrant city in California’s Central Valley, and 9th largest City in California faces significant challenges related to healthcare workforce shortages. As the population grows and ages, the demand for healthcare services continues to rise. However, the availability of skilled healthcare professionals, especially in critical areas, remains insufficient. The COVID-19 pandemic exacerbated this trend with specialized care.

1. Nursing Workforce Gaps: The shortage of registered nurses (RNs) and licensed vocational nurses (LVNs) poses a significant challenge. Hospitals, clinics, and long-term care facilities face difficulties in maintaining safe nurse-to-patient ratios. The aging nursing workforce exacerbates this issue, as retirements outpace new hires.

2. Allied Health Professionals: Modesto lacks a sufficient number of allied health professionals, including medical technologists, radiologic technologists, respiratory therapists, and occupational therapists. These professionals play critical roles in diagnostics, treatment, and rehabilitation, but their scarcity hampers healthcare delivery.

3. Behavioral Health Crisis: An urgent concern is the shortage of behavioral health workers. Mental health counselors, social workers, and psychologists are essential for addressing the rising mental health needs of Modesto’s population. The lack of available services contributes to increased stress, substance abuse, and untreated mental illnesses.

Behavioral Health Worker Shortage
According to recent data, Modesto faces a severe shortage of behavioral health professionals.

The ratio of behavioral health workers to the population is alarmingly low, resulting in inadequate access to mental health services. The demand for counseling, therapy, and crisis intervention far exceeds the available workforce.

According to the California Mental Health Prevalence Estimates cited in the Mental Health Services Act (MHSA) Annual Update for Fiscal Years 2024-20251 approximately 5.74% of the population of Stanislaus County meet the criteria for serious mental illness and needs mental health services. The same study estimated that 14.48% of the population needs some type of mental health services but does not necessarily rise to the level to qualify for County Mental Health services.

The shortage of behavioral health workers affects not only individuals but also the overall wellbeing of the community. Untreated mental health conditions lead to increased emergency room visits, homelessness, and strain on law enforcement resources.

Stanislaus County Behavioral Health & Recovery Services (BHRS) contracts with the California Department of Health Care Services (DHCS) to provide specialty mental health and substance 1 Stanislaus County Behavioral Health and Recovery Services. (2024). MHSA Annual Update for Fiscal Years 2024-2025. Retrieved from Stanislaus County MHSA www.stanislausmhsa.com. #6..
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Economic Development Committee, June 3, 2024
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use disorder (SUD) services to Stanislaus County Medi-Cal beneficiaries and uninsured residents. Their services include an array of specialty mental health outpatient services for both children and adults, as well as an array of substance use disorder outpatient and residential treatment programs. BHRS also provides crisis services, including 24/7 mobile crisis, as well as supportive services, including employment and housing services for BHRS clients.

Recruiting and sustaining their workforce has been an ongoing challenge while the number of folks seeking services has significantly increased coming out of the pandemic. They provided clinical services/treatment to over 9,987 unique clients from January 1, 2023, to December 31, 2023. BHRS is over the capacity by about 457 clients. They currently have over 100 vacancies.

The County of Stanislaus has taken preliminary steps to address the behavioral health workforce gaps. Behavioral Health and Recovery Services (BHRS) is collaborating on a study to understand these gaps better. BHRS provides a range of services, including integrated mental health services for adults, older adults, children, and youth with serious mental illnesses or emotional disturbances. They also offer outpatient and residential alcohol and drug treatment and prevention services.

Additionally, the Mental Health Services Act (MHSA) Annual Update for Fiscal Years 2024-20252 mentions strategic initiatives and workforce development plans that include funding for mental health career pathway programs, training, technical assistance, and workforce staffing support.

This reflects a concerted effort from multiple layers of government to strengthen the behavioral health workforce in Stanislaus County.

DISCUSSION:

HealthForce Partners North San Joaquin Valley proposes to deliver a targeted workforce pipeline for behavioral health clinicians, titled the “Behavioral Health Workforce Partnership”. Modesto is seeking to join Stanislaus Community Foundation as one of many funding partners, with a $500,000 contribution from ARPA. The goal is to close the workforce shortage gap by graduating and placing 20 behavioral health clinicians a year.

HealthForce Partners is already in the community working to establish programming in Stanislaus County. Their partners include Modesto Junior College, Kaiser Permanente, Sutter Health Central Valley, Doctors Medical Center, and Behavioral Health and Recovery Services. HealthForce Partners’ Behavioral Health Workforce Partnership seeks a unique and multi-layered approach to encourage and incentivize high road job education through providing paid internships, licensure supervision, loan forgiveness, tuition assistance, and peer support stipends.

For Stanislaus County, this program replicates the partnership HealthForce Partners launched in Spring of 2023 in adjacent San Joaquin County. HealthForce Partners is already seeking additional funding from other sources for the expansion of the current San Joaquin Behavioral Health Workforce Partnership with an eye toward enhancing and sustaining its impact, as well as the introduction of a similar program in Stanislaus County. 2 Stanislaus County Behavioral Health and Recovery Services. (2024). MHSA Annual Update for Fiscal Years 2024-2025. Retrieved from Stanislaus County MHSA www.stanislausmhsa.com. #6..
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Economic Development Committee, June 3, 2024
Agreement with HealthForce Partners
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The existing blueprint for Behavioral Health Workforce Partnership in San Joaquin allows HealthForce Partners to begin working right away with Stanislaus County partners to meet regional healthcare workforce goals while building its capacity to delineate healthcare career pathways. Since the goal is to remove these higher-skilled career building barriers, HealthForce Partners is beginning at the ground level with educators, healthcare providers, and its own residents. An example of this is immediately providing scholarships to current healthcare employees for advanced degrees leading to clinical licensure. The goal is to increase the number of current residents who are able to pursue what can be very expensive degrees. This pilot allows the region to get a jump start on workforce development solutions with these ready-to-implement programs.

Behavioral Health Workforce Partnership Summary
• Student Incentives: 40 x $5,000 Master’s Degree Scholarships • Clinical Experience: 27 x $35,000 Paid Internship Stipends • HealthForce Partners Program Support to connect Employers and Education HealthForce Partners has confirmed that funding from the City of Modesto will be sufficient to pursue developing the pipeline with the stated goals and deliverables. And, that they have the existing capacity to operate and implement the program. HealthForce Partners will also pursue grants to continue to scale their operations.

Our workforce system is infrastructure. It’s the roads that connect people to the good jobs they want and need. A key finding from the Stanislaus 2030 Investment Blueprint is, based on the composition of families in the County, jobs with an hourly wage of $28.58 would offer enough opportunity for those workers to achieve self-sufficiency and economic mobility. The implementation of the HealthForce Partners proposal would offer families enough opportunity for workers to achieve economic mobility—these are referred to as “High Road Jobs.” HealthForce Partners intends to pursue the High Road Training grants provided by the California Workforce Development Board, in partnership with Stanislaus County.

The California Workforce Development Board’s High Road Training Partnerships are industrybased, worker-focused training partnerships that build skills for California’s high road employers – firms that compete based on quality of product and public entities that strive to provide a high level of service through innovation and investment in human capital, thus generating familysupporting jobs where workers have agency and voice.Filling the open positions for mental health workers at Behavioral Health and Recovery Services (BHRS) in Stanislaus County is crucial for the effectiveness of the Mobile Crisis Emergency Response Team (MCERT) with the Modesto Police Department. A complete team at BHRS ensures immediate availability of mental health professionals to accompany police officers, leading to better crisis management and care for individuals in need.

Additionally, a fully staffed BHRS can dedicate more resources to training its personnel, enhancing their readiness to collaborate with law enforcement during mental health emergencies.

Moreover, BHRS’s community outreach initiatives, which aim to connect people with supportive services, are bolstered by a robust workforce. This proactive approach helps prevent crises and supports the MCERT program’s goals. In essence, a well-resourced BHRS is vital for the MCERT #6..
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Economic Development Committee, June 3, 2024
Agreement with HealthForce Partners
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program’s success, as it guarantees the presence of skilled mental health staff to partner with the police in addressing community mental health challenges.

FISCAL IMPACT:

The project is currently budgeted in the Modesto Forward ARPA grant allocation for Workforce Services, Project Number 101546 which was $500,000 as of January 05, 2024. The proposed Grant Agreement will not exceed $500,000.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Modesto Forward Grant Agreement with HealthForce Partners for a Workforce Development Program, for a total amount not to exceed $500,000 and forwarding to Council for approval.

Approved by:

Jessica Hill, Director Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. Healthforce Partners Budget

2. Healthforce Partners Proposal

3. Draft Agreement
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Program Expense Description Year 1 # Year 1 $ Year 1 Total Year 2 # Year 2 $ Year 2 Total Year 3 # Year 3 $ Year 3 Total Total Master's Level Student Incentives
Master's Degree Scholarships - Stanislaus State/University of the Pacific up to $5,000 a year - $ 5,000 $ - 20 $ 5,000 $ 100,000 20 $ 5,000 $ 100,000 $ 200,000 Clinical Experience
Supervision Stipends to CBOs (contract) $5,000 per paid internship 7 $ 35,000 $ 35,000 10 $ 50,000 $ 50,000 10 $ 50,000 $ 50,000 $ 135,000 Total $ 35,000 $ 150,000 $ 150,000 $ 335,000
Non-Clinical Personnel Expense Description Year 1 # Year 1 $ Year 1 Total Year 2 # Year 2 $ Year 2 Total Year 3 # Year 3 $ Year 3 Total Total HealthForce Partners Program Administrator (.2 FTE) $18,000 + 30% benefits (3% COLA) 1 $ 23,400 $ 23,400 1 $ 24,102 $ 24,102 1 $ 24,825 $ 24,825 $ 72,327 Contracted Program Marketing/Communications Support Hourly rate for MarCom support 1 $ 10,000 $ 10,000 1 $ 10,000 $ 10,000 1 $ 5,000 $ 5,000 $ 25,000 Total $ 33,400 $ 34,102 $ 29,825 $ 97,327
Total Programmatic Budget $ 432,327
Admin for Fiscal Sponsor & Lead Agency
Program Expense Description Year 1 Total Year 2 Total Year 3 Total Total Fiscal Sponsor 5% Admin Fee 5% of Program Budget $ 3,420 $ 9,205 $ 8,991 $ 21,616 Lead Agency 10% Admin Fee 10% of Program Budget $ 6,840 $ 18,410 $ 17,983 $ 43,233 Admin Fees Total $ 10,260 $ 27,615 $ 26,974 $ 64,849
Total Grant Request $ 497,176
Northern San Joaquin Valley Behavioral Health Workforce Partnership Economic Development Pilot Budget HealthForce Partners Northern San Joaquin Valley
Stanislaus County BHWP Program Startup Budget
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PROPOSAL
City of Modesto
Behavioral Health Workforce Partnership (BHWP)
In HealthForce Partners’ Behavioral Health Workforce Partnership, the organization seeks a unique and multi-layered approach to encourage and incentivize high road job education through providing paid internships, licensure supervision, loan forgiveness, tuition assistance, and peer support stipends. For Stanislaus County, this program replicates the partnership HealthForce Partners launched in Spring of 2023 in adjacent San Joaquin County. HealthForce Partners is already seeking additional funding from other sources for the expansion of the current San Joaquin Behavioral Health Workforce Partnership with an eye toward enhancing and sustaining its impact, as well as the introduction of a similar program in Stanislaus County.

The existing BHWP allows HealthForce Partners to begin working right away with county partners to meet regional healthcare workforce goals while building its capacity to delineate healthcare career pathways. Since the goal is to remove these higher-skilled career building barriers, HealthForce Partners is beginning at the ground level with educators, healthcare providers, and its own residents. An example of this is immediately providing scholarships to current healthcare employees for advanced degrees leading to clinical licensure. The goal is to increase the number of current residents who are able to pursue what can be very expensive degrees. This pilot allows the region to get a jump start on workforce development solutions with these ready-to-implement programs.

Below is the pilot program outline for Stanislaus County, including both programmatic and administrative components.

Proposed Stanislaus County Behavioral Health Workforce Partnership Project Scholarships – HealthForce Partners will identify and award scholarships to current healthcare employees in the City of Modesto for advanced degrees leading to clinical licensure. These individuals will be Stanislaus County residents pursuing master’s degrees at either University of the Pacific or Stanislaus State University in behavioral health fields (social work, clinical counseling, marriage & family therapy). This enables and incentivizes local residents to pursue advanced degrees and licensure while continuing to live and work locally, ultimately aiding in the growth of the local behavioral health workforce.
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Clinical Licensing: At maturity, our Stanislaus County BHWP will oversee supervision requirements for students enrolled in the program including hiring and managing a licensed supervisor, provide stipends to CBOs providing paid internship supervision, and a one-time licensure fee reimbursement. In this pilot program phase, we seek to contract with local CBOs to provide supervision stipends for their clinical supervisors, adding capacity to these agencies’ ability to supervise additional clinical practicum students.

Supervision Stipends to CBOs – Northern San Joaquin Valley (BHWP) will issue funds in the form of $5,000 stipends per supervised paid internship, from $120,000 to $200,000 annually per approved agency in the form of a stipend to support licensed supervision by local communitybased organizations who are Medi-Cal certified and contracted with County Behavioral Health Services to provide outpatient behavioral health services.

Overall Behavioral Health Workforce Partnership Internal Programs HealthForce Partners Program Administrator – As HealthForce Partners expands this pilot into Stanislaus County, it will be eventually hire an administrator to handle all inquiries into programs, provide information for partners, organize disbursements, and gather and maintain program data for funding requirements. In the pilot phase, that work will be conducted by existing staff until such time as adequate funding is identified to expand the program and staffing supports.

Attached is a proposed budget for the pilot phase of this program. #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development

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 __________ 2024 (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Stanislaus County Workforce Development (SCWD), a subdivision of a California municipal corporation (“Recipient”). The City and Recipient shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, the City of Modesto 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 May 25, 2021, by Resolution No. 2021-194, the Council of the City of Modesto 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 for economic recovery initiatives, Economic Vitality, of which includes Job and Career Training; and WHEREAS, on March 12, 2024, the City Council adopted Resolution No. 2024- ___, awarding a grant of Five Hundred Thousand Dollars ($500,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.

NOW THEREFORE, the City and Recipient agree as follows:

1. Term
The term of this Agreement (the “Term”) shall commence upon the effective date.

Scope of Work (Exhibit A) deliverables must be completed by December 31, #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development 2026; the Agreement shall terminate upon fulfillment of Federal reporting requirements (Exhibit B), no later than January 15, 2027.

2. Grant Award
A. The City shall provide Recipient with a grant of Five Hundred Thousand Dollars ($500,000) (the “Grant”) for the purposes and activities further specified in Exhibit A, attached hereto and incorporated by referenced (the “Activities”). Disbursement of the Grant is dependent upon Recipient providing all records and documentation reasonably required by the City.

B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A, and shall be held responsible to the requirements outlined in Exhibit A. Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.

C. 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.

D. Recipient shall expend the entirety of the Grant by no later than December 31, 2026. Any portion of the Grant that has not been expended by December 31, 2026 shall be returned to the City no later than January 10, 2027.

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 D, and incorporated herein by reference, or on such other form as required by the City.
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Funding Contribution Agreement – Stanislaus County Workforce Development

5. Annual Reporting Requirements
Recipient shall submit an annual report, in accordance with the requirements set forth in Exhibit C, 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, but not limited to:

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.

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;
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Funding Contribution Agreement – Stanislaus County Workforce Development 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 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 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 DavisBacon 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 B, 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, #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development 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 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 #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development 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 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.
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Funding Contribution Agreement – Stanislaus County Workforce Development

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:

To City:

City of Modesto
Attn: Jessica Hill, Director of Community and Economic Development 1010 10th Street
Modesto, CA 95354
To Recipient:

Stanislaus County Workforce Development
Attn: Doris Foster, Director
251 E. Hackett Rd. C-2
Modesto, CA 95358
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Funding Contribution Agreement – Stanislaus County Workforce Development

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 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.
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Funding Contribution Agreement – Stanislaus County Workforce Development 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.

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, co-venturers, 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
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Funding Contribution Agreement – Stanislaus County Workforce Development

18.ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City and Recipient 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.

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 #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development 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 Agreement as of the effective date set forth above.
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Funding Contribution Agreement – Stanislaus County Workforce Development EXHIBIT A – SCOPE OF WORK
The Stanislaus County Workforce Development (Recipient) will provide workforce development services to the City of Modesto to create and preserve jobs, strengthen Modesto’s economic base, and enhance the City’s revenue base through deployment of a local hiring pipeline, such as California’s High Road Training Partnership, and annual job fairs at the Modesto Centre Plaza.

All Scope of Work deliverables must be completed by, and all expenses for performance of the Scope of Work must be incurred before December 31, 2026.

Stanislaus County Workforce Development (Recipient) services to be provided:
 Serve as proactive lead for a grant application to the California Workforce Development Board’s High Road Training Partnership, or similar program that can use local matching funds
o Contingency: Should the Recipient not be awarded the High Road Training Partnership grant from the State of California, then the Recipient must collaborate with Stanislaus 2030 to create another similar workforce training program with outcomes including community and economic benefit unique to the needs of the City of Modesto. The Recipient must receive City permission to proceed with contingency plans.  Facilitate a local job fair in partnership with the Employment Development Department, Workforce Services Branch in Modesto, tailored for use by the City of Modesto and Modesto employers. Features including but not limited to:
o Bi-lingual marketing and communications
o Planned for Spring of each funding year, 2024, 2025, and 2026. o Groups to be served:
 Modesto-based small businesses
 Underserved businesses
 BIPOC owned businesses
o Number of Participants to be served: 100 Business per year o Service Location: the Modesto Centre Plaza in the 1000 L Street, Modesto CA 95354, or other City-owned location approved by the City  Reports submitted to Modesto in concurrence with Section 4 and 5 of this agreement, and Exhibit C and Exhibit D for Reporting on State and Local Fiscal Recovery Funds (SLFRF)
City of Modesto

1. The City will keep the Recipient informed of City policy and regulatory changes affecting economic development.

2. The City will attend quarterly meetings with Recipient staff to discuss, share and coordinate activities.

3. The City will advance all funds upon execution of the agreement in good faith to facilitate rapid mobilization of resources.
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Funding Contribution Agreement – Stanislaus County Workforce Development

EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

1. Use of Funds.
a. 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. b. 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 December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2026.

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
a. 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. b. 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.
c. 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.

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 #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development 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. 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. #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development 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.

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.”
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14. Debts Owed the Federal Government.
a. 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. b. 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.
a. 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. b. 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 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;
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Funding Contribution Agreement – Stanislaus County Workforce Development 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.

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 #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development 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:

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. #6..
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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.

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. #6..
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Funding Contribution Agreement – Stanislaus County Workforce Development

EXHIBIT C

ANNUAL REPORTING REQUIREMENTS
Contractor shall use Exhibit C 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 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.

Uses of Funds
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Funding Contribution Agreement – Stanislaus County Workforce Development

GENERAL OVERVIEW
Uses of Funds
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Funding Contribution Agreement – Stanislaus County Workforce Development

EXHIBIT D

QUARTERLY PROJECT AND EXPENDITURE REPORT REQUIREMENTS
Contractor shall use Exhibit D 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:

Stanislaus County Workforce Development
(SCWD)
Project Name:

Modesto Forward Workforce Development
Reporting Period Start Date: Reporting Period End Date:

Expenditure Category:

3.4 Public Sector Capacity: Effective Service Delivery
Please provide a brief description of the activities conducted:

Enhanced Workforce Development Services
Category Cumulative
Expenditures
to date ($)
Cumulative
Obligations
to date ($)
Current Period
Expenditures
Current Period
Obligations
3 General Provisions

3.4 Public Sector Capacity:

Effective Service Delivery

PROJECT

EXPENDITURES
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Funding Contribution Agreement – Stanislaus County Workforce Development [PLEASE SELECT ONE]
5073279.1

PROJECT STATUS
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