To address significant growth that occurred in the 1960s and ‘70s, slow-growth advocates initiated a process to hold city-wide elections to gauge public interest regarding substantial new annexation and development projects. This process featured ballot initiatives to require that subsequent major annexation and development projects be subject to an advisory vote prior to entitlement processing and related future extension of infrastructure.
On March 6, 1979, the voters of Modesto approved the Modesto Citizens Advisory Growth Management Act (Measure A). On November 4, 1997, voters approved the Modesto Citizens Advisory Growth Management Act of 1995 (Measure M). Measures A and M constitute an advisory vote process whereby the voters of Modesto are provided an opportunity to document their collective preference regarding the extension of certain sanitary sewer infrastructure to serve significant new residential development. The election results are not binding.
The following CPDs have received negative advisory votes, and no subsequent vote has occurred:
Comprehensive Planning
District
Negative Advisory Year
Kiernan Business Park 1997
Kiernan/McHenry 1997
Kieran/Carver Corridor 2009
College West 2009
Hetch-Hetchy CPD Regional
Commercial
2009
Hetch-Hetchy CPD Village
Residential
2009
DISCUSSION:
There is past precedent for CPDs that received a negative advisory vote to move forward in the development process without a subsequent vote1. Developer groups have inquired with the Community and Economic Development Department indicating interest in proceeding with the development process in the six (6) CPDs previously indicated. Such a process would be consistent with the City’s General Plan, and the resulting development would provide a substantial amount of new housing stock to help reduce the impact of the local and regional housing crisis.
On December 5, 2023, by Resolution No. 2023-532, Council approved an amendment to the Modesto Urban Area General Plan to replace the 2015-2023 Housing Element with the 2023- 2031 Housing Element2. The Housing Element of a City’s General Plan establishes policy opportunities and goals to meet the jurisdiction’s Regional Housing Needs Allocation (RHNA).
Modesto has been assigned the following RHNA:
1 The Pelandale / Snyder, Carver-Bangs, Coffee / Claratina, North Beyer, Kiernan Business Park, and Fairview CPDs proceeded to development following a negative vote in 1997. The Tivoli North CPD also proceeded to development following a negative vote in 2009.
2 Housing Element landing webpage- https://www.modestogov.com/2099/Housing-Element #3..
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Economic Development Committee, November 4, 2024
Entitlement Application Approval
Income Group % of County Area
Median Income
(AMI)
Units % of Units
Extremely Low 0-30% 1,403 12.4%
Very Low 30-50% 1,404 12.5%
Low 50-80% 1,943 17.3%
Moderate 80-120% 1,981 17.6%
Above Moderate >120% 4,517 40.2%
Total 11,248 100%
Moving forward with the development process for the identified CPDs will provide land needed to achieve the goals set forth in the Housing Element, as well as to provide a variety of commercial and economic development benefits for the community.
According to the City’s current general plan3:
Kiernan Business Park CPD would result in approximately 7,800 new jobs through commercial development across 300 acres of land.
The Kiernan/McHenry CPD stands at over 470 acres and is estimated to support commercial development resulting in approximately 12,020 new jobs. Kiernan/Carver CPD accounts for 850 acres of land currently projected to support residential, commercial, and mixed-use development. This CPD could result in approximately 3,360 dwelling units and 9,800 jobs.
230 acres in the College West CPD is projected to supply commercial development creating 5,980 jobs.
The Hetch-Hetchy CPD Regional Commercial CPD would support commercial development across its 170 acres that would create 4,080 jobs The Hetch-Hetchy Village Residential CPD is estimated to be capable of supporting 5,030 dwelling units and 550 jobs through its 790 acres.
This item is to gain Council input on accepting future applications for development of the six (6) CPDs including the City’s interest related to the Measure A/M advisory vote process. Following approval of a specific plan and certification of the associated environmental impact report by the Planning Commission and City Council, an application for annexation to the City would be filed with the Stanislaus Local Agency Formation Commission (LAFCO).
Should an entitlement application for the CPDs be accepted for processing, staff would work with the applicant team to prepare the specific plan documentation. At the applicants’ expense, staff would hire a qualified environmental consulting firm to prepare the environmental impact report (EIR). Following Council certification of the EIR and approval of the specific plan, staff would assist the applicant team with the annexation process through LAFCO.
FISCAL IMPACT:
There would be no fiscal impact to the City because of entitlement application processing for the CPDs. All fees and costs would be borne by the applicant team. The City’s cost to prepare a 3 See chapter three (3) of the City of Modesto General Plan for detail regarding the CPDshttps://www.modestogov.com/2069/General-Plan #3..
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Economic Development Committee, November 4, 2024
Entitlement Application Approval
ballot measure for the advisory vote, should Council determine that step to be necessary, could range from approximately $40,000 to $60,000 or more which can change per election.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending acceptance of applications for the future development of comprehensive planning districts referred to as Kiernan Business Park, Kiernan/McHenry, Kieran/Carver Corridor, College West, Hetch-Hetch Comprehensive Planning District Regional Commercial, and Hetch-Hetchy Comprehensive Planning District Village Residential and forwarding to Council for approval.
Approved by:
Jessica Hill,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Advisory Vote History Map
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DRY CREEK
TUOLUMNE RIVER
City of Modesto Public Advisory Elections
6 8
7 23
16 17
18 19
20 26 22
14 9
10 11
12 21
3 5
1 4
13 15
25 24
2 32
27 28
29 31 30 ¯ Expansion Measures Map 12-15.mxd
For Exhibit Purposes Only
For specific area information, please
contact the City of Modesto Planning
Division, at 209-577-5267.
December 2, 2015
Modesto Incorporated Area
Modesto Sphere of Influence
Roads
Proposed Sewer Trunkline
Existing Sewer Trunkline
Existing Sewer Mainline
1 Miles
3: Sonoma Sewer Extesnion (To Roselle Neighborhood)
4: Lakewood Sewer Extension (To Merle Neighborhood)
2: Yosemite Sewer Extension
1: Lakewood Sewer Extension
Rejected Measure B: Nov. 1981
Approved Measure: Nov. 1984
Rejected Measure B: Nov. 1986
Rejected Measure: Nov. 1984
Approved Measure F: Nov. 1990
Rejected Measure P: Nov. 1997
Rejected Measure Q: Nov. 1997
Approved Measure: Nov. 1998
Approved Measure: Nov. 1999
Approved Measure O: Nov. 2001
Approved Measure N: Nov. 2001
Approved Measure N: Nov. 2003
Approved Measure M: Nov. 2003
Approved Measure L: Nov. 2003
Approved Measure D: Nov. 2004
Rejected Measures: Nov. 2009
Approved Measure L: Nov. 2010
19: Westside Infill Area
18: Carpenter/Shaddox Infill Area
5: Village One
20: Southwest Infill Area
32: Parklawn Neighborhood Infill Area
26: Robertson Road Infill Area
Approved Measure N: Nov. 2011
33: Rouse-Colorado Neighborhood Infill Area
33 31: Hetch-Hetchy CPD Village Residential (Meas. E)
30: Roselle-Claribel NW Quadrant (Meas. D)
29: Hetch-Hetchy CPD Regional Commercial (Meas. C)
28: College West (Meas. B)
27: Kiernan/Carver Corridor (Meas. A)
22: Shackelford Nieghborhood Infill Area
15: Bent Creek Estates
21: Roselle-Claribel SW (Tivoli SP)
24: Empire North Unit Two
25: Johansen CPD
16: Pelandale/McHenry
17: Rosemore/Cox Infill Area
23: Kiernan/Carver (Woodglen)
6: Kiernan Business Park
7: Pelandale/Snyder
8: Carver-Bangs
9: Kiernan/McHenry
10: Coffee/Claratina
11: North Beyer
12: Roselle-Claribel SW
13: The Bluffs
14: Fairview
34 Approved Measure M: Nov. 2013
34: Airport Neighborhood
Approved Measure H: Nov. 2015
35: County Islands
35 35
35 35
35 35
35 #3..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
October 7, 2024
Date: September 12, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Agreement with Modesto Improvement Partnership for Downtown Beautification CONTACT: Trevin W. Barber, Economic Development Manager [email protected], 209-571-5566
DESCRIPTION:
Consider a Modesto Forward Grant Agreement with the Modesto Improvement Partnership, Inc, (MIP) for Downtown Beautification not to exceed $700,000 and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funds) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life:
Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues”. Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.” BACKGROUND:
On March 11, 2021, President Joe Biden signed the American Rescue Plan Act (ARPA) into law. The City of Modesto received approximately $45.8 million in ARPA funds in two tranches to address the continued impact of the COVID-19 pandemic on the economy, public health, individuals, and businesses.
The City of Modesto may use ARPA funds to address a number of areas, including:
1. Replace revenue that was lost, delayed, or decreased as determined based on the projections as of January 27, 2020, as a result of the COVID-19 emergency.
2. Respond to the COVID-19 emergency and address its economic effects, including aid to households, small businesses, nonprofits, and industries such as tourism and hospitality. #4..
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Economic Development Committee, October 7, 2024
Agreement with Modesto Improvement Partnership for Downtown Beautification
3. Cost overruns incurred as a result of the COVID-19 pandemic emergency.
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. The Modesto Forward plan allocated funding to support the implementation of Downtown Beautification Improvement Program.
The revitalization of downtown Modesto has been a multi-decade effort, marked by various initiatives to restore the area’s vibrancy and economic viability. In recent years, a significant boost came through the Clean California Grant, which awarded Modesto $3.13 million to further beautify and improve its downtown area accepted by the City Council with resolution No. 2024- 078. This grant, part of a broader state initiative, is focused on addressing blight, enhancing public spaces, and fostering community pride.
Aligned with the City's strategic initiatives, the Downtown Beautification objective in Modesto Forward focuses on revitalizing the community to enhance aesthetics and economic vitality. The City of Modesto has enacted policies and procedures to improve the overall aesthetic of the community, in addition to addressing overall quality of life improvements through blight abatement strategies and the enacting of a vacant building ordinance update.
DISCUSSION:
The Modesto Improvement Partnership (MIP), doing business as Downtown Modesto Partnership (DoMo) is a nonprofit organization focused on the revitalization and enhancement of downtown Modesto. Its mission is to improve the economic, social, and physical environment of the area through various initiatives and collaborations with local stakeholders. DoMo engages in efforts ranging from public safety and cleanliness to economic development and marketing, aiming to create a vibrant and welcoming downtown. The organization works closely with businesses, property owners, and the community to implement projects and programs that contribute to the overall vitality and growth of downtown Modesto.
DoMo is committed to enhancing the vitality of downtown area by utilizing a one-time funding of $700,000 for a new initiative called “Downtown Beautification”. This initiative is focused on enhancing the visual and functional aspects of downtown Modesto. The project includes various improvements such as streetscape enhancements, public art installations, and the revitalization of key areas to create a more appealing environment for both the community and visitors. The goal is to contribute to the overall improvement of the downtown area, supporting economic activity and making the space more welcoming for all.
DoMo is proposing a comprehensive beautification and improvement initiative for downtown Modesto, which includes several projects aimed at enhancing the aesthetic appeal and functionality of key areas within the downtown district.
One of the primary projects is the Pilot Block Lighting & Beautification on J Street between 10th and 11th Streets. This includes the installation of decorative lampposts to standardize the lighting on both sides of the street and the addition of horizontal market lights strung between new poles to enhance the nighttime ambiance. Additionally, artisan flowerpots will be placed at key corners to further beautify the area. Decorative improvements and enhancements will be maintained by DoMo.
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Economic Development Committee, October 7, 2024
Agreement with Modesto Improvement Partnership for Downtown Beautification
Downtown beautification is an integral part of Modesto’s strategic plans and studies have shown that increasing lighting in downtown areas can enhance the perception of safety and boost retail spending, contributing to the overall vitality and attractiveness of these areas.
The Project will provide enhanced and visually appealing lighting to the intersection of J & 10th Streets in Downtown Modesto with hopes to positively impact the consumer experience, both locals and visitors, and leave a lasting impression of Downtown Modesto.
The Project will involve moving the existing light poles at the intersection of J & 10th Streets in Downtown Modesto to be in a 90-degree position from each other. Underground work will be needed along with electrical work for the poles. Poles will be installed to provide additional clearance height for the lighting to span across the intersection. Near the top of the poles, security cameras (operated by the Modesto Police Department) will be relocated and reinstalled which will require additional electrical and wiring work. The proposed plans also include banners to be installed on the poles along with any necessary hardware, labor and miscellaneous costs associated for the Project.
Another significant project under this initiative is the creation of a Gateway to Downtown Modesto. This will involve the installation of a prominent "DoMo" sign at the corner of J and 9th Streets to mark the entrance to the downtown area, as well as a mural on the side of the BAC Community Bank building that faces J St. and Needham State Road (SR) 108 to create a welcoming sense of arrival. Old gateway signs around downtown will also be removed to update and refresh the area's look. The new gateway design would come back to the City for final approval, the attached is a concept for presentation purposes only.
The proposal includes establishing designated bike parking zones with improved bike racks, enhanced safety features, and decorative elements such as flowerpots. Public art installations and the addition of an artisan bench and flowerpot in front of the Modesto Children's Museum are also planned to enrich the downtown environment.
FISCAL IMPACT:
The projects are currently budgeted in the Modesto Forward ARPA grant allocation as follows:
Proposed Program Oracle Project
Number Description Amount
Downtown
Beautification Project 101401 Downtown Beautification Improvement $449,000 J and 10th St. Lighting
and Safety Pilot Project Project 101401 Downtown Safety Pilot $251,000 TOTAL $700,000
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Economic Development Committee, October 7, 2024
Agreement with Modesto Improvement Partnership for Downtown Beautification
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending a Modesto Forward Grant Agreement with Modesto Improvement Partnership (DoMo) for Downtown Beautification not to exceed $700,000 in ARPA funding and forwarding to Council for approval.
Approved by:
Jessica Hill, Director Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:
1. Agreement – MIP Downtown Beautification
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Funding Contribution Agreement – Modesto Improvement Partnership
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 Modesto Improvement Partnership, Inc. (DoMo), a California non-profit 501(c)(3) community benefit corporation (“Recipient”). The City and Modesto Improvement Partnership, Inc. 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 June 22, 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 may include ARPA funding, to programs and projects for Quality of Life that includes the Downtown Beautification initiative; and
WHEREAS, on December 5, 2024, the City Council adopted Resolution No. 2024-____, awarding a grant of Seven Hundred Thousand Dollars ($700,000) 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 and shall terminate upon the Recipient’s completion of all requirements of this Agreement as identified in Exhibit A. Any funds not expended by December 31, 2026 shall be #4..
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Funding Contribution Agreement – Modesto Improvement Partnership returned to the City no later than January 10, 2027. All federal reporting must be completed by January 15, 2027.
2. Grant Award
A. The City shall provide Recipient with a grant of Seven Hundred Thousand Dollars ($700,000) (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.
5. Annual Reporting Requirements
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Funding Contribution Agreement – Modesto Improvement Partnership 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;
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; #4..
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Funding Contribution Agreement – Modesto Improvement Partnership 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 t 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 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 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, 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. #4..
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Funding Contribution Agreement – Modesto Improvement Partnership 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 and subcontractors; products and completed operations as applicable.
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Funding Contribution Agreement – Modesto Improvement Partnership (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.
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.
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 #4..
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Funding Contribution Agreement – Modesto Improvement Partnership 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 95353
To Recipient:
Modesto Improvement Partnership, Inc.
Attn: Heidi Savage
1003 10th St Suite A
Modesto, CA 95354
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 #4..
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Funding Contribution Agreement – Modesto Improvement Partnership 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.
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.
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Funding Contribution Agreement – Modesto Improvement Partnership 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, 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 #4..
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Funding Contribution Agreement – Modesto Improvement Partnership 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 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. #4..
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Funding Contribution Agreement – Modesto Improvement Partnership EXHIBIT A – SCOPE OF WORK
Modesto Improvement Partnership, Inc. (hereafter referred to as DoMo) will enhance the downtown area with high impact improvement and placemaking, primarily between 9th and 13th Streets, up to 17th Streets. With these funds, we can strategically create a more vibrant safe, and thriving downtown for all.
1. Pilot Block Lighting & Beautification:
a. J and 10th Lighting, Safety, & Beautification Pilot Project (Covell Corners):
Location: Intersection of J and 10th St
Scope of Work: The Project will involve moving the existing light poles at the intersection of J & 10th street in Downtown Modesto and installing taller ones that to be in a 90-degree position from each other.
Underground work will be needed along with electrical work for the poles.
Poles will be installed to provide more clearance height for newlighting to span across the intersection in a decorative fashion. Near the top of the poles, security cameras (operated by the Modesto Police Department) will be relocated and reinstalled, of which will require additional electrical and wiring work. The proposed plans also include for banners to be installed on the poles along with any necessary hardware, labor and miscellaneous costs associated for the Project.
b. Lampposts:
Location: J St, between 10th & 11th so that both sides of the street will have the same decorative lamppost standard.
Scope of Work: Procure and install (4) lampposts using the City of Modesto standard (Visco Street Lights) on the Southeast side of J Street, between 10th and 11th Streets (in front of Beaty Building and Rancho Fresco). Lampposts will mirror the well-lit northwest side (next to Tenth Street Place).
c.
d. Market Lights:
Location: J St, between 10th & 11th. Both sides to use the same decorative market lights.
Scope of Work: Procure and install Horizontal Market Lights strung between (4) new poles on the Southeast and Northwest sides of J Street, between 10thand 11thStreets (approx. 200’ length).
e. Flowerpots:
Location: Corner of 10th Street & J; Corner of 11th Street & J. Scope of Work: Place 6 Artisan flowerpots total on all four corners; Place 8 Artisan flowerpots total on all four corners.
2. Gateway:
a. “DoMo” Signage:
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Funding Contribution Agreement – Modesto Improvement Partnership Location: At corner of J& 9th Streets (northeast bound). Scope of Work: Design, fabricate, and install a prominent "DoMo" gateway sign to mark the entrance to Downtown Modesto from the Transit Center.
This sign could include lighting, contingent on the feasibility of accessing electricity and cost.
b. Gateway Mural:
Location: BAC Building at corner of J & Five Points (southwest bound). Scope of Work: Paint a mural on the side(s) of the BAC building coming onto J Street from Five Points. Note-side Walk is too narrow for a sign. Mural would create a sense of arrival in a special place.
f. Removal of Old Gateway Signs:
Location: 20 Locations in downtown area
Scope of Work: Remove rusted, worn "Welcome to Downtown" and "Thank you for Visiting Downtown" signs.
2. Downtown Public Works:
a. Bike Parking Zones:
Location:
o J & 11th, near Preservation Coffee
o J & 12th, near Penny University
o 1126 14th Street, near Queen Bean
Scope of Work:
o Repair and Removal:
a. Remove any existing bollard-style bike posts
b. Remove old delineator post
c. Remove old flowerpots
d. Repair asphalt at Preservation bike parking (Public Works) e. Pour concrete into dirt patches at Queen Bean (Public Works)
o Install:
a. Larger-capacity bike racks
b. Replace delineator post
c. Asphalt and Concrete art using aggregate glass and epoxy to highlight bike parking and provide traffic-calming
measures
d. Flowerpots to enhance sense of safety (Penn U )
b. Public Art:
Location: Side of Beaty Building, on the left upon entering Mural Alley. Scope of Work: Painted mural depicting vintage denim ad. c. Bench: Artisan Bench and Flowerpot at Children's Museum Location: Sidewalk in front of Modesto Children's Museum Scope of Work: Install one child-size artisan bench curbside, facing building. Note —photo serves as placemark, intended to show bench #4..
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Funding Contribution Agreement – Modesto Improvement Partnership design and not direction bench will face. Place one artisan flower pot to left of bench, opposite tree.
3. Cover Project:
a. Electrical Outlet Cover
Location: In and around the core of our downtown, with an emphasis near the Gallo Center for the Performing Arts.
Scope of Work: Manufacture and install powder coated steel box covers for electrical outlets, where necessary. Install flaps that lock over outlets where necessary.
4. Following completion of the projects noted above. DoMo may request a notice to proceed from the City for the following projects subject to available funds under this Agreement:
a. Relocate Art Installation:
Location: Remove sculpture from sidewalk adjacent to Gallo Center for the Arts music Garden to make way for shade sail to be installed later in late 2024.
Scope of Work: Alternative location would need to be determined. b. Improve Fence Appearance:
Location: Needham Street in between Beauty College and Graceada Park Scope of Work:
o Stabilize fence structure
o Improve overall fence aesthetic
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Funding Contribution Agreement – Modesto Improvement Partnership
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 #4..
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Funding Contribution Agreement – Modesto Improvement Partnership 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.
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:
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Funding Contribution Agreement – Modesto Improvement Partnership 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.”
14. Debts Owed the Federal Government.
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Funding Contribution Agreement – Modesto Improvement Partnership 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 – Modesto Improvement Partnership 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 #4..
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Funding Contribution Agreement – Modesto Improvement Partnership 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 sub-grantees, 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.
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Funding Contribution Agreement – Modesto Improvement Partnership
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 noncompliance 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.
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Funding Contribution Agreement – Modesto Improvement Partnership
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, 2025 July 15, 2025
2 July 1, 2025 – June 30, 2026 July 15, 2026
3 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-andReporting-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. #4..
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Funding Contribution Agreement – Modesto Improvement Partnership Modesto Improvement Partnership
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 economic vitality. 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. Addressing negative economic impacts of COVID-19, including assistance to small businesses, aid to tourism, travel or hospitality, and economic recovery
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Funding Contribution Agreement – Modesto Improvement Partnership
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:
Project Name:
Reporting Period Start Date:
Reporting Period End Date:
Expenditure Category:
2.13 Other Economic Support* ^
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
2.29-
2.33 Small Business Economic
Assistance
(General)*^
2.35 Aid to Tourism, Travel, or
Hospitality
2.37 Other Economic Support*^
[PLEASE SELECT ONE]
5073279.1
PROJECT
EXPENDITURES
PROJECT STATUS
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