Check 00826726 Total
00826727 102369 RON DUPRATT FORD
Check 00826727 Total
00826728 102697 SACRAMENTO COUNTY SHERIFF'S OFFICE Check 00826723 Total
00826724 OT00479 DENNIS REYES
Check 00826724 Total
00826725 9206105 ROBERT KNIGHT
Check 00826725 Total
00826721 OT00489 VENSENT DELEON RAMOS
Check 00826721 Total
00826722 103980 REINHOLDT ENGINEERING CONSTRUCTION Check 00826722 Total
00826723 104073 RENNE PUBLIC LAW GROUP
Check 00826718 Total
00826719 103093 PROPERTYRADAR, INC
Check 00826719 Total
00826720 104676 Rachel Rodi Mosaics
Check 00826720 Total
038276 6005282760 06/25/2024 0012301 - 5014001 141.88 0 038276 6005282762 06/25/2024 0012301 - 5014001 338.66 0 038276 6005282765 06/25/2024 0012304 - 5014020 140.23 0 038276 6005282767 06/25/2024 0012304 - 5014020 33.09 0 038276 6005282769 06/25/2024 0012301 - 5014022 1,445.24 0 038276 6005282771 06/25/2024 0012301 - 5014022 259.87 0 038276 6005282773 06/25/2024 0012301 - 5014022 82.07 0 038276 6005282775 06/25/2024 0012301 - 5014022 101.50 0 038276 6005282777 06/25/2024 0012301 - 5014022 84.64 0 038276 6005282778 06/25/2024 0012301 - 5014022 27.36 0 038276 6005282780 06/25/2024 0012301 - 5014022 94.14 0 038276 6005282781 06/25/2024 0012301 - 5014022 1,782.36 0 038276 6005282782 06/25/2024 0012301 - 5014022 1,375.74 0 038276 6005282784 06/25/2024 0012301 - 5014001 721.98 0 038276 6005282785 06/25/2024 0012301 - 5014022 107.15 0 038276 6005282786 06/25/2024 0012301 - 5014022 88.02 0 038276 6005282788 06/25/2024 0012301 - 5014022 25.74 0 038276 6005282790 06/25/2024 0012302 - 5014020 19.63 0 038276 6005282792 06/25/2024 0012301 - 5014022 369.12 0 038276 6005282793 06/25/2024 0012301 - 5014022 335.38 0 038276 6005282794 06/25/2024 0012301 - 5014001 513.03 0 10,504.56 10,504.56
P000393 56653 02/27/2024 4012708 - 5014019 155.79 0 P000393 56654 02/27/2024 4012708 - 5014019 152.67 0 P000393 56900 03/11/2024 4012710 - 5014005 235.41 0 P000394 56845 03/09/2024 0012502 - 5014005 183.33 0 P000394 57173 04/19/2024 0012502 - 5014005 109.82 0 P000394 57193 04/22/2024 5012901 - 5014005 48.00 0 P000394 57194 04/22/2024 0012502 - 5014005 157.77 0 P000394 57344 05/31/2024 0012608 - 5014005 84.03 0 P000394 57347 05/31/2024 0012608 - 5014005 166.18 0 P000394 57402 06/11/2024 0012608 - 5014005 232.02 0 P000394 57404 06/11/2024 0012608 - 5014005 218.34 0 P000394 57434 06/14/2024 0012606 - 5014005 180.31 0 P000394 57435 06/14/2024 0012602 - 5014005 195.81 0 P000394 57437 06/14/2024 5012901 - 5015024 155.03 0 P000394 57441 06/14/2024 0012602 - 5014005 198.42 0 P000394 57453 06/17/2024 0012606 - 5008001 184.29 0 P000394 57473 06/19/2024 0012608 - 5014005 167.85 0 P000394 57487 06/20/2024 0012502 - 5014005 176.67 0 P000394 57488 06/20/2024 0012502 - 5014005 180.12 0 P000394 57489 06/20/2024 0012502 - 5014005 172.95 0 P000394 57490 06/20/2024 0012502 - 5014005 56.96 0 P000394 57491 06/20/2024 0012502 - 5014005 164.75 0 P000394 57498 06/21/2024 0012502 - 5014005 164.44 0 P000394 57499 06/21/2024 0012502 - 5014005 73.22 0 P000394 57500 06/21/2024 0012502 - 5014005 165.40 0 3,979.58 3,979.58
S 2074455 SA 06/13/2024 2012602 - 7015003 675.00 0
S 2074774 SA 06/13/2024 2012502 - 7034001 675.00 0
S 2076326 SA 06/20/2024 0012602 - 5014013 675.00 0
2,025.00 2,025.00
2402254 02/14/2024 401 - 1040802 857.61 0
P000297 2406388 06/14/2024 2192604 - 7034001 959.11 0 1,816.72 1,816.72
000286561 07/12/2024 401 - 1030101 50.16 0
50.16 50.16
Check 00826734 Total
00826735 OT00493 JOEL GALES SULLIVAN
Check 00826735 Total
00826736 104422 Syar Industries LLC
00826732 3559 STAR SPORTS
Check 00826732 Total
00826733 101496 STATE OF CA DEPT INDUSTRIAL RELATNS Check 00826733 Total
00826734 804 STEVENSON SUPPLY & TRACTOR CO
Check 00826730 Total
P000365 478430 06/30/2024 2192604 - 7034001 625.17 0 625.17 625.17
TB090124 07/03/2024 0012306 - 5006001 875.00 0
875.00 875.00
038712 2024250103365 06/28/2024 4012709 - 5014011 8,104.21 0 038712 2024250103456 06/26/2024 4022709 - 5014011 10,629.70 0 18,733.91 18,733.91
P000353 208821060-025 12/09/2023 4152801 - 7034001 880.00 0 P000353 229645550-001 02/16/2024 2012602 - 7034001 5,625.85 0 P000353 229645550-005 06/07/2024 2012602 - 7034001 4,579.60 0 11,085.45 11,085.45
P000208 526337 06/27/2024 4012708 - 5015024 5,604.34 0 P000208 526338 06/27/2024 4012708 - 5015024 561.56 0 P000208 526340 06/27/2024 4022708 - 5015024 331.27 0 P000519 2024-0201 02/29/2024 0012602 - 5015001 5,782.32 0 P000519 2024-0301 03/27/2024 0012602 - 5015001 5,884.39 0 P000519 2024-0401 04/30/2024 0012602 - 5015001 5,884.39 0 P000519 2024-0501 05/31/2024 0012602 - 5015001 5,884.39 0 P000519 2024-0601 06/27/2024 0012602 - 5015001 5,884.39 0 P000519 522600 02/29/2024 0012619 - 5015001 7,180.97 0 P000519 522601 02/29/2024 0012610 - 5015001 1,600.28 0 P000519 522602 02/29/2024 0012602 - 5015001 2,667.12 0 P000519 522603 02/29/2024 4312506 - 5015003 4,128.97 0 P000519 522605 02/29/2024 0012602 - 5015001 284.72 0 P000519 522606 02/29/2024 0012602 - 5015001 8,301.85 0 P000519 522607 02/29/2024 2012602 - 7015003 5,146.31 0 P000519 523508 03/27/2024 0012610 - 5015001 1,600.28 0 P000519 523509 03/27/2024 0012602 - 5015001 2,667.12 0 P000519 523510 03/27/2024 4312506 - 5015003 4,128.97 0 P000519 523512 03/27/2024 0012602 - 5015001 284.72 0 P000519 523513 03/27/2024 0012602 - 5015001 8,301.85 0 P000519 524432 04/30/2024 0012619 - 5015001 7,180.97 0 P000519 524433 04/30/2024 0012610 - 5015001 1,600.28 0 P000519 524434 04/30/2024 0012602 - 5015001 2,667.12 0 P000519 524435 04/30/2024 4312506 - 5015003 4,128.97 0 P000519 524437 04/30/2024 0012602 - 5015001 284.72 0 P000519 524438 04/30/2024 0012602 - 5015001 8,301.85 0 P000519 524439 04/30/2024 2012602 - 7015003 5,146.31 0 P000519 525395 05/31/2024 0012610 - 5015001 1,600.28 0 P000519 525396 05/31/2024 0012602 - 5015001 2,667.12 0 P000519 525397 05/31/2024 4312506 - 5015003 4,128.97 0 P000519 525399 05/31/2024 0012602 - 5015001 284.72 0 P000519 525400 05/31/2024 0012602 - 5015001 8,301.85 0 P000519 525401 05/31/2024 2012602 - 7015003 5,146.31 0 P000519 526328 06/27/2024 0012619 - 5015001 7,180.97 0 P000519 526329 06/27/2024 0012610 - 5015001 1,600.28 0 P000519 526330 06/27/2024 0012602 - 5015001 2,667.12 0 P000519 526331 06/27/2024 4312506 - 5015003 4,128.97 0 P000519 526333 06/27/2024 0012602 - 5015001 284.72 0 P000519 526334 06/27/2024 0012602 - 5015001 8,301.85 0 157,713.59 157,713.59
P000221 INV00358291 05/07/2024 4032708 - 5014013 737.39 0 P000328 INV00270980 02/08/2024 401 - 1040802 253.54 0 P000328 INV00270980 02/08/2024 4012710 - 5014013 7,934.93 0 8,925.86 8,925.86
038600 3005005683 06/03/2024 1122611 - 5006001 5,475.35 0 00826743 1976 ACCTG SERVICES USDA,APHIS,FSO
Check 00826739 Total
00826740 1338 UNIVERSAL BUILDING SERVICES
Check 00826740 Total
00826742 104501 USABLUEBOOK
Check 00826742 Total
00826737 9208791 TAYLOR BEST
Check 00826737 Total
00826738 102432 THATCHER COMPANY OF CALIFORNIA INC.
Check 00826738 Total
00826739 3608 UNITED RENTALS (NORTH AMERICA), INC Check 00826736 Total
5,475.35 5,475.35
VUSDFEE033124 03/31/2024 001 - 2081601 141,313.95 0
VUSDFEE093023 09/30/2023 001 - 2081601 127,551.38 0
VUSDFEE123123 12/31/2023 001 - 2081601 2,525.24 0
271,390.57 271,390.57
0006838019 06/29/2024 0011401 - 5010001 109.97 0
0006838138 06/29/2024 0011401 - 5010001 230.02 0
P000136 0001414606 06/03/2024 0011502 - 5009001 1,485.94 0 P000556 0006835911 07/01/2024 2192604 - 7034001 1,303.12 0 3,129.05 3,129.05
P000435 595610 06/13/2024 4012708 - 5014023 813.71 0 P000565 595613 06/22/2024 0012604 - 5014005 200.00 0 P000565 894584 04/10/2024 0012606 - 5014005 200.00 0 1,213.71 1,213.71
P000607 20023412 06/20/2024 2192604 - 7034001 344,432.19 0 344,432.19 344,432.19
000306913 07/12/2024 401 - 1030101 107.08 0
107.08 107.08
600717 06/17/2024 0012608 - 5014013 346.22 0
604478 06/24/2024 0012608 - 5014013 2,522.45 0 2,868.67 2,868.67
P000243 10019968961 05/24/2024 2192604 - 7034001 1,392.77 0 1,392.77 1,392.77
038601 00627670 06/24/2024 2012604 - 7034001 2,634.25 0 038601 00627674 07/01/2024 2012604 - 7034001 899.50 0 038601 00627742 05/10/2024 2012604 - 7034001 12,277.50 0 038601 00628021 07/01/2024 2012604 - 7034001 20,139.75 0 038601 00628078 06/27/2024 2012604 - 7034001 4,172.42 0 40,123.42 40,123.42
WM032724 03/27/2024 4012709 - 5008001 214.77 0
214.77 214.77
403980 05/13/2024 0011501 - 5016002 152.29 0
152.29 152.29
000307671 07/12/2024 401 - 1030101 40.52 0
40.52 40.52
P000425 40010267-26 03/19/2024 2212502 - 7034001 2,953.20 0 2,953.20 2,953.20
P000081 5931231 06/18/2024 0011701 - 5015004 267.66 0 P000187 5812694 05/20/2024 4012717 - 5024001 416.24 0 P000187 5933616 06/19/2024 4012717 - 5024001 416.24 0 P000251 5856739 06/10/2024 0011501 - 5007003 537.52 0 P000677 5737394 07/01/2024 0011501 - 5007003 537.52 0 2,175.18 2,175.18
P000081 021625028 07/01/2024 0011701 - 5015004 391.05 0 P000235 021625026 07/01/2024 1212201 - 5014001 333.40 0 P000235 021625027 07/01/2024 1212201 - 5014001 79.41 0 803.86 803.86
00826758 104390 ZAYO GROUP, LLC
Check 00826755 Total
00826756 102829 XEROX CORPORATION
Check 00826756 Total
00826757 102829 XEROX CORPORATION
Check 00826757 Total
00826753 103452 WIZIX TECHNOLOGY GROUP, INC.
Check 00826753 Total
00826754 OT00505 MARISSA WONG
Check 00826754 Total
00826755 102913 WSP USA INC.
Check 00826750 Total
00826751 104548 WILLDAN ENGINEERING
Check 00826751 Total
00826752 9208754 William Martian
Check 00826752 Total
00826748 OT00504 HONG WANG
Check 00826748 Total
00826749 645 WESCO DISTRIBUTION, INC
Check 00826749 Total
00826750 101392 LP WHITE CAP
Check 00826745 Total
00826746 632 VICTORY STORES INC
Check 00826746 Total
00826747 2605 VSS INTERNATIONAL INC
Check 00826747 Total
Check 00826743 Total
00826744 3206 VALLEJO CITY UNIFIED SCHOOL DIST
Check 00826744 Total
00826745 1472 VALLEJO TIMES HERALD
038283 2024060037683 06/01/2024 4321305 - 8034001 3,239.68 0 3,239.68 3,239.68
P000544 INV13522223 01/03/2024 4012710 - 5031001 904.81 0 P000544 INV13523829 01/03/2024 4012710 - 5014013 1,656.36 0 P000544 INV13572397 01/12/2024 4012710 - 5014013 227.23 0 P000544 INV13734692 02/13/2024 4012710 - 5014013 945.43 0 P000544 INV13813207 02/28/2024 4012710 - 5031001 1,494.50 0 5,228.33 5,228.33
720792241340624 06/27/2024 4032709 - 5016001 5,181.87 0 5,181.87 5,181.87
126369982 B 06/05/2024 2032502 - 7034001 587.14 0
126369982 B 06/05/2024 2212502 - 7034001 4,531.76 0 5,118.90 5,118.90
# of Checks 152 3,315,042.56 3,315,042.56
# of Checks 152 3,315,042.56 3,315,042.56
User Name: CITYOFVALLEJO\monica.kaur
Check 00826760 Total
00826761 961 PACIFIC GAS & ELECTRIC-SACRAME
Check 00826761 Total
Bank ID 00 Total
All Banks/Checks Total
Check 00826758 Total
00826759 103205 ZORO TOOLS INC.
Check 00826759 Total
00826760 961 PACIFIC GAS & ELECTRIC-SACRAME
Check No Vendor ID Vendor Name PO Number Invoice Invoice Date Account Remittance Amount Check Total 20240719 07/22/2024 602 - 2040513 590.00 0
590.00 590.00
935892 07/01/2024 2012602 - 7015003 400.00 0
400.00 400.00
FC071224 07/12/2024 0011701 - 5009001 340.00 0
340.00 340.00
# of Checks 3 1,330.00 1,330.00
# of Checks 3 1,330.00 1,330.00
User Name: CITYOFVALLEJO\monica.kaur
All Banks/Checks Total
00826764 9207845 FLORITA CRUZ
Check 00826764 Total
Bank ID 00 Total
Check 00826762 Total
00826763 103967 ENERGY ETC, INC.
Check 00826763 Total
Report Generated on Jul 26, 2024 10:34:34 AM Page 1
00826762 884 CAMP ASSOCIATION OF VALLEJO
Vallejo Pre-Production
VAFEFM002 Accounts Payable Check Register by Bank
Bank ID: 00 - Wells Fargo CKID 00
Check Dates Jul 26, 2024
Selected Criteria: All Checks
Vallejo Pre-Production
VAFEFM002 Accounts Payable Check Register by Bank
Bank ID: 00 - Wells Fargo CKID 00
Check Dates Jul 30, 2024
Selected Criteria: All Checks
Report Generated on Jul 30, 2024 6:12:40 PM Page 1
Check No Vendor ID Vendor Name PO
Number
Invoice Invoice
Date
Account Remittance
Amount
Check
Total
00826765 9207825 RITZIE TOLENTINO RTOLENTINO#4 07/12/2024 602 - 1142301 2,825.52 0 Check 00826765 Total 2,825.52 2,825.52
00826766 102015 UNITED STATES
TREASURY
IRS720-073124 07/30/2024 0019001 -
5015024
885.50 0
Check 00826766 Total 885.50 885.50
Bank ID 00 Total # of Checks 2 3,711.02 3,711.02
All Banks/Checks Total # of Checks 2 3,711.02 3,711.02
User Name: CITYOFVALLEJO\Abrealynn.Sigua
CONSENT CALENDAR 8.E.
DATE: September 24, 2024
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Assistant Public Works Director
Sidney Wilson, Administrative Analyst
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 BUDGET TO RECOGNIZE THE VOUCHER FUNDS (STEP 1)
RECOMMENDATION
Notice and adopt a resolution accepting the Energy Efficiency and Conservation Block Grant formula voucher to be applied to energy efficiency projects in the City of Vallejo.
REASONS FOR RECOMMENDATION
It is recommended that Vallejo take advantage of the EECBG Program formula voucher, which allows for equipment rebates to be used for the purchase and installation of energy-related equipment. This equipment can span a wide array of technologies deployed to lower fossil fuel use or increase energy efficiency.
BACKGROUND AND DISCUSSION
Legislative History
The Energy Efficiency and Conservation Block Grant (EECBG) Program is authorized under Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as amended, and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program shall comply with applicable laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200 and 2 CFR Part 910 and Section 40552 of IIJA.
Scope
Funding for the EECBG Program comes from the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL).
Purpose
The purpose of the EECBG Program is to assist eligible state, local, and tribal governments (collectively referred to as “eligible entities”) in implementing strategies to:
• Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; • Reduce the total energy use of the eligible entities; • Improve energy efficiency in the transportation sector, the building sector, and other appropriate sectors;
• Build a clean and equitable energy economy that prioritizes disadvantaged communities and promotes equity and inclusion in workforce opportunities and deployment activities, consistent with the Justice40 Initiative.
Date: September 24, 2024
Subject: ADOPT A RESOLUTION ACCEPTING THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER AND
PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 BUDGET TO RECOGNIZE THE VOUCHER FUNDS (STEP 1)
These stated purposes describe the overall intent of the EECBG Program. Entities may develop various programs and projects that address one or more of the purposes and each activity an entity undertakes is not required to meet all the stated purposes. Entities may choose from a range of eligible activities, as defined in Section 544 of EISA3 as amended by Section 40552(a) of the IIJA (Public Law 117-58).
DOE updated this guidance from the version issued in 2011 (EECBG Program Notice 10-021) to reflect the changes Congress made to EISA when it signed IJJA into law. This updated version provides guidance to EECBG Program grantees regarding the types of eligible activities that are considered allowable use of funds under one or more of the 14 eligible activity categories for the EECBG Program.4 Recipients of EECBG Program grants (including entities receiving sub-grants) or vouchers can use this guidance to determine eligible activities that support EECBG Program goals and implementation strategies. The guidance also identifies activities that are prohibited or where limitations on use of funds exist, as established by the EECBG statute or determined by DOE. This guidance is not intended to be exhaustive.
In general, the overall objective of each eligible activity should be the attainment of, or the plan to attain, increased energy efficiency and conservation, or fossil fuel reduction. These activities should bear in mind an equitable distribution of community investment and projects serving disadvantaged communities, in line with the Justice40 Initiative. Projects related to regular maintenance or repairs are not eligible.
Formula Grant
• The Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), Sec. 40552 provides $550 million for EECBG Program for fiscal year 2022, to remain available until expended. DOE will distribute $440 million in formula and competitive EECBG Program funding to eligible units of local government, states, and Indian tribes. • Of the amount appropriated by IIJA, DOE will allocate funds as prescribed in section 543 of EISA:
o 34% to eligible units of local government-alternative 1 through formula grants o 34% to eligible units of local government-alternative 2 through formula grants o 28% to states through formula grants
o 2% to Indian tribes through formula grants; and
o 2% for competitive grants to ineligible local governments and Indian tribes. • IIJA allocations for EECBG Program direct formula awards from the DOE are based on the following funding amounts:
o $299,200,000 for formula awards to eligible units of local government o $149,600,000 to eligible units of local government-alternative 1 o $149,600,000 to eligible units of local government-alternative 2 • $123,200,000 for formula awards to states
o Each state (except for those noted as exempt in section 6.3 E.) is required to pass not less than 60% of its allocation through to cities and counties within the state that are ineligible for direct formula grants from DOE
Date: September 24, 2024
Subject: ADOPT A RESOLUTION ACCEPTING THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER AND
PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 BUDGET TO RECOGNIZE THE VOUCHER FUNDS (STEP 1)
• $8,800,00 for formula grants to eligible Indian tribes • See the Federal Register Notice 2022-13859 issued on June 29, 2022, for the allocation process.
The City of Vallejo's allocation is $164,850.
Voucher Eligible Activities
Vouchers can be used for technical assistance services and/or rebates for equipment purchases and installation. Technical assistance and equipment purchases procured with a voucher must fall within the 14 eligible use categories of the EECBG Program as established in the Energy Independence and Security Act of 2007 (EISA)2 and expanded in the Infrastructure Investment and Jobs Act of 2021 (IIJA).
City of Vallejo’s Proposed Project
The City of Vallejo proposed a solar streetlight replacement plan on Tennessee Street, replacing old streetlights with LED upgrades. Vallejo applied for the $164,850 EECBG formula voucher on April 13th, 2024, and received notice of the award on May 23rd, 2024.
The EECBG Program allows for equipment rebates to be used for the purchase and installation of energy- related equipment which can span a wide array of technologies deployed for the purpose of lowering fossil fuel use or increasing energy efficiency.
FISCAL IMPACT
If approved, the City will receive $164,850 from the Infrastructure Investment and Jobs Act (IIJA), which must be spent within two years. The City is not required to provide a dollar-for-dollar match.
ENVIRONMENTAL REVIEW
This voucher will be used to increase Vallejo's energy efficiency.
ATTACHMENTS
1. EECBG Reso CAO Stamp
2. Equipment Rebate Terms and Conditions
3. Vallejo IIJA EECBG Strategy 2-1-24 Final
4. Proposed lights for Vallejo
5. EECBG Pre-Award_Information_Sheet FINAL(2)
CONTACT
Andrew Murray, City Manager (707) 648-4576
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
ACCEPTING THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM VOUCHER AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-2025 BUDGET TO RECOGNIZE THE VOUCHER FUNDS
WHEREAS, the EECBG Program is designed to assist states, local governments, and Tribes in implementing strategies to reduce energy use, reduce fossil fuel emissions, and improve energy efficiency; and
WHEREAS, awards will further the innovation by states and local governments seeking to implement high-impact and self-sustaining clean energy projects; and WHEREAS, disadvantaged Communities (DACs) have too long faced disinvestment and underinvestment, the EECBG Program, a Justice40-covered program, contributes to the clean air discrepancy; and
WHEREAS, the City of Vallejo applied for the EECBG Voucher on April 13th, 2024, and received notice of the award on May 23rd, 2024; and
WHEREAS, the U.S. Department of Energy requires that the City execute a Voucher Agreement; and
WHEREAS, the City Council hereby provides notice that it intends to amend the budget to recognize the voucher as additional revenue.
NOW, THEREFORE BE IT RESOLVED that the City Manager’s designee be authorized on behalf of the City of Vallejo to accept the voucher in the amount of $164,850 and sign the Voucher Agreement with the U.S. Department of Energy, including any amendments thereof; and BE IT FURTHER RESOLVED, that the voucher funds received hereunder shall not be used to supplant expenditures controlled by this body; and
BE IT FURTHER RESOLVED, that the City of Vallejo agrees to abide by the terms and conditions of the voucher agreement set forth by the Department of Energy; and BE IT FURTHER RESOLVED, that the City Council hereby gives notice of its intent to amend the budget to recognize the receipt and expenditure of the voucher funds.
Adopted by the City Council of the City of Vallejo at a regular meeting held on September 24, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Template Version 12/19/2023
EECBG Program
Special Terms and Conditions
Special Terms and Conditions
Entity Name:___________________________________ (“Recipient”), which is identified in the Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives and the technical milestones and deliverables stated in Attachment 1 to this Award.
This Award consists of the following documents, including all terms and conditions therein:
Special Terms and Conditions
Attachment 1 Federal Assistance Reporting Checklist (FARC)1 Attachment 2 NEPA Determination2
The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at http://www.eCFR.gov
.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp
.
• The Recipient’s application/proposal as approved by SCEP. • Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).
1 The FARC will be provided at a later date.
2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal
Special Terms and Conditions
2 Table of Contents
Subpart A. General Provisions ......................................................................................................................... 4 Term 1. Legal Authority and Effect ....................................................................................................................... 4 Term 2. Flow Down Requirement ........................................................................................................................ 4 Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4 Term 4. Inconsistency with Federal Law .............................................................................................................. 4 Term 5. Federal Stewardship ................................................................................................................................ 4 Term 6. NEPA Requirements ................................................................................................................................ 4 Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 5 Term 8. Reporting Requirements ......................................................................................................................... 5 Term 9. Lobbying ................................................................................................................................................... 5 Term 10. Publications ............................................................................................................................................. 5 Term 11. No-Cost Extension ................................................................................................................................... 6 Term 12. Property Standards .................................................................................................................................. 6 Term 13. Insurance Coverage ................................................................................................................................. 6 Term 14. Real Property ........................................................................................................................................... 7 Term 15. Equipment ............................................................................................................................................... 7 Term 16. Supplies .................................................................................................................................................... 8 Term 17. Property Trust Relationship .................................................................................................................... 8 Term 18. Record Retention ..................................................................................................................................... 8 Term 19. Audits ....................................................................................................................................................... 8 Term 20. Indemnity ................................................................................................................................................. 9 Term 21. Foreign National Participation ................................................................................................................ 9 Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9 Subpart B. Financial Provisions ....................................................................................................................... 10 Term 23. Maximum Obligation ............................................................................................................................. 10 Term 24. Refund Obligation.................................................................................................................................. 10 Term 25. Allowable Costs ..................................................................................................................................... 10 Term 26. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 10 Term 27. Use of Program Income ......................................................................................................................... 10 Term 28. Payment Procedures ............................................................................................................................. 11 Term 29. Budget Changes ..................................................................................................................................... 11 Subpart C. Miscellaneous Provisions .............................................................................................................. 12 Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12 Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12 Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14 Term 33. Contractor Change Notification ............................................................................................................ 15 Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16 Term 35. Export Control ........................................................................................................................................ 18 Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18 Term 37. Organizational Conflict of Interest ........................................................................................................ 18 Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 19 Term 39. Human Subjects Research ..................................................................................................................... 20 Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21 Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21 Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21
Special Terms and Conditions
3 Term 42. Davis-Bacon Requirements ................................................................................................................... 22 Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23 Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29 Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29 Term 46. Transparency of Foreign Connections................................................................................................... 29 Term 47. Foreign Collaboration Considerations .................................................................................................. 30
Special Terms and Conditions
4 Subpart A. General Provisions
Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or electronically, by a DOE Contracting Officer.
The Recipient may accept or reject the Award. Acknowledgement of award documents by the Recipient’s authorized representative through electronic systems used by DOE, specifically The EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/), constitutes the Recipient's acceptance of the terms and conditions of this Award.
Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized representative constitutes the Recipient's electronic signature.
Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith.
Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub contractors and to require their strict compliance therewith.
Term 3. Compliance with Federal, State, and Municipal Law The Recipient is required to comply with applicable Federal, state, and local laws and regulations for all work performed under this Award. The Recipient is required to obtain all necessary Federal, state, and local permits, authorizations, and approvals for all work performed under this Award.
Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this Award must be referred to the DOE Award Administrator for guidance.
Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed under this Award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to address deficiencies that develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the project objectives have been accomplished.
Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of Federal funds. Based on all information provided by the Recipient, SCEP has made a
Special Terms and Conditions
5 NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the Application approved by the Contracting Officer and the DOE NEPA Determination. The Recipient is thereby authorized to use Federal funds for the defined project activities, except where such activity is subject to a restriction set forth elsewhere in this Award.
This authorization is specific to the project activities and locations as described in the Application approved by the Contracting Officer and the DOE NEPA Determination.
If the Recipient later intends to add to or modify the activities or locations as described in the approved Application and the DOE NEPA Determination, those new activities/locations or modified activities/locations are subject to additional NEPA review and are not authorized for Federal funding until the Contracting Officer provides written authorization on those additions or modifications. Should the Recipient elect to undertake activities or change locations prior to written authorization from the Contracting Officer, the Recipient does so at risk of not receiving Federal funding for those activities, and such costs may not be recognized as allowable cost share.
Condition(s):
NEPA Logs if conducting potentially ground disturbing activities.
Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Award should be American-made.
Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting Checklist, attached to this Award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the Award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies.
Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on the Award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
Term 10. Publications
Special Terms and Conditions
6 The Recipient is required to include the following acknowledgement in publications arising out of, or relating to, work performed under this Award, whether copyrighted or not:
• Acknowledgment: “This material is based upon work supported by the U.S. Department of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX”
• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.”
Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent the views of the U.S. Department of Energy or the United States Government.”
Recipients should make every effort to include the full Legal Disclaimer. However, in the event that recipients are constrained by formatting and/or page limitations set by the publisher, the abridged Legal Disclaimer is an acceptable alternative.
Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in advance if it intends to utilize a one-time, no-cost extension of this Award. The notification must include the supporting reasons and the revised period of performance. The Recipient must submit this notification in writing to the Contracting Officer and DOE Technology Manager/ Project Officer at least 30 days before the end of the current budget period.
Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of this Award.
Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.
Also see 2 CFR 910.360 for additional requirements for real property and equipment for For- Profit recipients.
Term 13. Insurance Coverage
Special Terms and Conditions
7 See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real property and equipment for For-Profit recipients.
Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.311 before disposing of the property.
Except as otherwise provided by Federal statutes or by the Federal awarding agency, real property will be used for the originally authorized purpose as long as needed for that purpose.
When real property is no longer needed for the originally authorized purpose, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity. The instructions must provide for one of the following alternatives: (1) retain title after compensating DOE as described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2 CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE as specified in 2 CFR 200.311(c)(3).
See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved under a Federal award.
Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.313 before disposing of the property.
Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as it is needed, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by DOE in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii).
Management requirements, including inventory and control systems, for equipment are provided in 2 CFR 200.313(d).
When equipment acquired under a Federal award is no longer needed, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity.
Disposition will be made as follows: (1) items of equipment with a current fair market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as
Special Terms and Conditions
8 described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as specified in 2 CFR 200.313(e)(3).
See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.
Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.
Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. See 2 CFR 200.316 for additional requirements pertaining to real property, equipment, and intangible property acquired or improved under a Federal award.
Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records relating to this Award.
Term 19. Audits
A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector General, Government Accountability Office) for the purpose of audits and investigations. Such assistance may include, but is not limited to, reasonable access to the Recipient’s records relating to this Award.
Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the Recipient’s financial records or administrative records relating to this Award at any time. Government-initiated audits are generally paid for by DOE.
DOE may conduct a final audit at the end of the project period (or the termination of the Award, if applicable). Upon completion of the audit, the Recipient is required to refund to DOE any payments for costs that were determined to be unallowable. If the audit has not been performed or completed prior to the closeout of the award, DOE retains the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit.
DOE will provide reasonable advance notice of audits and will minimize interference
Special Terms and Conditions
9 with ongoing work, to the maximum extent practicable.
B. Annual Independent Audits (Single Audit or Compliance Audit) The Recipient must comply with the annual independent audit requirements in 2 CFR 200.500 through .521 for institutions of higher education, nonprofit organizations, and state and local governments (Single audit), and 2 CFR 910.500 through .521 for for-profit entities (Compliance audit).
The annual independent audits are separate from Government-initiated audits discussed in part A. of this Term and must be paid for by the Recipient. To minimize expense, the Recipient may have a Compliance audit in conjunction with its annual audit of financial statements. The financial statement audit is not a substitute for the Compliance audit. If the audit (Single audit or Compliance audit, depending on Recipient entity type) has not been performed or completed prior to the closeout of the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339, Remedies for Noncompliance.
Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability, including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any character for death, bodily injury, or loss of or damage to property or to the environment, resulting from the project, except to the extent that such liability results from the direct fault or negligence of DOE officers, agents or employees, or to the extent such liability may be covered by applicable allowable costs provisions.
Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific information about each foreign national to ensure compliance with the requirements for participation and access approval. The volume and type of information required may depend on various factors associated with the Award. The DOE Contracting Officer will notify the Recipient if this information is required.
DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect to deny a foreign national’s access to a DOE sites, information, technologies, equipment, programs or personnel.
Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through Government resources, to identify potential risks of undue foreign influence. In the event, a risk is identified, DOE may require risk mitigation measures, including but not limited to, requiring an individual or entity not participate in the Award.
Special Terms and Conditions
10 Subpart B. Financial Provisions
Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13 of the Assistance Agreement to this Award.
Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs determined unallowable by the Contracting Officer. Upon the end of the project period (or the termination of the Award, if applicable), the Recipient must refund to SCEP the difference between (1) the total payments received from SCEP, and (2) the Federal share of the costs incurred. Refund obligations under this Term do not supersede the annual reconciliation or true up process if specified under the Indirect Cost Term.
Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2 CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient must document and maintain records of all project costs, including, but not limited to, the costs paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient claims as cost sharing, including in-kind contributions. The Recipient is responsible for maintaining records adequate to demonstrate that costs claimed have been incurred, are reasonable, allowable and allocable, and comply with the cost principles. Upon request, the Recipient is required to provide such records to SCEP. Such records are subject to audit.
Failure to provide SCEP adequate supporting documentation may result in a determination by the Contracting Officer that those costs are unallowable.
The Recipient is required to obtain the prior written approval of the Contracting Officer for any foreign travel costs.
Term 26. Decontamination and/or Decommissioning (D&D) Costs Notwithstanding any other provisions of this Award, the Government shall not be responsible for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning (D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Award, whether said work was performed prior to or subsequent to the effective date of the Award.
Term 27. Use of Program Income
If the Recipient earns program income during the project period as a result of this Award, the
Special Terms and Conditions
11 Recipient must add the program income to the funds committed to the Award and used to further eligible project objectives.
Term 28. Payment Procedures
A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate voucher applications will be approved for payment by DOE once the equipment has been installed and all required documentation has been provided.
B. Payments
All payments are made by electronic funds transfer to the bank account identified attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account.
C. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share authorized to that award, without specific written approval from the Contracting Officer. The Recipient must immediately refund SCEP any amounts spent in excess of the authorized amount.
A. Supporting Documents for Agency Approval of Payments
DOE may request additional information from the Recipient to support the payment requests prior to release of funds, as deemed necessary. The Recipient is required to comply with these requests. Supporting documents include invoices, copies of contracts, vendor quotes, proof of installation and other expenditure explanations that justify the payment requests.
Term 29. Budget Changes
A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to this Award.
Any increase in the total project cost, whether DOE share or Cost Share, which is stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be approved in advance and in writing by the Contracting Officer.
Any change that alters the project scope, milestones or deliverables requires prior written approval of the Contracting Officer. SCEP may deny reimbursement for any failure to comply with the requirements in this term.
Special Terms and Conditions
12 B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting Officer for any transfer of funds among direct cost categories where the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total project cost stated in the budget on the recipient’s application.
The Recipient is required to notify the DOE Technology Manager/Project Officer of any transfer of funds among direct cost categories where the cumulative amount of such transfers is equal to or below 10 percent of the total project cost, stated in the budget on the recipient’s application.
Subpart C. Miscellaneous Provisions
Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities
With respect to the performance of any portion of the work under this Award which is performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H requirements of the operator of such site.
Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall contact the site facility manager for information on DOE and site-specific ES&H requirements.
The Recipient is required apply this provision to its contractors.
Term 31. System for Award Management and Universal Identifier Requirements
A. Requirement for Registration in the System for Award Management (SAM) Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe Recipient must maintain the currency of its information in SAM until the Recipient submits the final financial report required under this Award or receive the final payment, whichever is later. This requires that the Recipient reviews and updates the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term.
B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no longer have to go to a third-party website to obtain their identifier. This information
Special Terms and Conditions
13 is displayed on SAM.gov.
If the Recipient is authorized to make subawards under this Award, the Recipient:
i. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from the Recipient unless the entity has provided its UEI number to the Recipient.
ii. May not make a subaward to an entity unless the entity has provided its UEI number to the Recipient.
C. Definitions
For purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at ).
ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier that will be assigned by SAM.gov upon registration.
iii. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, subpart C:
1. A Governmental organization, which is a State, local government, or Indian Tribe.
2. A foreign public entity.
3. A domestic or foreign nonprofit organization.
4. A domestic or foreign for-profit organization.
5. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.
iv. Subaward:
1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the Recipient received this Award and that the Recipient awards to an eligible subrecipient.
2. The term does not include the Recipient’s procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients
Special Terms and Conditions
14 and Contractors and/or 2 CFR 910.501 Audit requirements, (f) Subrecipients and Contractors).
3. A subaward may be provided through any legal agreement, including an agreement that the Recipient considers a contract.
v. Subrecipient means an entity that:
1. Receives a subaward from the Recipient under this Award; and
2. Is accountable to the Recipient for the use of the Federal funds provided by the subaward.
Term 32. Nondisclosure and Confidentiality Agreements Assurances
A. By entering into this agreement, the Recipient attests that it does not and will not require its employees or contractors to sign internal nondisclosure or confidentiality agreements or statements prohibiting or otherwise restricting its employees or contactors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
B. The Recipient further attests that it does not and will not use any Federal funds to implement or enforce any nondisclosure and/or confidentiality policy, form, or agreement it uses unless it contains the following provisions:
i. ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’’
ii. The limitation above shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or confidentiality policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity,
Special Terms and Conditions
15 other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure or confidentiality forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.
Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient’s Application for award, the Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to the execution of new or modified contract agreements, including naming any To Be Determined contractors. This notification does not constitute a waiver of the prior approval requirements outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from its obligation to comply with applicable Federal statutes, regulations, and executive orders.
In order to satisfy this notification requirement, the Recipient documentation must, as a minimum, include the following:
• A description of the service to be provided or the equipment to be purchased. • An assurance that the process undertaken by the Recipient to solicit the contractor complies with their written procurement procedures as outlined in 2 CFR 200.317 through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the Recipient and the selected contractor and that the Recipient’s written standards of conduct were followed.
3 • A completed Environmental Questionnaire, if applicable. • An assurance that the contractor is not a debarred or suspended entity. • An assurance that all required award provisions will be flowed down in the resulting contract agreement.
3 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these situations also create at a minimum an apparent conflict of interest.
Special Terms and Conditions
16 The Recipient is responsible for making a final determination to award or modify contractor agreements under this agreement, but the Recipient may not proceed with the contractor agreement until the Contracting Officer determines, and provides the Recipient written notification, that the information provided is adequate.
Should the Recipient not receive a written notification of adequacy from the Contracting Officer within 30 days of the submission of the contractor documentation stipulated above, the Recipient may proceed to award or modify the proposed contractor agreement.
Term 34. Recipient Integrity and Performance Matters
A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this term. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance, cooperative agreement, or procurement contract from the Federal Government;
ii. Reached its final disposition during the most recent five-year period; and iii. Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in paragraph E of this award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
3. An administrative proceeding, as defined in paragraph E of this term, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or
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17 4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1, 2, or 3 of this term;
b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
c. The requirement in this term to disclose information about the proceeding does not conflict with applicable laws and regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph B of this term. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A of this term, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, Financial Assistance awards, (including cooperative agreement awards) with a cumulative total value greater than $10,000,000, must disclose semiannually any information about the criminal, civil, and administrative proceedings.
E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or Financial Assistance awards. It does not include audits, site visits, corrective plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. iii. Total value of currently active Financial Assistance awards, cooperative agreements and procurement contracts includes—
Special Terms and Conditions
18 1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
2. The value of all expected funding increments under a Federal award and options, even if not yet exercised.
Term 35. Export Control
The United States government regulates the transfer of information, commodities, technology, and software considered to be strategically important to the U.S. to protect national security, foreign policy, and economic interests without imposing undue regulatory burdens on legitimate international trade. There is a network of Federal agencies and regulations that govern exports that are collectively referred to as “Export Controls.” The Recipient is responsible for ensuring compliance with all applicable United States Export Control laws and regulations relating to any work performed under a resulting award.
The Recipient must immediately report to DOE any export control violations related to the project funded under this award, at the recipient or subrecipient level, and provide the corrective action(s) to prevent future violations.
Term 36. Interim Conflict of Interest Policy for Financial Assistance The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy- requirements-financial-assistance. This policy is applicable to all non-Fe deral entities applying for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant, cooperative agreement, or technology investment agreement) and, through the implementation of this policy by the entity, to each Investigator who is planning to participate in, or is participating in, the project funded wholly or in part under this Award. The term “Investigator” means the PI and any other person, regardless of title or position, who is responsible for the purpose, design, conduct, or reporting of a project funded by DOE or proposed for funding by DOE. The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e., managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.
Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award completed their significant financial disclosures; 2) review the disclosures; 3) determine whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide DOE with an initial FCOI report that includes all FCOIs (i.e., managed and unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be in full compliance with the other requirements set forth in DOE’s interim COI Policy.
Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to
Special Terms and Conditions
19 be impartial in conducting procurement action involving a related organization (2 CFR 200.318(c)(2)).
The Recipient must disclose in writing any potential or actual organizational conflict of interest to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in a procurement or transaction using project funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe. For a list of the information that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest Policy for Financial Assistance at
https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.
If the effects of the potential or actual organizational conflict of interest cannot be avoided, neutralized, or mitigated, the Recipient must procure goods and services from other sources when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR 200.340 unless continued performance is determined to be in the best interest of the Federal government.
The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. The Recipient is responsible for ensuring contractor compliance with this term.
If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the Recipient must maintain written standards of conduct covering organizational conflicts of interest.
Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video
Special Terms and Conditions
20 surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information conducted with Department of Energy (DOE) funding is subject to the requirements of DOE Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection of Human Subjects.
Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of all proposed human subjects research projects. The IRB is an interdisciplinary ethics board responsible for ensuring that the proposed research is sound and justifies the use of human subjects or their data; the potential risks to human subjects have been minimized; participation is voluntary; and clear and accurate information about the study, the benefits and risks of participating, and how individuals’ data/specimens will be protected/used, is provided to potential participants for their use in determining whether or not to participate.
The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and the certification identified in item 2 below to DOE prior to initiation of any project that will involve interactions with humans in some way (e.g., through surveys); analysis of their identifiable data (e.g., demographic data and energy use over time); asking individuals to test devices, products, or materials developed through research; and/or testing of commercially available devices in buildings/homes in which humans will be present. Note: This list of examples is illustrative and not all inclusive.
No DOE funded research activity involving human subjects, biospecimens, or identifiable private information shall be conducted without:
Special Terms and Conditions
21 1) A registration and a Federal Wide Assurance of compliance accepted by the Office of Human Research Protection (OHRP) in the Department of Health and Human Services; and
2) Certification that the research has been reviewed and approved by an Institutional Review Board (IRB) provided for in the assurance. IRB review may be accomplished by the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of the DOE national laboratories, by the DOE national laboratory IRB.
The Recipient is responsible for ensuring all subrecipients comply and for reporting information on the project annually to the DOE Human Subjects Research Database (HSRD) at https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home . Note: If a DOE IRB
is used, no end of year reporting will be needed.
Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects
Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity, economy and efficiency of DOE’s programs and operations including deterring and detecting fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through investigations, audits, and inspections of Department of Energy activities to include grants, cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit https
://www.energy.gov/ig/ig-ho
tline.
A
dditionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113 Mandatory disclosures, which states:
T
he non-F
ederal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-t hrough
entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non -F
ederal entities that
have received a Federal award including the term and condition outlined in appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements
Term 41. Reporting, Tracking and Segregation of Incurred Costs
Special Terms and Conditions
22 BIL funds can be used in conjunction with other funding, as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the BIL and related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate records for BIL funds and must ensure those records comply with the requirements of the BIL.
Funding provided through the BIL that is supplemental to an existing grant or cooperative agreement is one-time funding.
Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair work in excess of $2,000 on an award funded directly by or assisted in whole or in part by funds made available under this award shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).
Recipients shall provide written assurance acknowledging the DBA requirements for the award or project and confirming that all of the laborers and mechanics performing construction, alteration, or repair, through funding under the award are paid or will be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
The Recipient must comply with all of the Davis-Bacon Act requirements, including but not limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses and requirements are flowed down to and incorporated into any applicable subcontracts.
(2) being responsible for compliance by any subcontractor with the Davis-Bacon labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all subcontractors and subrecipients for accuracy and to identify potential compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion of the project and must make those payrolls available to the DOE or the Department of Labor upon request, as required by 29 CFR 5.6(a)(2). (5) conducting payroll and job-site reviews for construction work, including interviews with employees, with such frequency as may be necessary to assure compliance by its subcontractors and as requested or directed by the DOE. (6) cooperating with any authorized representative of the Department of Labor in their inspection of records, interviews with employees, and other actions undertaken as part of a Department of Labor investigation.
Special Terms and Conditions
23 (7) posting in a prominent and accessible place the wage determination(s) and Department of Labor Publication: WH-1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from the recipient, , contractor, or subcontractor employees; significant labor standards violations, as defined in 29 CFR 5.7; disputes concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in FAR 52.222-14; disputed labor standards determinations; Department of Labor investigations; or legal or judicial proceedings related to the labor standards under this Contract, a subcontract, or subrecipient award. (9) preparing and submitting to the Contracting Officer, the Office of Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual Labor Compliance Report, by April 21 and October 21 of each year. Form submittal will be administered through the iBenefits system (https://doeibenefits2.energy.gov) or its successor system.
The Recipient must undergo Davis-Bacon Act compliance training and must maintain competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events .
The Department of Energy has contracted with, a third-party DBA electronic payroll compliance software application. The Recipient must ensure the timely electronic submission of weekly certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted to a particular contractor or subcontractor because they are unable or limited in their ability to use or access the software.
Davis Bacon Act Electronic Certified Payroll Submission Waiver A waiver must be granted before the award starts. The applicant does not have the right to appeal SCEP’s decision concerning a waiver request.
For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in- construction.
Term 43. Buy American Requirement for Infrastructure Projects
*NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this section if your total EECBG Program award is less than $250,000.
Special Terms and Conditions
24 A. Definitions
Components are defined as the articles, materials, or supplies incorporated directly into the end manufactured product(s).
Construction Materials are an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is used in an infrastructure project and is or consists primarily of non-ferrous metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, drywall, coatings (paints and stains), optical fiber, clay brick; composite building materials; or enginSCEPd wood products.
Domestic Content Procurement Preference Requirement- means a requirement that no amounts made available through a program for federal financial assistance may be obligated for an infrastructure project unless—
(A) all iron and steel used in the project are produced in the United States;
(B) the manufactured products used in the project are produced in the United States; or
(C) the construction materials used in the project are produced in the United States.
Also referred to as the Buy America Requirement.
Infrastructure includes, at a minimum, the structures, facilities, and equipment located in the United States, for: roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and generation, transportation, and distribution of energy - including electric vehicle (EV) charging.
The term “infrastructure” should be interpreted broadly, and the definition provided above should be considered as illustrative and not exhaustive.
Special Terms and Conditions
25 Manufactured Products are items used for an infrastructure project made up of components that are not primarily of iron or steel; construction materials; cement and cementitious materials’ aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.
Primarily of iron or steel means greater than 50% iron or steel, measured by cost.
Project- means the construction, alteration, maintenance, or repair of infrastructure in the United States.
Public- The Buy America Requirement does not apply to non-public infrastructure. For purposes of this guidance, infrastructure should be considered “public” if it is: (1) publicly owned or (2) privately owned but utilized primarily for a public purpose. Infrastructure should be considered to be “utilized primarily for a public purpose” if it is privately operated on behalf of the public or is a place of public accommodation.
B. Buy America Requirement
None of the funds provided under this award (federal share or recipient cost-share) may be used for a project for infrastructure unless:
1. All iron and steel used in the project is produced in the United States—this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and
Special Terms and Conditions
26 3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America Requirement only applies to articles, materials, and supplies that are consumed in, incorporated into, or permanently affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought into the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Recipients are responsible for administering their award in accordance with the terms and conditions, including the Buy America Requirement. The recipient must ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included all sub-awards, contracts, subcontracts, and purchase orders for work performed under the infrastructure project.
C. Certification of Compliance
The Recipient must certify or provide equivalent documentation for proof of compliance that a good faith effort was made to solicit bids for domestic products used in the infrastructure project under this Award.
The Recipient must also maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors and vendors to the Recipient. The Recipient must keep these certifications with the award/project files and be able to produce them upon request from DOE, auditors or Office of Inspector General.
Special Terms and Conditions
27 D. Waivers
When necessary, the Recipient may apply for, and DOE may grant, a waiver from the Buy America Requirement. Requests to waive the application of the Buy America Requirement must be in writing to the Contracting Officer. Waiver requests are subject to review by DOE and the Office of Management and Budget, as well as a public comment period of no less than 15 calendar days.
Waivers must be based on one of the following justifications:
1. Public Interest- Applying the Buy America Requirement would be inconsistent with the public interest;
2. Non-Availability- The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
3. Unreasonable Cost- The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
Requests to waive the Buy America Requirement must include the following:
• Waiver type (Public Interest, Non-Availability, or Unreasonable Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number, Assistance Listing number);
• A brief description of the project, its location, and the specific infrastructure involved;
• Total estimated project cost, with estimated federal share and recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured goods, and/or construction material(s) the recipient seeks to waive from the Buy America Preference, including name, cost, quantity(ies), country(ies) of origin, and relevant Product Service Codes (PSC) and North American Industry Classification System (NAICS) codes for each;
Special Terms and Conditions
28 • A detailed justification as to how the non-domestic item(s) is/are essential the project;
• A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and non-proprietary communications with potential suppliers;
• A justification statement—based on one of the applicable justifications outlined above—as to why the listed items cannot be procured domestically, including the due diligence performed (e.g., market research, industry outreach, cost analysis, cost-benefit analysis) by the recipient to attempt to avoid the need for a waiver. This justification may cite, if applicable, the absence of any Buy America-compliant bids received for domestic products in response to a solicitation; and
• Anticipated impact to the project if no waiver is issued.
The Recipient should consider using the following principles as minimum requirements contained in their waiver request:
• Time-limited: Consider a waiver constrained principally by a length of time, rather than by the specific project/award to which it applies. Waivers of this type may be appropriate, for example, when an item that is “non-available” is widely used in the project. When requesting such a waiver, the Recipient should identify a reasonable, definite time frame (e.g., no more than one to two years) designed so that the waiver is reviewed to ensure the condition for the waiver (“non-availability”) has not changed (e.g., domestic supplies have become more
available).
• Targeted: Waiver requests should apply only to the item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s) as necessary and justified. Waivers should not be overly broad as this will undermine domestic preference policies.
• Conditional: The Recipient may request a waiver with specific conditions that support the policies of IIJA/BABA and Executive Order 14017.
DOE may request, and the Recipient must provide, additional information for consideration of this wavier. DOE may reject or grant
Special Terms and Conditions
29 waivers in whole or in part depending on its review, analysis, and/or feedback from OMB or the public. DOEs final determination regarding approval or rejection of the waiver request may not be appealed.
Waiver requests may take up to 90 calendar days to process.
Term 44. Affirmative Action and Pay Transparency Requirements All federally assisted construction contracts exceeding $10,000 annually will be subject to the requirements of Executive Order 11246:
(1) Recipients and contractors are prohibited from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin.
(2) Recipients and contractors are required to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. This includes flowing down the appropriate language to all subrecipients, contractors and subcontractors.
(
3) Recipients and contractors are prohibited from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, under certain circumstances, the pay of their co
-wo
rkers.
T
he Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP) uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical Assistance Guide4 should be consulted to gain an understanding of the requirements and possible actions the recipients, subrecipients, contractors and subcontractors must take.
Term 45. Potentially Duplicative Funding Notice
If the Recipient have or receive any other award of federal funds for activities that potentially overlap with the activities funded under this Award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project funds (i.e., recipient cost share and federal funds) from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items under this Award. If there are identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding.
Term 46. Transparency of Foreign Connections
4 See OFCCP’s Technical Assistance Guide at:
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec 9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp
Special Terms and Conditions
30 During the term of the Award, the Recipient must notify the DOE Contracting Officer within fifteen (15) business days of learning of the following circumstances in relation to the Recipient or contractors:
1. The existence of any joint venture or subsidiary that is based in, funded by, or has a foreign affiliation with any foreign country of risk;
2. Any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an enterprise owned by a country of risk or foreign entity based in a country of risk;
3. Any current or pending change in ownership structure of the Recipient or contractors that increases foreign ownership related to a country of risk;
4. Any current or pending venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of risk;
5. Any current or pending technology licensing or intellectual property sales to a foreign country of risk; and
6. Any current or pending foreign business entity, offshore entity, or entity outside the United States related to the Recipient or subrecipient.
Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.
The Recipient must provide DOE with advanced written notification of any potential collaboration with foreign entities, organizations or governments in connection with its DOE-funded award scope. The Recipient must await further guidance from DOE prior to contacting the proposed foreign entity, organization or government regarding the potential collaboration or negotiating the terms of any potential agreement.
b. Existing collaborations with foreign entities, organizations and governments. The Recipient must provide DOE with a written list of all existing foreign collaborations in which has entered in connection with its DOE-funded award scope.
c. Description of collaborations that should be reported: In general, a collaboration will involve some provision of a thing of value to, or from, the Recipient. A thing of value includes but may not be limited to all resources made available to, or from, the recipient in support of and/or related to the Award, regardless of whether or not they have monetary value. Things of value also may include in-kind contributions (such as office/laboratory space, data, equipment, supplies, employees, students).
In-kind contributions not intended for direct use on the Award but resulting in provision of a thing of value from or to the Award must also be reported.
Collaborations do not include routine workshops, conferences, use of the Recipient’s services and facilities by foreign investigators resulting from its standard published
Special Terms and Conditions
31 process for evaluating requests for access, or the routine use of foreign facilities by awardee staff in accordance with the Recipient’s standard policies and procedures.
________________________________________________________________ Authorized Signature Date
Name:
Title:
Entity Name:
EECBG Program: Energy Efficiency and Conservation Strategy Template for Local Governments Local governments must submit a proposed Energy Efficiency and Conservation Strategy (EECS) to the Department of Energy (DOE) to meet the statutory requirements for the Energy Efficiency and Conservation Block Grant (EECBG) Program. The proposed EECS must include the information contained in Part A of this template. Local governments may use this streamlined EECS Template to meet the requirement, but the template is not required. If a local government chooses to submit an EECS using an alternative format, the information outlined in Part A must be included in the submission.
Local governments have the option of submitting their EECS at the time of application or no later than 1 year after the effective date of the award. If the latter option is chosen, the EECS should be a comprehensive strategy that covers, at a minimum, all items detailed in this template. DOE will provide informational resources and technical assistance to support the development of comprehensive strategies.
Local governments that do not submit an EECS with their application must submit an EECBG Program Activity File with their application and select Activity 1 (Energy Efficiency and Conservation Strategy).
NOTE: All text fields are limited to 2000 characters.
Part A:
Grantee: City of Vallejo
Date: February 5, 2024
UEI Number: KJKSES96KUN9
Program Contact Email: [email protected]
1) Local governments must include within their proposed strategy a description of their goals for increased energy efficiency and conservation in the jurisdiction. Does your local government have existing energy efficiency and conservation or related goals? a. Yes
i. What goals do you have? (check all that apply)
1. GHG reduction goal
a. Specific goal (e.g., 80% GHG reduced from 1990 levels) Vallejo plans to reduce greenhouse gas emissions to 80% from 1990 levels.
b. By what year? (e.g., 2050)
i. By 2050.
2. Energy use reduction goal
a. Specific goal: Reduce energy consumption from City
facilities by at least 20%.
b. By what year?: 2035.
3. Clean energy use goal
a. Specific goal: PACE program
b. By what year?
4. EV adoption goal
a. Specific goal
b. By what 1 year?
5. Job creation goal
a. Specific goal
2 b. By what year?
6. Job quality goal
a. Specify goal
b. By what year?
7. Other
a. Specific goal
b. By what year?
b. No, our local government does not have an existing goal, but we are selecting the following goal as part of our strategy. If you select option 5, you must also select from options 1-4 or option 6 (may select more than one option). i. Carbon neutrality by 2050 or sooner
ii. Reduce energy use by 50% by 2050 or sooner
iii. 100% carbon-free energy use by 2050 or sooner
iv. 80% EV adoption by 2050 or sooner
v. Pay prevailing wages for all construction and maintenance projects by 2025
vi. Other
2) Does your local government have an existing plan or strategy document (e.g., climate action plan, energy conservation plan, comprehensive energy plan, etc.) to reduce energy use, increase energy efficiency, reduce emissions, or train workers for high-quality energy efficiency jobs?
a. Yes
i. Please attach/submit/link your plan- Vallejo CAP attached. ii. Do you intend to update your plan in the next two years?
1. Yes
a. Are you planning to use any of your EECBG Program funds to update your plan?
i. Yes
ii. No
b. What updates do you intend to make to your plan?
Set EV Charging Stations protocols and deployment in
selected high transit locations.
b. No
i. Please briefly describe your strategy to achieve your goals listed in Question 1
The City encourages every resident, employee, and neighbor of Vallejo to become involved in the Climate adaptation planning process and to contribute their vision for a sustainable future. The City prepared a Climate Action Plan (CAP) to both address the most severe climate change concerns affecting all residents, targeting vulnerable subgroups to include Seniors, lower-income households, disabled persons, veterans, and people facing homelessness. The vision is to improve the quality of life for all people.
3) Are you planning to use a blueprint (see Section 4.5 of the EECBG Program Formula Grant Application Instructions document for more details)?
a. Yes
i. Which one(s)?
1. Energy Planning
2. Energy Efficiency
a. Energy Efficiency: Building Audits and Retrofits, including grid interactivity and electrification
b. Energy Savings Performance Contracts for Efficiency & Electrification in Municipal Buildings
c. Building Efficiency & Electrification Campaign
3 d. Building Performance Standards for Existing Buildings and Stretch Codes for New Construction
3. Renewables
a. Solar (and battery storage) Power Purchase Agreement (PPA)
b. Community Solar
c. Solarize Campaign
d. Renewable Resource Planning for Communities
4. Transportation
a. Electric Vehicles for Municipal Fleets
b. EV Charging Infrastructure for the Community
5. Unlocking Sustainable Financing Solutions for Energy Projects and Programs
6. Workforce Development
ii. How does this blueprint help you meet your strategy/goals? b. No
i. What category of work do you plan to apply your EECBG Program funds to? (check all that apply)
1. Strategy development
a. Developing goals
b. Developing measures to track progress
c. Providing annual reporting on goals
2. Technical consultant services to assist in strategy development
3. Building energy audits
a. Residential
b. Commercial
c. Industrial
d. Municipal
4. Financial programs
a. Loan programs
b. Performance contracting programs
c. Rebates/grants
d. Incentives
e. Other
5. Energy efficiency retrofits
a. Residential
b. Commercial
c. Industrial
d. Municipal
6. Energy efficiency and conservation programs for buildings and facilities
a. Residential
b. Commercial
c. Industrial
4 d. Municipal
7. Transportation Programs
a. Electric vehicle planning
i. Municipal
ii. Communitywide
b. Purchasing of electric vehicles
c. Installation of electric vehicle chargers
i. Municipal
ii. Communitywide
d. Use of flex time by employers
e. Satellite work centers
f. Zoning guidelines or requirements that promote energy efficient development
g. Infrastructure, such as bike lanes and pathways and
pedestrian walkways
h. Synchronization of traffic signals
i. Public transit system improvement investments
j. Other
8. Building codes and inspections
a. Updating building codes
b. Improving enforcement/compliance with building codes c. Building performance standards
d. Other
9. Energy distribution technologies for energy efficiency a. Distributed resources
b. District heating and cooling systems
c. Other
10. Material conservation programs
a. Source reduction
b. Recycling
c. Composting
d. Sustainable procurement
e. Other
11. Reduction and capture of methane and other greenhouse gases generated
a. Landfills
b. Wastewater treatment facilities
c. Other
12. Traffic signals and street lighting upgrades
13. Renewable energy on government buildings
a. Solar
b. Wind
c. Fuel cells
d. Biomass
5 14. Programs for financing, purchasing, and installing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure)
15. Other (requires approval of Secretary)
ii. How will your use of funds help your unit of government meet its strategy/goals?
iii. Provide a brief description of your project(s)?
4) Local governments must coordinate and share information with the State in which the eligible local government is located regarding activities carried out using the grant to maximize the energy efficiency and conservation benefits under the EECBG Program. Have you coordinated and shared your planned activities with your State? a. Yes
i. Please describe how you plan to coordinate with your State The City will contact the State program for concurrent plans and future activities.
5) Local governments must take into account any plans for the use of funds by adjacent eligible local governments that receive grants under the EECBG Program. Have you taken into account how adjacent eligible units of local governments plan to use their funds? a. YesPart B.
1. Do you plan to collaborate with other eligible units of government? a. Yes, we are going to form a team and apply through a joint application i. List the names of the units of government
1. Which unit of government is serving as the lead applicant? ii. Please describe what your team plans to work on together b. Yes, we are going to informally collaborate
i. List the names of the units of government
ii. Please describe your planned collaboration
c. We are not yet sure if we are going to collaborate with others d. No
2. Are you planning to partner with other organizations including utilities, energy industry and financial companies, community-based organizations, labor unions, and other non-profit organizations for your project?
a. Yes
i. Please list your partners
b. No
3. Have you engaged local stakeholders (such as utilities, energy industry and financial companies, community-based organizations, labor unions, and other non-profit organizations) in the development of your plan and/or how you intend to use your EECBG Program allocation? a. Yes
b. No
4. Will this EECBG Program funding help you to access additional sources of funding? a. Yes
i. What kind? (Check all that apply)
1. Local government
2. State government
3. Federal
government
4. Philanthropic
5. Private sector
6. Other
b. No i. Would you like assistance in identifying other sources of funding?
1. Yes
2. No
5. Do you anticipate needing support for your project development/implementation? a. Yes
i. What kind? (check all that apply)
1. Policy, planning and program design
2. Retrofits
3. Engineering and modeling
4. Stakeholder engagement
5. Program administration and implementation support
6. Outreach, education and advertising
7. Other
b. No
6. Do you anticipate the project(s) you use this funding for will continue after the EECBG Program funding period?
a. Yes
i. Describe how the project(s) have been designed to ensure that it sustains benefits beyond the EECBG Program funding period
Replacement of substandard streets lighting with LEED certified lighting deployed at major intersections will provide sustainable energy that is cost effective and improves public safety, visibility during inclement weather. b. No
i. What would help you to continue? (check all that apply)
1. Local sustainable financing
2. Public and local political support
3. Staff capacity
4. Other
7. How do you intend for your project(s) to benefit disadvantaged communities? 1 (check all that apply)
a. Benefits include (but are not limited to) measurable direct or indirect investments or positive project outcomes that achieve or contribute to the following in disadvantaged communities:
i. A decrease in energy burden2
ii. A decrease in environmental exposure and burdens
iii. An increase in access to low-cost capital
iv. An increase in job quality (including paying prevailing wages for construction and maintenance projects by 2025)
1 Justice40 Initiative | Department of Energy
2 The Initiative for Energy Justice https://iejusa.org/gl6 ossary-and-appendix/#glossary_of_terms 7 v. An increase in clean energy enterprise creation and contracting (e.g., minority- owned or disadvantaged business enterprises)
vi. An increase in clean energy jobs, job pipeline, and job training for individuals from disadvantaged communities
vii. An increase in parity in clean energy technology access and adoption viii. An increase in energy democracy
ix. Other
1. Please explain
8. How will your strategy support the goal that 40% of the overall benefits of certain federal investments flow to disadvantaged communities, in line with the Justice40 initiative? Fonroche Lighting America
10F Roessler Road
Woburn, MA 01801
(339) 225-4530
Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.
Seller's Terms and Conditions of Sale may be viewed at https://www.fonrochesolarlighting.com/about-us/terms/.
Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the USD 126,244Quote Total
USD 6,900Shipping & Handling
Est.
USD 119,344Total Line Items
Shipping estimated; final cost determined on day of shipping and added to invoice.
Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.
United StatesShip To
City of VallejoShip To Name
12-14 WeeksEst. Lead Time
7/21/2023Quote Expiration
Date
4/21/2023Quote Date
Vallejo CA- Mare Island Way and ParkingQuote Name
00081470Quote Number
Prices are FOB OriginShipping Terms
50% deposit, 50% Net 30 from Ship
Date-contingent on credit approval
Payment Terms
Austin BrennanOpportunity Owner
Fonroche Model
Number Fonroche Product Description Price
System Quantity Amount
2[CK16B-4K-TBD]
2[P310F-4P]HW-MC
POLE: 25Ft. Round
Tapered
Pole-Anchor
Base-2-4FT Arm
Fixture Color - BK
SmartLight Assembly with 2496Wh-24V NiMH Battery , special extreme temperature (from -40°C to +70°C), 2 x 310W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Double Single Fixture configuration. Twin CK16B Fixture 4K Color Temp.-Type TBD - . Power Assembly color is black. High wind and enhanced marine coating.
25Ft. Round Tapered Pole-Anchor Base-2-4FT Arm
5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Assumes No Shading | Assumes little or no snow
10 Degrees Tilt
100% =0 Watts worst case conditions.T-PM: 0 hrs. @100% | T-N (Balance of night) @20% | T-AM: 0 hrs. @100%
USD
7,058 11.00 USD
77,638
[CK16B-4K-T2]
[P310F-4P]HW-MC
POLE: 25Ft. Round
Tapered
Pole-Anchor
Base-1-4FT Arm
Fixture Color - BK
SmartLight Assembly with 1248Wh-24V NiMH Battery , special extreme temperature (from -40°C to +70°C), 310W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Single Fixture configuration. Single CK16B Fixture 4K Color Temp.-Type 2 - . Power Assembly color is black. High wind and enhanced marine coating.
25Ft. Round Tapered Pole-Anchor Base-1-4FT Arm
5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Assumes No Shading | Assumes little or no snow
10 Degrees Tilt
100% =0 Watts worst case conditions.T-PM: 0 hrs. @100% | T-N (Balance of night) @20% | T-AM: 0 hrs. @100%
USD
4,634 9.00 USD
41,706
This quotation is subject to the following terms and conditions Fonroche Lighting America
10F Roessler Road
Woburn, MA 01801
(339) 225-4530
Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighting America is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commission.
EECBG PROGRAM PRE-AWARD INFORMATION SHEET
Each Energy Efficiency and Conservation Block Grant (EECBG) Program recipient shall provide the following information on behalf of itself and all subrecipients and certify that the information is accurate and complete.
Recipients may choose to provide this information in whatever format they like, as this form is optional.
EECBG Program recipients representing local and tribal entities may select from two options: 1) a grant or 2) a voucher for technical assistance and/or equipment rebates. EECBG Program recipients choosing a grant must provide data requested in sections 1 through 8 below. EECBG Program recipients choosing a voucher may skip sections 4 through 7. Please submit this form to the EECBG Program Inbox: [email protected].
SECTION 1: CONTACT & LOCATION INFORMATION (All recipients) Recipient Name: Award Number:
UEI: DUNS
(if applicable):
Business Officer: BO Phone
Number/Email:
Principal
Investigator (PI):
PI Phone
Number/Email:
A. TYPE OF ORGANIZATION – Please indicate the type of organization of the Recipient by selecting one of the following:
☐ Local Government
☐ Tribal Government
☐ State
B. LOCATION AND CONGRESSIONAL DISTRICT
List the address and Congressional district(s) f or the primary location where the grant will be performed.
Street Address:
City:
State:
Zip:
Congressional District(s):
SECTION 2: GRANT OR VOUCHER (All recipients)
EECBG Program recipients representing local and tribal entities must select whether to receive their EECBG Program award in the form of a grant or a voucher for technical assistance and/or equipment rebates. Please indicate your choice here. All States & Territories must select “Grant.” (Select one option) [response to this question is non-binding] ☐ Voucher for Technical Assistance
☐ Voucher for Equipment Rebate
☐ Voucher for both Technical Assistance and Equipment Rebate ☐ Grant
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age 2 of 10
SECTION 3: BUSINESS ASSURANCES (All recipients)
A. DISCLOSURE OF POTENTIAL IMPROPRIETIES
Below, please disclose if any of the following conditions exist. If the answer to any question (a) through (g) below is yes, provide a detailed explanation in an attachment to this form. a. Is the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals1 under investigation for or charged with a covered offense2?
☐ Yes
☐ No
b. Has the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals bee n c
onvicted of a covered offense in the last five years or had a civil judgment rendered against them for one of those offenses in that time period?
☐ Yes
☐ No
c. Is the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals under investigation for potential violation of U.S. export control laws and regulations, or has the proposed R
ecipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals been convicted of any vi
olations of U.S. export control laws and regulations?
☐ Yes
☐ No
d. Is the proposed Recipient or Subrecipient(s) under investigation for potential violations of the Drug- Free W
orkplace Act of 1988, or has the proposed Recipient or Subrecipient(s) been convicted of any violations of the Drug-Free Workplace Act of 1988?
☐ Yes
☐ No
e. I
s the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals under investigation for research misconduct, or has the proposed Recipient, Subrecipient(s), or the Recipient’s or Subrecipient’s principals been convicted of research misconduct? ☐ Yes
☐ No
f. Has any Federal Agency recommended or initiated proceedings against the proposed Recipient, S
ubrecipient(s), or the Recipient’s or Subrecipient’s principals for suspension or debarment, or is the proposed Recipient, Subrecipient(s), or the Recipient’s or Subrecipient’s principals debarred, suspended, publ
icly banned from doing business with the Federal government, or otherwise declared ineligible from 1 For this form, “principal” means: (1) An officer, director, owner, partner, PI, or other person (as defined in 2 C.F.R. 180.95) within the Project Team with management or supervisory responsibilities related to this project and any resulting transaction; or (2) A consultant or other person, whether or not employed by the Recipient, Subrecipient, or their principals, or paid with Federal funds, who (a) i
s in a position to handle Federal funds, (b) is in a position to influence or control the use of those funds, or (c) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform t he t
ransaction, including but not limited to, any Co-PIs.
2 For this form, “covered offenses” include: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (2) Violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasi on, receiving stolen pr
operty, making false claims, or obstruction of justice; or (4) Commission of any other offense indicating a lack of busines s integrity or business honesty that seriously and directly affects the Recipient’s present responsibility.
Pag
e 3 of 10
receiving Federal Contracts, subcontracts or financial assistance? ☐ Yes
☐ No
g.
Is the proposed Recipient or Subrecipient(s) delinquent on federal debt or insolvent or at risk of insolvency or have the proposed Recipient or Subrecipient(s) filed for bankruptcy in any domestic or foreign jurisdiction?
☐ Yes
☐ No
B. POTEN
TIAL CONFLICTS OF INTEREST
1. Fi
nancial Conflicts of Interest. The Recipient must disclose in writing any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators) and include sufficient information to enable DOE to understand the nature and extent of the financial conflict, and to assess the appropriateness of the non-Federal entity's management plan. See Section V(b)(3) of the DOE Interim Conflict of Interest Policy. As part of this DOE funded project, does the recipient or any subrecipients have any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators)?
☐ No
☐ Y
es. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section V(b)(3).
C. Org
anizational Conflicts of Interest3. The Recipient must disclose in writing any potential or actual organizational conflict of interest to DOE. See DOE Interim Conflict of Interest Policy Section VI and 2 CFR 200.318 for more information. As part of this DOE funded project, does the recipient or any subrecipients intend to engage in a procurement with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe?
☐ No
☐ Yes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section VI. **Recipients choosing a voucher may skip to Section 8** SE
CTION 4: PAYMENT INFORMATION (Grant recipients only)
Provide (1) the awardee seven-digit ASAP (Automated Standard Application for Payment System) ID number that is under the DOE / Golden Field Office (GO) Agency Locator Code (ALC) and Region Code (#8900-0001-04) if available; (2) the name, phone number and email for the ASAP / Payments Contact Person; and (3) indicate whether the preferred payment method is by advance or reimbursement.
1) ASAP
Number:
2) ASAP/Payments Contact Person:
3) The preferred payment method is:
3 Organizational Conflict of Interest means a situation where because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 2 CFR 200.318(c)(2).
P
age 4 of 10
SECTION 5: PERFORMANCE AND FINANCIAL INFORMATION REQUEST (Grant recipients only) B
efore providing this information, please read the ADDITIONAL INFORMATION at the end of this form. Each field identified below must be completed.
1. Has
the Recipient had prior Federal awards? ☐ Yes ☐ No
If
Yes:
Is the Recipient up to date on all reporting requirements on all other current and ☐ Yes ☐ No prior awards, including submitting acceptable final technical reports, with other Federal or non-Federal organizations? If you check No to this question, please attach an explanation.
2 a. Has the Recipient had an independent Single Audit or independent Compliance ☐ Yes ☐ No Audit per Federal regulations, or had a prior Defense Contract Audit Agency (DCAA) Audit performed? (Please see attached instructions regarding Independent Audit requirements.) 2b.
Has the Recipient undergone a Financial Audit within the last 3 years? ☐ Yes ☐ No If
Yes to either 2a. or 2b.:
a. A copy of the audit is attached to this form. ☐ Yes ☐ No b. An electronic copy of the audit was provided with application package. ☐ Yes ☐ No An electronic copy of the audit can be found at
If
audit was not provided, please explain why it has not been completed and/or provided:
3. Recipient’s fiscal year end date is
4a.
Identify the Federal Agency providing the preponderance of funding from ALL Government Awards which the Recipient’s organization is/was the prime recipient, including any DOE Awards.
Provide Agency name, Cognizant Agency point of contact (individual in charge of negotiating billing rates), phone number, and e-mail.
(If the Recipient’s organization has a DCAA contact, please provide this information in 4(c) below):
Agency:
Point of Contact:
Phone/Email:
4 b. DCAA Contact Information:
DCAA Office:
Point of Contact:
Phone/Email:
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age 5 of 10
SECTION 6: FINANCIAL MANAGEMENT SYSTEM – ACCOUNTING SYSTEM SURVEY (Grant recipients only)
T
o qualify for Financial Assistance, compliance with 2 CFR 200 as amended by 2 CFR 910 is required. This includes assurance of an adequate accounting system for estimating, accounting and billing for governmental funding received.
Please complete the checklist below as assurance of this requirement.
F
or additional information, please visit https://www.dcaa.mil. Please refer specifically to the “Pre-award Accounting System Adequacy Checklist” under CUSTOMERS-->Checklists and Tools.
Yes No NA
1. Is the Accounting System in accordance with Generally Accepted Accounting Principles applicable to the circumstances and associated applicable Federal regulations? ☐ ☐ ☐
2. Accounting System provides for:
a. Segregation of direct costs from indirect costs. ☐ ☐ ☐ b. I
dentification and accumulation of direct costs by project. ☐ ☐ ☐ c. A logical and consistent method for the allocation of indirect costs to intermediate and final cost objectives. (Project line items are final cost objective) ☐ ☐ ☐ d. A
ccumulation of costs under general ledger control. ☐ ☐ ☐ e. A timekeeping system that identifies employees’ labor by intermediate and final cost objective (i.e., project level, division level). ☐ ☐ ☐ f. A labor distribution system that charges direct and indirect labor to appropriate cost objectives. ☐ ☐ ☐
g. Interim (at least monthly) determination of costs charged to a project through routine posting of books of account. ☐ ☐ ☐
h. Excluding costs charged to Government projects which are not allowable in terms of FAR 31, Contract Cost Principles and Procedures, or other provisions. ☐ ☐ ☐ i. Identification of costs by project line item and by units (as if each unit or line item were a separate project) if required by the proposed award. ☐ ☐ ☐
3. Is the Accounting System designed, and are the records maintained in such a manner that adequate, reliable data are developed for use in developing cost proposals? ☐ ☐ ☐
4. Is the Accounting System currently in full operation? ☐ ☐ ☐ SECTION 7: REPRESENTATION/CERTIFICATION (Grant recipients only) C
ertification of the information is required by the organization’s authorized representative ☐ I certify that I have registered in the System for Award Management (SAM). ☐ I certify that I have registered in FedConnect.net in order to receive award documentation. ☐ I certify that all subrecipient cost information has been reviewed, and that all subrecipient costs are reasonable, allowable, and allocable in accordance with the applicable cost principles. All subrecipient budget documents should be available upon DOE request.
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age 6 of 10
☐ I certify that all direct costs proposed in the application (under the personnel, travel, equipment, supplies, c
ontractual, construction, and/or other direct costs categories) are direct to the project and are not duplicated in the proposed indirect costs.
☐ I certify that the processes undertaken to solicit any subrecipients, subawards, subcontracts and vendors comply w
ith our organization’s written procurement procedures as outlined in “Procurement Standards” 2 CFR 200.317 t
hrough 2 CFR 200.326 inclusive.
☐ I certify the Recipient:
(1) H
as in effect an up -to-date, written, and enforced administrative process to identify and manage conflicts of interest with respect to all projects for which financial assistance funding is sought or received from DOE; (2) S ha
ll promote and enforce Investigator compliance with DOE’s Interim Conflict of Interest (COI) Policy's requirements including those pertaining to disclosure of significant financial interests; (3)
S
hall manage financial conflicts of interest and provide initial and ongoing financial conflicts of interest reports to DOE;
(4)
A
grees to make information available, promptly upon request, to DOE relating to any Investigator disclosure of financial interests and the Recipient’s review of, and response to, such d isclosure, whether or not the disclosure resulted in the Recipient’s determination of a financial conflict of interest; and (5) S
hall fully comply with the requirements of the DOE Interim COI Policy.
S
ECTION 8: SIGNATURES (All recipients)
I
, the Authorization Official named below, represent by my signature that I am authorized to certify this information on behalf of the Recipient. I certify to the best of my knowledge and belief that the information contained in this Pre- Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above.
N
ame:
Title:
Signature of Authorized
Official:
Date:
I, the Principal Investigator named below, certify to the best of my knowledge and belief that the information contained in this Pre-Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above.
Name:
Title:
Signature of Principal
Investigator:
Date:
ADDITIONAL INFORMATION
This information will assist DOE in determining: 1) cognizance; 2) whether the Recipient has adequate internal financial and management controls; and 3) whether the Recipient has an adequate accounting system. Generally, cognizance means that an organization has a Federal oversight agency (cognizant agency). Cognizance of an organization is used for many purposes including: determining which agency is responsible for verifying correct allocation of indirect rates to incurred costs; issuing the Provisional and Final Indirect Rate Agreements; and ordering audits. Adequate internal controls and accounting systems are essential to ensure that the Recipient’s costs are correctly estimated, recorded, and billed. The Recipient has the responsibility to ensure that these systems are in place. The cognizant Agency has the responsibility for verifying these systems through audits or other methods.
For additional information, please visit https://www.dcaa.mil. Please refer specifically to the “Pre-award Accounting System Adequacy Checklist” under CUSTOMERS-->Checklists and Tools.
Cognizance is determined by TOTAL Federal award/contract dollars received by the Recipient/Contractor from all Federal agencies. This information is used to determine which Federal agency has the largest preponderance of funding and is cognizant. Once a Federal agency assumes cognizance for a contractor, it should remain cognizant for at least 5 years to ensure continuity and ease of administration.
Cognizance related duties are the responsibility of the Cognizant Federal Agency (CFA). The CFA is the Federal agency (e.g., Department of Defense, Department of Energy, Navy, etc.) that provided the preponderance (largest amount) of funding for your awards, across all federal agencies. It is very important to confirm that you work with the correct office.
General Rule of Thumb: Department of Health & Human Services (DHHS) is usually the CFA for Universities, Cities, States, and Counties. DHHS cognizance is not usually transferred.
If it is determined that the Department of Energy/Golden Field Office (GO) is the Cognizant Federal Office, the Recipient will have the following ANNUAL responsibilities:
1. Submit a Certified Annual Incurred Cost Claim (ICE Model – see #3 below) to the GO Cost/Price mailbox ([email protected]). This should represent the total organization's costs (representing the Company General Ledger), not just the Recipient’s DOE award(s).
2. Due Date: 180 days after the Recipient’s fiscal year end.
3. For an example of the ICE Model, please visit https://www.dcaa.mil. Under “CUSTOMERS->Checklists and Tools”, click on ICE (Incurred Cost Electronically) Model and download the ICE model.
Once the information is received, GO will have the responsibility of providing your organization with an annual indirect rate agreement. This indirect rate must be used on all Federal grants and contracts.
If it is determined that GO is not the Cognizant Federal Office, the Recipient should contact the Cognizant Office for additional instructions.
ANNUAL AUDIT REQUIREMENTS
Independent (Single & Compliance) Audit Requirements
2 CFR 200, Section F located at:
http://www.ecfr.gov/cgi-bin/text-
idx?SID=6e187b05cfeca4f534c659f20983b14e&mc=true&node=pt2.1.200&rgn=div5
For-Profits: 2 CFR 910, Section F located at:
http://www.ecfr.gov/cgi-bin/text-idx?node=pt2.1.910&rgn=div5
Below are excerpts from Section F.
Audit requirements.
(a) Audit required. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single (program-specific, not applicable for For-Profits) or compliance audit conducted for that year in accordance with the provisions of this part.
(b) Single audit. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with §200.514 - Scope of audit except when it elects to have a program-specific audit conducted in accordance with paragraph (c) of this section.
(b) Compliance audit. (1) If a for-profit entity has one or more DOE awards with expenditures of $750,000 or more during the for-profit entity's fiscal year, they must have a compliance audit for each of the awards with $750,000 or more in expenditures. A compliance audit should comply with the applicable provisions in §910.514—Scope of Audit.
The remaining awards do not require, individually or in the aggregate, a compliance audit.
(c) Program-specific audit election. (Not applicable to For-Profits). When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted in accordance with §200.507 Program-specific audits. A program-specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program-specific audit.
(d) Exemption when Federal awards expended are less than $750,000. A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part.
(f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor.
Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section §200.331 Subrecipient and contractor determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor.
(g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards.
(h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient must describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the agreement, and post-award audits. See also §200.332 Requirements for pass-through entities.
CONSENT CALENDAR 8.F.
DATE: September 24, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ZERO FOODPRINT IN THE AMOUNT OF $189,476 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a Resolution approving a Consultant and Professional Services Agreement with Zero Foodprint in the amount of $189,476 and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
SB 1383 requires jurisdictions to annually procure a quantity of recovered organic waste products such as compost, mulch, renewable gas, or electricity from biomass. Zero Foodprint will facilitate the procurement of compost on behalf of the City to meet its annual procurement target for calendar years 2024 and 2025, which will ensure the City’s compliance with this component of SB 1383 regulations.
BACKGROUND AND DISCUSSION
Effective January 1, 2022, California’s Short-Lived Climate Pollutant Reduction Strategy (SLCP), or SB 1383, required the State to reduce organic waste disposal in landfills by 75% and recover at least 20% of edible food for human consumption by 2025. Landfills are the third largest source of methane emissions, a climate pollutant 84 times more potent than carbon dioxide. Organic waste disposal in landfills, such as food waste, yard trimmings, and cardboard, contributes to 20% of State methane emissions.
SB 1383 requires jurisdictions to annually procure a quantity of recovered organic waste products such as compost, mulch, renewable gas, or electricity from biomass. The annual procurement target is based on 0.08 tons of organic waste per resident. By multiplying the procurement target value of 0.08 tons by the total population, as reported by the State Department of Finance, the City is required to procure 9,428 tons of recovered organic waste products annually.
The City is required to meet a 65% procurement target by January 1, 2024, and 100% of the procurement target by January 1, 2025. However, the Regulations do not require jurisdictions to use the products generated within the jurisdiction. Therefore, jurisdictions can meet their procurement requirement by contracting with an outside service provider that uses recovered organic waste products, such as compost, on behalf of the jurisdiction.
Zero Foodprint is a nonprofit organization that focuses on regenerative agriculture and specializes in providing services to local jurisdictions to assist in meeting compliance with SB 1383’s recovered organic waste product procurement requirements. Zero Foodprint will use funds provided by the City to provide reimbursements to incentivize farmers to acquire and use compost solely from acceptable sources per SB 1383 regulations. Zero Foodprint will also obtain and provide all necessary documentation required by CalRecycle.
On behalf of the City, Zero Foodprint will procure 3,554.4 tons of compost for calendar year 2024, at a cost of $74,642, and 5,469 tons of compost in 2025 at a cost of $114,834. The City will be invoiced for each calendar
Date: September 24, 2024
Subject:
ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ZERO FOODPRINT IN THE AMOUNT OF $189,476 AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAME
year, only for the tonnage of compost actually procured. It should be noted that the City received a grant from CalRecycle in the amount of $323,093 and those grant funds will be used to cover the entire cost of the compost procurement.
FISCAL IMPACT
All costs associated with the Agreement will be funded by the SB 1383 Local Assistance Grant. No additional funding or increase in expenditure will be required or necessary.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate.
ATTACHMENTS
1. Zero Foodprint Resolution_CAO Stamp
2. Zero Foodprint - 2024 Consultant Professional Services Agreement_CAO Stamp
CONTACT
Melissa Tigbao,PE, Public Works Director (707) 648-4455 [email protected]
RESOLUTION NO. 24______N.C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ZERO FOODPRINT IN THE AMOUNT OF $189,476 AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
WHEREAS, the Department of Resources Recycling and Recovery (CalRecycle) offers various grant programs to further the State of California’s (State’s) efforts to reduce, recycle, and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, on January 1, 2022; SB1383 - California’s Short-Lived Climate Pollutant Reduction Strategy required the State to reduce organic waste disposal in landfill by 75% and recover at least 20% of edible food for human consumption by 2025, and
WHEREAS, the City is required to meet a 65% procurement target by January 1, 2024 and a 100% procurement target by January 1, 2025; and
WHEREAS, Zero Foodprint is a nonprofit organization that incentivizes farmers to acquire and use organic waste materials as compost; and
WHEREAS, Zero Foodprint will procure 3,554.4 tons of compost from the City for calendar year 2024, at a cost of $74,642 and 5,469 tons of compost in 2025 at cost of $114,834; and WHEREAS, said procurement will ensure the City’s compliance with this component of SB1383.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby approve a Consultant and Professional Services Agreement with Zero Foodprint in the amount of $189,476, attached hereto as Exhibit A and incorporated by reference.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute said Agreement, with any modifications recommended by the City Attorney and for the City Clerk to attest.
Adopted by the City Council of the City of Vallejo at a regular meeting held on Sept 24, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
ROBERT MCCONNEL, MAYOR
__________________________________
DAWN ABRAHAMSON, CITY CLERK
ATTEST:
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 11
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
ZERO FOODPRINT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 25th day of September 2024, by and between the City of Vallejo, a municipal corporation ("City"), and Zero Foodprint, a California non-profit public benefit organization, hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 11
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 11 Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 11
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on September 25, 2024 and shall continue in full force and effect until January 31, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 11 Agreement, including the exercise of any options under this section, shall not exceed five years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 11 in Adobe Acrobat PDF format.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national Consultant and Professional Services Agreement (Revised 01.2019) Page 7 of 11 origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City:
Derek Crutchfield
Recycling Coordinator
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant:
Leo Beckerman
Director of Operations
Zero Foodprint
2370 Market St.
Suite 103, Box #332
San Francisco, CA 94114
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the Consultant and Professional Services Agreement (Revised 01.2019) Page 8 of 11 entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant and Professional Services Agreement (Revised 01.2019) Page 9 of 11 Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Consultant and Professional Services Agreement (Revised 01.2019) Page 10 of 11 Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Consultant and Professional Services Agreement (Revised 01.2019) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Zero Foodprint,
a California non-profit public benefit
organization
By:
Leo Beckerman
Director of Operations
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO FORM:
Veronica Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 6 Exhibit A – Scope of Work
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Derek Crutchfield
Recycling Coordinator
Public Works Department
555 Santa Clara Street
Vallejo CA 94590
(707) 648-5346
(707) 653-8269
The Consultant’s Representative for this Agreement is:
Leo Beckerman
Director of Operations
Zero Foodprint
2370 Market St.
Suite 103, Box #332
San Francisco, CA 94114
(510) 214-2515
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Services to be Provided. The services provided shall be as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
3. Time for Performance. Consultant will perform the services according to the schedule contained in Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by the end of each calendar year.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 6 Exhibit A – Scope of Work
be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: NA
EXHIBIT A
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 6 Exhibit A – Scope of Work
SCOPE OF WORK
Zero Foodprint will provide the services below to facilitate the City of Vallejo’s (City’s) compliance with Senate Bill (“SB”) 1383’s recovered organic waste product procurement requirements, as described in the California Code of Regulations Title 14, Division 7, Chapter 12, Article 12 – Procurement of Recovered Organic Waste Products (14 CCR 18993.1 et seq.) (“SB 1383 Regulations”).
1.1 Zero Foodprint will use funds provided by City to provide reimbursements to incentivize farmers and other compost users (“Farmers”) to acquire and use recovered organic waste product (“compost”) that complies with the requirements of the SB 1383 Regulations.
1.2 Zero Foodprint will require Farmers to use compost only from acceptable sources per SB 1383 Regulations sec. 18993.1(f)(1) and will require that Farmers use the compost in a manner that satisfies the requirements of the SB 1383 Regulations.
1.3 Zero Foodprint will obtain from Farmers all the necessary documentation to ensure compliance with SB 1383 Regulations and provide that documentation to City.
1.4 Zero Foodprint will ensure that any compost procured on City’s behalf is not applied toward the SB 1383 recovered organic waste product procurement target of any other jurisdiction except as authorized by City.
1.5 Zero Foodprint and City agree that the Farmers are intended to be Direct Service Providers to City pursuant to SB 1383 Regulations sec. 18982(17). When Zero Foodprint procures compost on behalf of City, Zero Foodprint shall be the Direct Service Provider to City pursuant to SB 1383 Regulations sec. 18982(17).
2.Procurement Goal.
2.1 For calendar year 2024, Zero Foodprint will procure 3,554.4 tons or the equivalent or more of compost on the City’s behalf. Zero Foodprint will invoice City only for compost actually procured on City’s behalf.
2.2 For calendar year 2025, Zero Foodprint will procure 5,469 tons or the equivalent or more of compost on the City’s behalf. Zero Foodprint will invoice City only for compost actually procured on City’s behalf.
3.Documentation Provided to City.
Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 6 Exhibit A – Scope of Work
3.1 Zero Foodprint will provide to City the following documentation to verify procurement of compost by the Farmers on City’s behalf, in accordance with SB 1383 Regulations sec. 18993.2:
a. Agreements between Zero Foodprint and the Farmers;
b. Name, physical location, and contact information of each entity, operation, or facility from which the compost was procured; c. Amount of compost procured;
d. General description of how the compost was used;
e. Description of where the compost was applied;
f. Invoices or receipts for purchase of the compost.
3.2 Zero Foodprint will provide the documentation listed in section 3.1 above to City’s Recycling Coordinator or Public Works Director prior to the end of the calendar year or Procurement Term.
3.3 If the California Department of Resources Recycling and Recovery (“CalRecycle”) or other entity with oversight over City’s compliance with SB 1383 and the SB 1383 Regulations requests from City further documentation to establish procurement and use of the compost, Zero Foodprint will work with City to identify, obtain, and/or provide such documentation.
3.4 The Parties recognize that City’s documentation to satisfy SB 1383 compost procurement requirements is subject to CalRecycle’s approval.
Compost Requirements
As required in 14 CCR 18993.1(f)(1), compost procured to perform the Services shall meet the following criteria:
1) Materials:
a) Acceptable materials are:
i) Compost, including fine, medium, and coarse compost. ii) The portion of topsoil, biotreatment soil mix, or other blend that is compost. b) Unacceptable materials include:
i) Compost that exceeds state maximum limitations for pathogens, metals, and physical contaminants set forth in 14 CCR § 17868.2 – 17868.3.1. ii) Uncomposted compostable materials, including:
(1) Digestate
Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 6 Exhibit A – Scope of Work
(2) Biosolids/sewage sludge
(3) Manure
(4) Tree trimmings and green waste
iii) Biochar
iv) Fertilizers and soil amendments, including:
(1) synthetic fertilizer
(2) nitrolized sawdust
(3) gypsum
(4) urea
v) Topsoil, fill (except as described in (1)(a)(ii))
2) Sources:
a) Acceptable sources of compost: (per 14 CCR 18993.1(f)(1)):
i) A compostable material handling facility with a Full Solid Waste Facility Permit or Registration Permit, or that is authorized under the Enforcement City Notification Tier under 14 CCR § 17854.1
ii) A large volume in-vessel digestion facility that composts on-site. 3) Definitions:
a) “Biochar” means the charcoal product of biomass conversion through pyrolosis (along with ash and syngas).
b) “Biosolids” means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids includes the residue solids resulting from the co-digestion of anaerobically digestible material with sewage sludge. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works. 14 CCR 17852(a)(9)
c) “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. 14 CCR 17896.2(a)(4)
d) “Compostable material” means any organic material that when accumulated will become active compost. 14 CCR 17852(a)(11)
e) “Compostable Material Handling Facility permitted or authorized by 14 CCR § 17854.1” means a facility described by the tiered regulatory system adopted by the California Integrated Waste Management Board in 1994. f) “Digestate” means the solid and/or liquid residual material remaining after organic material has been processed in an in-vessel digester. 14 CCR 17896.2(a)(6)
Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 6 Exhibit A – Scope of Work
g) “Large Volume In-vessel Digestion Facility” means a facility that receives an average greater than 100 tons of solid waste per operating day or greater than 700 tons (2,800 cubic yards) per week of solid waste for digestion in an in-vessel digester. 14 CCR 17896.2(a)(15)
h) “Manure” is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine. 14 CCR 17896.2(a)(18)
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed One Hundred Eighty-Nine Thousand, Four Hundred Seventy-Six Dollars ($189,476.00). a) For services provided in calendar year 2024, the payment in the amount of Seventy-Four Thousand, Six Hundred Forty-Two Dollars ($74,642.00) will be made only after the compost has been procured and procurement documentation has been provided, reviewed and approved by the City. b) For services provided in calendar year 2025, the payment in the amount of One Hundred Fourteen Thousand, Eight Hundred Thirty-Four Dollars ($114,834.00 ) will be made only after the compost has been procured and procurement documentation has been provided, reviewed and approved by the City.
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses in the amount of Sixty- exceed One Hundred Eighty Nine Thousand, Four Hundred Seventy Six Dollars ($189,476.00) upon satisfactory completion of the services and delivery of the work product.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. The City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit B - Compensation
the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services. The Consultant has no billable hourly rates for this project.
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Derek Crutchfield
Recycling Coordinator
Public Works Department
555 Santa Clara Street
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit B - Compensation
Vallejo, CA 94590
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
C. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal 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.
B. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
C. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit C – Insurance Requirements
retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit C – Insurance Requirements
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
CONSENT CALENDAR 8.G.
DATE: September 24, 2024
TO: Mayor and Members of the City Council
FROM: Chari Francisco, Administrative Manager
Alicia M. Jones, Housing Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE HUD-REQUIRED CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2023-24
ADDRESSING AFFORDABLE HOUSING AND COMMUNITY DEVELOPMENT NEEDS IN
THE CITY OF VALLEJO
RECOMMENDATION
Adopt a resolution approving the required Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year (FY) 2023-24 (July 1, 2023, through June 30, 2024) for submission to the U.S. Department of Housing and Urban Development (HUD) by 90 days after the close of the fiscal year.
REASONS FOR RECOMMENDATION
The submission of the CAPER each year is one of the requirements in order for the City to continue to receive HUD funding for the Community Development Block Grant (CDBG), HOME Investment Partnerships, and other federal programs.
BACKGROUND AND DISCUSSION
The CAPER is an evaluation and performance report required by HUD as a condition of receiving the Community Development Block Grant (CDBG) Program, Home Investment Partnerships (“HOME”) Program, and certain other HUD grant funding and details the grantee's accomplishments toward meeting the goals outlined in its Annual Action Plan. The City's CAPER for FY 2023-24 reports on activities from July 1, 2023, through June 30, 2024, funded by HUD grants received by the City of Vallejo, particularly, the CDBG Program and the HOME Program. During FY 2023-24, the City, along with its non-profit partners, successfully advanced the predevelopment and ongoing construction of a Homeless Navigation Center, delivered public services to low- and moderate-income individuals, and provided rental assistance to those who were homeless or at risk of homelessness through funding from CDBG and HOME programs.
The FY 2023-24 CAPER also describes the City’s progress in achieving the objectives in the City’s Five-Year Consolidated Plan ("Consolidated Plan") for the period beginning July 1, 2020, and ending June 30, 2025. The Consolidated Plan is a five-year planning document required by HUD for jurisdictions that receive HUD entitlement grants and is intended to help address affordable housing and community development needs in the community. The Consolidated Plan is carried out through the Annual Action Plans, which provide a concise summary of the actions, activities, and specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. Grantees report on accomplishments and progress toward Consolidated Plan goals in the CAPER.
On August 27, 2024, public notices on the CAPER’s availability for review and comment, and the date of the public hearing were published in English, Spanish, and Tagalog in Vallejo's local newspaper, the Vallejo Times-Herald, a HUD requirement. Written comments on the CAPER were accepted from the public by 4:00 p.m. on September 12, 2024. No written comments were received. The Housing and Community Development (HCD) Commission held a public hearing on September 12, 2024, to receive comments on the draft FY 2023-
Date: September 24, 2024
Subject: ADOPT A RESOLUTION APPROVING THE HUD-REQUIRED CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2023-24 ADDRESSING AFFORDABLE HOUSING AND COMMUNITY
DEVELOPMENT NEEDS IN THE CITY OF VALLEJO
24 CAPER. After discussion, the HCD Commission voted unanimously to recommend approval of the CAPER by the City Council.
The deadline to submit the CAPER to HUD is within 90 days after the close of the fiscal year or by September 28, 2024. The submission of the CAPER each year is one of the requirements for the City to continue to receive HUD grant funding.
FISCAL IMPACT
There is no fiscal impact on the General Fund associated with this item.
By submitting the CAPER, the City complies with a HUD mandate, and maintains its eligibility for certain federal housing and community development funding.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Resolution Approving the Draft CAPER FY 2023-24 CAO Stamp
2. Draft CAPER FY 2023-24
3. Public Notices Dated August 27, 2024 for Draft CAPER FY 2023-24
CONTACT
Alicia M. Jones, Housing Director (707) 648-4408
[email protected]
Gilian Haen, Assistant City Manager (707) 648-4163
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. ________ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE CITY OF VALLEJO’S CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT FOR FISCAL YEAR 2023-24 (JULY 1, 2023 – JUNE 30, 2024) FOR SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) is an evaluation and performance report required by the U.S. Department of Housing and Urban Development (HUD) as a condition of receiving the Community Development Block Grant (CDBG) Program, Home Investment Partnerships (“HOME”) Program and certain other HUD grant funding and details the grantee's accomplishments toward meeting the goals outlined in its Annual Action Plan; and
WHEREAS, the City’s CAPER for Fiscal Year (FY) 2023-24 reports on activities from July 1, 2023, through June 30, 2024, funded by HUD grants received by the City of Vallejo particularly, the CDBG Program and the HOME Program; and
WHEREAS, the City is required to prepare a CAPER and submit it to HUD within 90 days after the close of the City’s fiscal year; and
WHEREAS, during FY 2023-24, the City, along with its non-profit partners, successfully advanced the predevelopment and ongoing construction of a Homeless Navigation Center, delivered public services to low- and moderate-income individuals, and provided rental assistance to those who were homeless or at risk of homelessness through CDBG Program and HOME Program funding; and
WHEREAS, the FY 2023-24 CAPER also describes the City’s progress in achieving the objectives in the City’s Five-Year (beginning July 1, 2020, and ending June 30, 2025) Consolidated Plan, a five-year planning document required by HUD for jurisdictions that receive HUD entitlement grants and is intended to help address affordable housing and community development needs in the community; and
WHEREAS, on August 27, 2024, public notices on the CAPER’s availability for review and comment by 4:00 p.m. on September 12, 2024, and the date of the public hearing were published in English, Spanish, and Tagalog in Vallejo's local newspaper, the Vallejo Times- Herald, a HUD requirement; and
WHEREAS, on September 12, 2024, Vallejo’s Housing and Community Development (HCD) Commission held a public hearing to receive comments on the Draft FY 2023-24 CAPER, and the HCD Commission voted unanimously to recommend approval of the Draft FY 2023-24 CAPER by the City Council; and
WHEREAS, the Council has reviewed the Draft FY 2023-24 CAPER on September 24, 2024.
NOW THEREFORE BE IT RESOLVED that the Council of the City of Vallejo approves the FY 2023-24 Consolidated Annual Performance and Evaluation Report.
BE IT FURTHER RESOLVED that the Council of the City of Vallejo authorizes the City Manager or his designees, the Assistant City Manager, Housing Director, or Housing Administrative Manager to prepare and submit to HUD the City’s FY 2023-24 CAPER, and any related applications or documents, and any amendments or corrections to such applications and documents.
Adopted by the Council of the City of Vallejo at a meeting held on September 24, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: __________________________________ DAWN G. ABRAHAMSON, CITY CLERK
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2023-24 (JULY 1, 2023 – JUNE 30, 2024)
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Vallejo's Housing and Community Development Department manages programs funded by the U.S. Department of Housing and Urban Development (HUD). In the 2023-24 Program/Fiscal Year (FY), spanning from July 1, 2023, to June 30, 2024, Vallejo received $1,035,447 in Community Development Block Grant funds. Additionally, at the start of FY 2023-24, the City received $561,954 in HOME Investment Partnerships Program funds. However, following a voluntary grant reduction request in response to a finding, this amount was later reduced to zero. This report details the accomplishments of the CDBG and HOME Programs within the fiscal year. Importantly, it highlights the fulfillment of several goals set in the City's fourth year of the Five-Year Consolidated Plan ("Consolidated Plan" or strategic plan). This strategic plan, required by HUD, targets housing affordability and community development over five years from July 1, 2020, to June 30, 2025, and received approval on July 21, 2020.
Annually, the City must submit an Annual Action Plan (AAP), detailing the use of HUD grant funds to address needs outlined in the Consolidated Plan. Prior to and following the drafting of the FY 2023-24 AAP, three public hearings and three written comment periods were held. On April 23, 2024, the Vallejo City Council unanimously agreed to approve the FY 2023-24 AAP.
During the 2023-24 Program Year, the City, along with its non-profit partners, successfully advanced the predevelopment of a Homeless Navigation Center, delivered public services to low- and moderate-income individuals in Vallejo, and provided rental assistance to those who were homeless or at risk of homelessness.
In the reporting period, almost $2 million of CDBG Program funds were spent, which included program income and carryover funds from the previous fiscal year (period of July 1, 2022 through June 30, 2023). The bulk of the FY 2023-24 CDBG grant funds was directed to the Homeless Navigation Center project. Utilizing CDBG Program funds, three non-profit partners delivered services to 338 Vallejo residents, including food, housing counseling, and comprehensive fair housing services.
Leasing of a permanent supportive housing project, Blue Oak Landing, at 2118 Sacramento Street, was completed within the current reporting period. The waiting list for Blue Oak Landing opened in December 2022, with the screening and leasing process commencing shortly after. By CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
August 2023, all 74 units were occupied by 95 individuals.
The Housing and Community Development (HCD) Department houses the Housing Authority of the City of Vallejo (HACV), which oversees the Housing Choice Voucher (HCV) Program, more commonly known as Section 8. This program, along with its subprograms—Project-Based Voucher, Family Self-Sufficiency, and HCV Homeownership—provides rental assistance to qualifying low-income households. Additionally, the HACV manages the Veterans Affairs Supportive Housing (VASH) Program, which merges HUD housing vouchers with supportive services from Veterans Affairs to assist veterans in securing and maintaining housing. The HACV is committed to ensuring participants have access to housing that is not only safe, sanitary, and of high quality but also contributes to the enhanced well-being of Vallejo families. For FY 2023-24, the HACV has served over 1,400 clients through its HCV and VASH Programs.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Homebuyer
Assistance
Affordable
Housing
HOME: $
Direct Financial
Assistance to
Homebuyers
Households
Assisted
25 0
0.00%
Homeless
Navigation
Center
Homeless
CDBG: $ /
Private
Foundations: $
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 125 0
0.00%
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Homeless
Navigation
Center
Homeless
CDBG: $ /
Private
Foundations: $
Other Other 0 0 125 0
0.00%
Non-
Homeless
Special
Needs
Services
Non-Homeless
Special Needs
CDBG:
$208089 /
HOME: $66195
/ Private
Foundations: $
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 125 375
300.00%
Non-
Homeless
Special
Needs
Services
Non-Homeless
Special Needs
CDBG:
$208089 /
HOME: $66195
/ Private
Foundations: $
Other Other 0 0 0 0
Permanent
Supportive
Housing
Affordable
Housing
CDBG: $ /
HOME: $
Rental units
constructed
Household
Housing
Unit
119 74
62.18% 45 0
0.00%
Social
Services
Non-Housing
Community
Development
CDBG: $
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 6250 5561
88.98%
Social
Services
Non-Housing
Community
Development
CDBG: $ Other Other 0 0 1250 338
27.04%
Sonoma
Estates
Housing
Project
Affordable
Housing
CDBG: $ /
HOME: $84293
Rental units
constructed
Household
Housing
Unit
0 0 45 0
0.00%
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sonoma
Estates
Housing
Project
Affordable
Housing
CDBG: $ /
HOME: $84293
Homeowner
Housing Added
Household
Housing
Unit
45 0
0.00%
TBRA Affordable
Housing
HOME: $
Tenant-based
rental assistance /
Rapid Rehousing
Households
Assisted 90 11
12.22%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The City has determined critical affordable housing and community development needs for the Five-Year Consolidated Plan period, spanning from July 1, 2020, to June 30, 2025. Within the realm of affordable housing, Vallejo has prioritized the following groups in order of importance:
1. Extremely low- and very low-income renters
2. Homeless individuals
3. First-time homebuyers
4. Non-homeless individuals with special needs
Non-housing community development needs include: (1) extensive health and safety public improvements in neighborhood target areas, (2) city-wide installation of curb ramps, and (3) social services for persons with extremely-low and very-low income to address their fundamental human needs.
Goal: HOMEBUYER ASSISTANCE
From May 2021 to June 2022, the City executed agreements with the non-profit, Community Housing Development Corporation, to manage programs for first-time homebuyer loans and closing cost grants. However, due to the pandemic's impact and economic variables like housing prices, interest rates, and market conditions, no loans or grants were distributed to qualified individuals. No homebuyer assistance program has CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
been implemented since then due to staffing and contractor shortages.
Goal: HOMELESS NAVIGATION CENTER
The Homeless Navigation Center is currently under construction and aims to meet the needs of homeless individuals, who are the second priority group outlined in the Consolidated Plan. The estimated completion of construction is between December 2024 and January 2025. Please note that the goal is listed twice in the table above due to a duplication error.
Goal: NON-HOMELESS SPECIAL NEEDS SERVICES
The City collaborates with other non-profit agencies to meet the needs of non-homeless persons with special needs, the fourth and last priority group. These agencies were not direct recipients of any CDBG, HOME, or other City funding. The City estimates that 125 persons will be served annually, including survivors of domestic violence, persons in recovery from substance addiction, and severely mentally ill persons. Please note that the goal is listed twice in the table above due to a duplication error. The second record represents the administration costs allocated CDBG and HOME.
Goal: PERMANENT SUPPORTIVE HOUSING
The Blue Oak Landing was completed in FY 2022-23 providing 74 rental units and serving 95 residents. The grand opening event on September 18, 2023 was attended by HUD representatives. This goal addresses the needs of the first two priority groups. In FY 2023-24, the City had planned to allocate HOME funds for 45 rental units as part of a new permanent supportive housing project. The City was unable to utilize the funds following the underwriting process.
Goal: SOCIAL SERVICES
Annually, the City may allocate up to 15 percent of its CDBG, along with income from the previous fiscal year, to non-profit organizations. These funds are designated for social service programs that benefit the community's very low- and low-income residents. Three agencies assisted 338 unique individuals, offering food, housing counseling, and fair housing services.
Goal: SONOMA ESTATES HOUSING PROJECT
The Sonoma Estates Housing Project has experienced delays in the pre-development stage.
Goal: TENANT-BASED RENTAL ASSISTANCE (TBRA)
The City's TBRA Program offers rental aid, including security deposits, and case management for up to 24 months to individuals facing CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
homelessness or at immediate risk of becoming homeless. In Program Year 2023-24, three eligible individuals received assistance. Insufficient staffing has adversely affected the administration of the Program.
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 89 0
Black or African American 157 2
Asian 12 0
American Indian or American Native 4 1
Native Hawaiian or Other Pacific Islander 14 0
Total 276 3
Hispanic 53 1
Not Hispanic 223 2
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
The data not included in the above chart for CDBG includes:
1. Black/African-American and White - 5 (Hispanic: 5 out of 5)
2. Other Multi-racial - 57 (Hispanic: 32 out of 57)
With this data, Vallejo's CDBG Program funding served a total of 338 unduplicated individuals, 90 of whom identified as Hispanic/Latino. The City of Vallejo, with a U.S. Census Bureau estimated population of 154,611 based on the 2020 Decennial Census, is the largest in Solano County. During Fiscal Year 2023- 24, 341 individuals benefited from the City's CDBG Program-funded public service agencies and the HOME-funded Tenant-Based Rental Assistance Program. The majority of those served were Black or African American, followed by White, Multi-Racial, and American Indian or Alaska Native. A total of 54 persons served identified as Hispanic, accounting for 16 percent.
For comparison, the U.S. Census Bureau's estimates for Vallejo by race and Hispanic origin are: (1) White alone, 31 percent; (2) Black or African American alone, 17 percent; (3) Asian alone, 21 percent; (4) American Indian or Alaska Native alone, 1 percent; (5) Native Hawaiian or Other Pacific Islander alone, 1 percent; (6) Two or More Races, 13 percent; and (7) Some other Race, 16 percent. Of those who responsded, 41,134 identified as Hispanic or Latino, and 42,754 identified as White alone, not Hispanic or Latino.
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Vallejo prioritizes needs and provides services and programs to all eligible individuals, without regard to race or ethnicity.
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,035,447 1,035,447
HOME public - federal 0 0
Table 3 - Resources Made Available
Narrative
The amounts in the column for Resources Made Available in Table 3 represent the annual grant allocation for FY 2023-24. The majority of the funds expended went towards the pre-development and construction of the Homeless Navigation Center, administration costs, and reimbursements to non- profit agencies that delivered social/public services. CDBG funding for public services were provided to the following non-profit organizations:
COMMUNITY HOUSING DEVELOPMENT CORPORATION (CHDC) - CDBG funding enabled CHDC to plan and execute comprehensive rental and financial fitness counseling programs aimed at increasing financial stability to residents at risk of foreclosure and/or eviction due to circumstance created by the pandemic. CHDC provided rental coaching and credit building; first-time homeowner education and counseling; foreclosure intervention counseling; and recovery (focusing on credit and savings improvement) programs to all homeowners and renters in both English and Spanish. CHDC assissted with foreclosure mitigation, comprehensive HUD housing counseling, and related consumer needs.
CHDC assessed both quantity (whether the services being offered meet the documented community need) and quality (whether existing services meet National Industry Standards for Homeownership, Foreclosure and Education Counseling), demographics, including foreclosure rates, to determine what type of additional services and outreach was needed. CHDC anticipated that approximately 30 unduplicated low- to moderate-income clients would be served over the course of the fiscal year. The agency reported serving 11 clients.
FAITH FOOD FRIDAYS distributed emergency food boxes three days a week and served more than 600 households weekly. Their goal was to continue providing adequate quantities of fresh fruits, vegetables and other nutritious food items to those experiencing food insecurity in the Vallejo area for the foreseeable future. Faith Food Fridays launched initiatives such as "No Child Goes Hungry" and the "Learning Community Garden" to address food justice issues in the community. The agency used CDBG funds to implement improvements to its operational methodology in order to streamline current procedures for greater efficiency as well as to institute new methods of food distribution, which resulted in improved food quality and increased numbers of households and individuals served. Faith Food Fridays anticipated that approximately 100 unduplicated clients would be served over the course of the fiscal year. The agency served 51 clients.
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
FAIR HOUSING ADVOCATES OF NORTHERN CALIFORNIA (FHANC) has been addressing COVID-related fair housing needs as well as expanded advocacy following the passage of Senate Bill 329 (a California fair housing law preventing source of income discrimination and adding people with housing choice vouchers or other housing subsidies to the list of protected classes). FHANC provided free, comprehensive fair housing services to Vallejo residents including complaint intake, education, referral, testing, advocacy, and enforcement. FHANC provided education to staff who operate critical housing programs benefiting low-income families (i.e., Housing Choice Voucher (HCV)/Section 8 voucher holders and public housing residents) when requested, educated HCV recipients on state/federal fair housing protections, including California fair housing law in effect in 2020 protecting them from housing discrimination based on their status as HCV recipients. FHANC offered services on an as-needed basis by the Vallejo Housing Authority. The agency reported serving 276 unduplicated clients out of their target of 50.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Central City 0
Country Club Crest 0
Eastern City 0
South Vallejo 0
Vallejo Heights 0
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City did not prioritize any specific CDBG Program target area neighborhood when allocating its CDBG Program or HOME Program funds for Program Year 2023-24. The expenditure of CDBG Program funds was confined to activities that provide direct benefits. Consequently, this section and the preceding table do not apply to the reporting period.
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City employs a mix of federal, state, local, and private resources to meet its affordable housing and community development objectives, as detailed in the Consolidated Plan. It also collaborates with County and local entities to coordinate these resources.
Furthermore, the Housing Authority of the City of Vallejo, by receiving and utilizing an average of up to $20 million in federal funds from HUD, operates the Housing Choice Voucher (HCV) Program. This program successfully draws private investment by encouraging rental housing property owners to participate voluntarily in the HCV Program.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 727,151
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 727,151
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 727,151 Table 5 – Fiscal Year Summary - HOME Match Report
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
begin-ning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
600,924 87,257 0 0 688,181
Table 7 – Program Income
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 125 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 125 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 1,725 1,412
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 1,725 1,412
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Table 11 sets a one-year goal of providing 125 homeless households with affordable housing units, a target for the Homeless Navigation Center, which is currently under construction.
Table 12 outlines a one-year goal for the Rental Assistance program to support 1,725 households. As of June 30, 2024, the Housing Authority of the City of Vallejo (HACV) has assisted 1,412 eligible low-income households through the Housing Choice Voucher (HCV) Program, more commonly known as the Section CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
8 Program, and the Veterans Affairs Supportive Housing Program. The HACV has increased its payment standards to better match local rental costs and to improve voucher utilization rates. To enhace the leasing success rate, the HACV opened the HCV Program waiting list, issued a Request for Proposal for Project-Based Vouchers, and conducted a landlord symposium.
The Department's ability to meet its Affordable Housing goals has been significantly impacted by limited staffing. Moreover, first-time low-income homebuyers are facing challenges such as a limited housing stock and competition from other buyers. The Sonoma Estates Housing Project has faced delays due funding gap.
Discuss how these outcomes will impact future annual action plans.
The City's first Homeless Navigation Center is currently under construction with completion anticipated by December 2024 or early 2025. The City will continue tu utilize CDBG funding for the project.
The Sonoma Estates Housing Project, initially set to start in FY 2022-23, faced delays due to funding issues. The project's team has been looking isecuring appropriations from State, Federal, and other partners. The City and the developer are actively engaging in discussions to devise innovative solutions.
The City's Tenant-Based Rental Asssitance Program has sustained its support for previous period participants by extending their leases into FY 2023-24.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 202 3
Low-income 75 0
Moderate-income 61 0
Total 338 3
Table 13 – Number of Households Served
Narrative Information
During the reporting period, the City offered rental assistance to three eligible households via its HOME- funded Tenant-Based Rental Assistance Program.
The data in the CDBG Actual column of the preceding table reflects the households that were assisted by CDBG subrecipients offering public services.
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Housing and Community Development (HCD) Department endorses Vallejo's comprehensive strategy for tackling homelessness and the requirements for safety net services. It collaborates with the City Manager's Office to create programs and supportive services that ensure a continuum of care for the homeless population. The City partners with Resource Connect Solano to facilitate the connection of services to those in need.
During the 2023-24 Program Year, the City has continued to adopt a coordinated regional strategy, in alignment with State directives, to consolidate County resources and expertise.
Addressing the emergency shelter and transitional housing needs of homeless persons
EMERGENCY SHELTER
The City operated a warming shelter in February 2024 during severe weather conditions. Various agencies within the jurisdiction are providing emergency shelter services to the homeless. Transformation Village, previously known as the Christian Help Center, continues to assist homeless individuals. The Southern Solano Alcohol and Drug Council (SSADC) Recovery Center offers five detox beds and seven sober living beds at its primary facility, along with eight residential treatment beds for women and children. These agencies operate independently of CDBG and HOME funds.
The City is currently developing a 125-bed Navigation Center aimed at assisting individuals in moving off the streets and into alternative housing options.
TRANSITIONAL HOUSING
The following are agencies offering transitional housing to Vallejo residents:
1. Reynaissance Family Center - 20 beds for families and disabled individuals
2. Bay Area Community Services - eight-bed housing facility for mentally ill persons, known as Rosewood Place
3. House of Acts - eight-bed sober living residency for men who are parolees and working
4. The Lord's Fellowship - leased and operated an eight-bed housing facility for formerly homeless men who are now employed
5. SSADC - five-bed sober living residency for women and their children CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Housing Authority of the City of Vallejo (HACV) provides case management and support to participants of the Housing Choice Voucher (HCV) Program. The HACV's HCV Program waiting list was open from February 28, 2024, through March 5, 2024. Additionally, the staff collaborates with Veterans Affairs case managers to offer rental assistance to veterans.
The City directs individuals at risk of homelessness to non-profit agencies that offer services to help prevent homelessness. The City is actively seeking funding and opportunities to increase the number of housing units in Vallejo.
The City does not receive Emergency Solutions Grants (ESG) for homeless prevention.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The HACV, in collaboration with the U.S. Department of Veterans Affairs, oversees the Veterans Affairs Supportive Housing (VASH) Program. This program empowers homeless veterans and their families by providing access to affordable housing and a variety of supportive services.
The City actively assists individuals and families experiencing homelessness by facilitating access to services aimed at stabilization and housing. For the Blue Oak Landing project, the HACV has partnered with Resource Connect Solano, Solano County's coordinated entry provider.
The City is dedicated to continuing efforts to meet the needs of the homeless through:
1. Tenant-Based Rental Assistance (TBRA) Program - The City's TBRA Program offers rental assistance for up to twenty-four months to those who are homeless or at imminent risk of homelessness and are referred by the County’s Coordinated Entry System operator to the Housing and Community Development Department. Those who have received TBRA will be prioritized for a Housing Choice Voucher upon successful completion of the TBRA Program.
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
2. Homeless Navigation Center - A 125-bed Homeless Navigation Center is projected to be completed within the current five-year plan (2020-24). The center will provide not only temporary shelter but also medical and social services to individuals, veterans, and seniors.
3. Permanent Supportive Housing - The construction of 74 rental units at the Permanent Supportive Housing site known as Blue Oak Landing was finalized in December 2022. The process of selecting 74 eligible extremely low- and very-low-income households started in early 2023. The HACV has allocated Project-Based Vouchers to all 74 units, which are part of the HCV Program that allows a portion of the Housing Authority’s voucher units to be designated to specific housing units within the city.
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Housing Authority of the City of Vallejo (HACV) manages the Housing Choice Voucher (HCV) Program, offering long-term rental assistance to eligible households with very low income, including seniors and individuals with disabilities. Participants who receive a voucher must locate a suitable private housing unit where the owner is willing to participate in the HCV Program and comply with its rules. The HACV collaborates with property owners and managers to support up to 2,358 low-income families. The HACV pays a housing subsidy directly to the landlord on behalf of the participating family, who then pays the difference between the actual rent and the subsidized amount.
The Veterans Affairs Supportive Housing (VASH) Program issues rental assistance vouchers to homeless veterans. In partnership with the Department of Veterans Affairs (VA), the HACV aids up to 81 veteran participants. VA case managers also offer case management and clinical services to ensure veterans have stable housing. By June 30, 2024, out of 1,472 utilized vouchers, 135 were project-based, and 46 were allocated for VASH.
The HACV is not involved in owning or managing any public housing units.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The Family Self-Sufficiency (FSS) Program provides opportunities for HCV Program participants to receive case management services and financial incentives, which help them progress toward economic independence and self-sufficiency. Participation is voluntary and involves a five-year commitment. As participants' earned income increases, leading to a higher rental share, a designated amount is deposited into an interest-bearing savings account for the qualifying participant. Upon successful completion of the FSS Program, participants can access these funds, potentially using them for home purchases. As of June 30, 2024, there are 17 participants in the Vallejo Housing Authority's FSS Program.
In the same reporting period, funds from the CDBG and HOME Programs were designated for mortgage assistance to qualified low-income households.
Actions taken to provide assistance to troubled PHAs
No action was taken as the Housing Authority of the City of Vallejo was not a troubled Public Housing Agency (PHA).
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Vallejo is currently working on its new draft Housing Element Update. It was presented to the Housing and Community Development Commission at its regular meeting on October 5, 2023.
The City of Vallejo will continue to maintain a vacant land inventory for residential, commercial, and industrially zoned parcels. In considering development applications and/or pending changes in local land use policy, the City of Vallejo will place a priority on activities (i.e., expedite permits when possible) that support the City’s ability to meet its unmet share of the regional housing need. The vacant land inventory was originally created with the adoption of the 5th cycle Housing Element update. The City also created a streamlined process to expedite accessory dwelling unit (ADU) construction to help meet the City’s share of the regional housing need.
Land use policies that can facilitate housing include the State-mandated Density Bonus and Streamlined Infill Projects incentive. The City’s programs for advancing mixed-income housing include leveraging private properties to catalyze housing production and provide affordable housing and by maintaining a list of existing affordable and mixed-income developments that include affordable units.
The City Council adopted the updated Zoning Ordinance in June 2021. To remove constraints to the development of affordable housing, the updated Zoning Ordinance (Section 16.214.14) outlines provisions to streamline infill projects where at least 50 percent of units are affordable units. The City removed the requirement for an approved major conditional use permit for multifamily housing developments with three or more units. To help facilitate housing for extremely low-income households, the Zoning Ordinance update outlined provisions for Single-Room Occupancy Units, such units require the approval of a Minor or Major Use Permit and are reviewed by the Director. All applications for a major use permit require a public notice and hearing before the Planning Commission pursuant to Chapter 16.602 and may be appealed.
The City enforces the 2022 California Building Code as of January 1, 2023, including accessibility requirements.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Construction of permanent supportive rental units for homeless families and individuals, an unmet need in Vallejo, was completed in December 2022. The City worked with the developer, property management company, and housing providers in screening and leasing tenants as soon as construction was completed. The Blue Oak Landing was completely occupied by August 2023.
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
During the reporting period, the Housing and Community Development Department staff worked with the City's Public Works Department, and the Planning and Development Services Department to complete preconstruction and related planning activities to construct a homeless navigation center that will serve up to 125 homeless persons.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City's Housing Authority staff ensured that lead-based paint educational materials, inspections, and referrals are made available to Housing Choice Voucher holders and rental housing property owners participating in housing programs. As needed, the City addressed unsafe and hazardous housing units, a City Council priority, which included a visual inspection for lead-based paint.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City continues to administer the Family Sef-Sufficiency (FSS) Program, a sub-program of the Housing Choice Voucher Program. As of June 30, 2024, 17 persons were enrolled in the FSS Program. The FSS Program enables HUD-assisted families to increase their earned income and provide financial incentive that they can use towards economic independence.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City Council directs and approves the priority needs in the Five-Year Consolidated Plan and Annual Action Plan. The Housing and Community Development Department implemented the activiities identified in the Annual Action Plan, provided funding and technical assistance to non-profit service providers, and other City departments for projects that meet the needs documented in the plan. The City is a member of the Community Action Partnership of Solano Joint Powers Authority and the Housing First Solano Continuum of Care.
The City and its Housing Authority coordinate their efforts and activities to ensure adequate and efficient service in the areas of housing assistance and homelessness.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The Housing Authority of teh City of Vallejo (HACV) does not own or manage any public housing properties, thus it depends on the private rental sector to provide units for participants of the Housing Choice Voucher (HCV) Program. Recognizing the essential role of landlords in the success of its program, the HACV commits to prompt payments to landlords and implemented outreach and incentive initiatives to maintain and increase landlord participation.
During the FY 2022-23, the City allocated CDBG funds to three social service organizations. Participants in the HCV Program were directed to these agencies to access the services offered.
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City has submitted a draft of its updated Analysis of Impediments (AI) to Fair Housing Choice report and will complete the final report by December 2024. The current AI was updated in 2015.
Actions to address identified impediments taken during the plan period included deconcentration of poverty in the allocation of Housing Choice Vouchers and in the selection of proposed affordable housing sites.
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City of Vallejo conducts monitoring of its activities and projects in line with the requirements set forth by 2 CFR 200.332(d), 24 CFR 570.501(b) for CDBG- and NSP-funded programs, and 24 CFR 92.504 for HOME-funded programs. Monitoring serves as the City's main mechanism to guarantee that projects funded by CDBG, NSP, and HOME are executed according to program regulations. The City maintains monitoring plans for its CDBG, NSP, and HOME programs and activities, ensuring adherence to each program's specific rules and confirming that federally funded activities and projects carried out by the City's partners are in compliance with all relevant federal laws, regulations, and Executive Orders.
Monitoring is a continuous process throughout the program year. The City's monitoring plan includes:
• Planning: Preparing and scheduling monitoring visits. • Implementation: Conducting desk reviews, onsite reviews, and inspections of housing units bound by long-term affordability covenants.
• Follow-Up: Maintaining communication with subrecipient agencies and owners of housing projects.
Each Plan incorporates a risk assessment component to assist the City in evaluating which subrecipients or other funding recipients, such as developers and Community Housing Development Organizations (CHDOs), necessitate comprehensive and/or on-site monitoring. This risk assessment is crucial for the City to gauge the potential risk of non-compliance with program requirements by a project, program, or organization, or their susceptibility to fraud or abuse.
City monitoring encompasses four main areas:
1. Program Monitoring - Evaluating the overall performance and operation of the program to ensure that the City's programs and activities are effective and adhere to CDBG and HOME Program regulations.
2. Administrative and Financial Monitoring - Reviewing the fiscal and administrative management of CDBG and HOME Program funds.
3. Project Monitoring - Checking compliance with specific CDBG and HOME Program activity and project requirements, such as homebuyer or rental housing development projects.
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
4. Long-Term Monitoring - Ensuring ongoing compliance with long-term CDBG and HOME Program stipulations, applicable to HOME-assisted rental and homeownership housing post-completion.
During FY 2022-23, the City conducted monitoring of three non-profit agencies funded by CDBG that provided social services. These reviews were essential and beneficial, allowing the City to verify: (1) program alignment with the Consolidated Plan, Annual Action Plan, and HUD and City stipulations; (2) timely delivery of activities; and (3) the accuracy and completeness of data entered into the HUD Integrated Disbursement and Information System (IDIS), including the Consolidated Annual Performance and Evaluation Report (CAPER). All identified discrepancies and concerns were addressed.
The City has developed a Monitoring Risk Assessment Level Criteria document, which is governed by: (1) quarterly desk reviews. (2) new subrecipient agencies or significant organizational changes, (3) cumulative grant award, (4) administrative history, (5) program performance, and (6) financial strength.
All subrecipient agencies are to be monitored on-site at least every other year, depending on their risk level. City staff prepared for the monitoring and informed the agencies of the monitoring review and on- site visit. Desk reviews were conducted before the onsite reviews and inspections. All three CDBG Program subrecipients received no findings or concerns.
City staff is scheduled to monitor subrecipients of FY 2023-24 grants by December 2024.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City follows its established Citizen Participation Plan. The draft FY 2023-24 CAPER was set for a public hearing on September 12, 2024, during a special meeting of the City's Housing and Community Development Commission (HCDC). Notices about the draft CAPER and the hearing were published in the Vallejo Times-Herald, the local city newspaper available from Tuesday to Sunday, on August 27, 2024, as well as on the City's official website. The draft CAPER was also posted on the City's Housing and Community Development webpage. The period for public comment on the draft CAPER started on August 27, 2024, and concluded on September 12, 2024.
The Council plans to review the CAPER on September 27, 2024.
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City's CDBG Program objectives remained unchanged for FY 2023-24.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
Due to limited staffing, inspection services will be outsourced. Inspections for HOME rental housing units are set to ensure compliance with Housing Quality Standards or the National Standards for the Physical Inspection of Real Estate and will be scheduled in the second quarter of FY 2024-25, which is from October to December 2024.
The following are affordable rental housing units assisted by HOME Program funds:
1. Avian Glen Apartments - 11 floating HOME Program units
2. Temple Art Lofts - four floating HOME Program units
3. Marina Tower - 11 floating HOME Program units
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
The City mandates that its housing programs be managed in a way that ensures individuals with similar income levels have equal housing options available to them, irrespective of race, color, national origin, religion, sex, disability, or familial status. Similarly, non-profit organizations and affordable housing developers that receive HOME Program funds must engage in affirmative marketing to attract those least likely to apply and implement affirmative fair housing marketing strategies when seeking applicants, assessing eligibility, and executing rental transactions. They are also required to display the HUD Fair Housing logo and declare their status as an Equal Housing Opportunity provider in all forms of advertising and communication.
Non-profit organizations must diligently endeavor to offer housing to qualified individuals of all racial, ethnic, and gender groups within the city, as stipulated in their Agreements. In accordance with their HOME Program Agreements, these agencies commit to not engaging in discrimination against prospective homeowners or renters on the grounds of race, color, ancestry, national origin, gender, sexual orientation, age, marital status, family status, whether children are present in the home, source of income, physical, sensory, or mental disability, HIV/AIDS status, related conditions, or any other arbitrary factor.
Affirmative marketing efforts encompass a variety of advertising methods and community outreach CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
formats aimed at engaging individuals who are least likely to apply for the program.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Income for the HOME Program is derived from the principal and interest payments on HOME-funded loans. In the fiscal year 2023-24, the program received approximately $87,257 in income. The City is allowed to use up to 10 percent of all program income received for eligible HOME administative costs.
The remaining funds must be expended for projects. The City used program income for the Tenant- Based Rental Assistance Program, which assisting three households. The characteristics of the program participants are displayed in the table below.
Tenant/Participant Percent of Area Median
Income
Race Hispanic/Latino Type of
Household
#1 30% - 50% Black/African-
American
Yes Single-Parent
#2 0% - 30% American Indian No Two-Parent
#3 30% -50% Black/African-
American
No Single-Parent
Table 14 - TBRA Program Participant Characteristics
Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j)
The City's Five-Year Consolidated Plan identifies the following populations as the most in need of assistance, prioritized as follows: (1) renters with very low to low income; (2) individuals experiencing homelessness; (3) first-time homebuyers; and (4) non-homeless individuals with special needs.
To meet the needs of very low- and low-income residents seeking affordable first-time homebuyer opportunities and rental housing, the City allocated $84,293 in HOME Program funds to the Sonoma Estates Project. This initiative targets the requirements of priority groups one and three outlined in the Consolidated Plan. However, no funds were spent on this project during the reporting period due to development delays.
CAPER 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 15 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
CAPER 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other.
Table 16 – Qualitative Efforts - Number of Activities by Program
Narrative
The City had no activities or projects that were completed in FY 2023-24 that required Section 3 reporting.
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
c/o Legals 57 Commerce Place, Suite A
Vacaville, CA 95687
530-406-6223
[email protected]
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
FY 2023-24 CAPER Public Notice English
3559929
0006848972
Publication Dates:
Publication: Vallejo Times-Herald
08/27/2024
Amount: $240.56
Payment Amount: $0.00
r.BP16-07/03/17 1
Invoice Text: CONSOLIDATED
ANNUAL
PERFORMANCE AND EVALUATION
REPORT (CAPER)
FOR FISCAL YEAR (FY) 2023-24
DATE OF NOTICE: August 27, 2024
FOR MORE INFORMATION: Chari Francisco, Administrative Manager (707) 553-7204, [email protected]
The City of Vallejo has prepared the draft CAPER for the fourth year of its FY 2020-21 through FY 2024-25 Consolidated Plan. The Consolidated Plan is a five-year planning document required by the U. S. Department of Housing and Urban Development (HUD) that is intended to address the City's housing and community development needs. The FY 2023-24 CAPER describes the City's performance in achieving the objectives in the Consolidated Plan for the period beginning July 1, 2023 and ending June 30, 2024.
The Housing and Community Development Commission of the City of Vallejo is scheduled to hold a public hearing to receive comments on the draft CAPER at a special meeting after 7:00 p. m. on Thursday, September 12, 2024. Anyone interested in commenting on this report is invited to participate in this hearing. Written comments on the CAPER may also be submitted until 4:00 p. m. on September 12, 2024 to: Chari Francisco at [email protected], or in the Housing and Community Development Department drop box located at 200 Georgia Street, Vallejo, CA 94590. The Council of the City of Vallejo is scheduled to review and approve this document on September 24, 2024. HUD requires that the CAPER be submitted by September 30, 2024.
Beginning August 27, 2024, the draft CAPER will be available on the City's Web Page at: http://www.cityofvallejo.net, under "Our City, Departments and Divisions, Housing and Community Development, Document Library, CAPER, Draft CAPER FY 2023-24."
The City of Vallejo provides its programs and services in a non-discriminatory manner and is an Equal Opportunity Employer.
The City of Vallejo also encourages minority and women-owned businesses to submit bids and proposals for CDBG Program and HOME Program contracts. For further information, contact the Housing and Community Development Division at (707) 648-4507.
For further information on this public notice, the hearing-impaired may call the California Relay Service at 1-800-735-2922 without a TTY/TDD, or 1-800-735-2929 with a TTY/TDD. 8/27/2024
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3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
0006848972
(Signature) Melanie Irmer
Legal No.
Vallejo Times-Heraldc/o Legals 57 Commerce Place, Suite A Vacaville, CA 95687
530-406-6223
[email protected]
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Vallejo Times-Herald, a newspaper published in the English language in the City of Vallejo, County of Solano, State of California.
I declare that the Vallejo Times-Herald is a newspaper of general circulation as defined by the laws of the State of California as determined by this court 's order dated June 12, 1952 in the action entitled In the Matter of the Ascertainment and Establishment of the Standing of Vallejo Times-Herald as a Newspaper of General Circulation, Case Number 25864. Said order states "Vallejo Times-Herald" has been established, printed and published in the City of Vallejo, County of Solano, State of California; That it is a newspaper published daily for the dissemination of local and telegraphic news and intelligence of general character and has a bona fide subscription list of paying subscribers; and...THEREFORE, IT IS ORDERED,
ADJUDGED AND DECREED:...That "Vallejo Times-Herald" is a newspaper of general circulation for the City of Vallejo, County of Solano, California. Said order has not been revoked.
I declare that this notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
08/27/2024
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Vallejo, California, this
29th day of August 2024
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF SOLANO, S.S.
r.BP16-07/03/17 1
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3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
c/o Legals 57 Commerce Place, Suite A
Vacaville, CA 95687
530-406-6223
[email protected]
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
FY 2023-24 CAPER Public Notice Spanish
/ FY 2023-24 CAPER Public Notice Spanish
3559929
0006848976
Publication Dates:
Publication: Vallejo Times-Herald
08/27/2024
Amount: $297.01
Payment Amount: $0.00
r.BP16-07/03/17 1
Invoice Text: INFORME ANUAL CONSOLIDADO DE RENDIMIENTO Y EVALUACIÓN (CAPER)
PARA AÑO FISCAL (AF) 2023-24
FECHA DE AVISO: 27 de agosto de 2024
PARA MÁS INFORMACIÓN: Chari Francisco, Gerente Administrativa (707) 553-7204, [email protected]
La Ciudad de Vallejo ha preparado el borrador de CAPER por quinto año de su Plan Consolidado del AF 2020-21 al AF 2024-25. El Plan Consolidado es un documento de planificación de cinco años requerido por el Departamento de Vivienda Y Desarrollo Urbano de los EE.UU. (HUD) que está destinado a abordar las necesidades de desarrollo comunitario de la vivienda de la Ciudad. El CAPER para el año fiscal 2023-24 describe el desempeño de la Ciudad en el logro de los objetivos del Plan Consolidado para el período que comienza el 1 de julio de 2023 y termina el 30 de junio de 2024.
La Comisión de Vivienda y Desarrollo Comunitario de la Ciudad de Vallejo está programada para realizar una audiencia pública para recibir comentarios sobre el borrador del CAPER en una reunión especial después de las 7:00 p.m. el jueves 12 de septiembre de 2024. Se invita a participar en esta audiencia a cualquier persona interesada en comentar sobre este informe. También se puede enviar comentarios escritos sobre el CAPER hasta las 4:00 p.m. el 12 de septiembre de 2024 a:
Chari Francisco, [email protected], o en el buzón de la División de Vivienda y Desarrollo Comunitario ubicado en 200 Georgia Street, Vallejo, CA 94590. El Concejo de la Ciudad de Vallejo está programado para revisar y aprobar este document el 24 de septiembre de 2024. HUD require que el CAPER se presente antes del 30 de septiembre de 2024.
A partir del 27 de agosto de 2024, el borrador de CAPER estará disponible en la página web de la ciudad en:
http://www.cityofvallejo.net, en "Our City, Departments and Divisions, Housing and Community Development Division, Housing and Community Development, Document Library, CAPER, Draft CAPER FY 2023-24." La Ciudad de Vallejo ofrece sus programas y servicios de manera no discriminatoria y es un empleador de igualdad de oportunidades.
La Ciudad de Vallejo también anima a las mujeres y a los propietarios de empresas de minorías presentar ofertas y propuestas para el Programa (CDBG) y el Programa de HOME Contratos de Inversión de Casa. Para más información, póngase en contacto con la División de Autoridad de Vivienda y Desarrollo Comunitario de la Ciudad de Vallejo al (707) 648-4507. Para más información sobre este aviso público, los discapacitados auditivos pueden llamar al Servicio de Retransmisión de California al 1-800-735-2922 sin TTY/TDD o 1-800-735-2929 con un TTY/TDD
8/27/2024
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3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
0006848976
(Signature) Melanie Irmer
Legal No.
Vallejo Times-Heraldc/o Legals 57 Commerce Place, Suite A Vacaville, CA 95687
530-406-6223
[email protected]
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Vallejo Times-Herald, a newspaper published in the English language in the City of Vallejo, County of Solano, State of California.
I declare that the Vallejo Times-Herald is a newspaper of general circulation as defined by the laws of the State of California as determined by this court 's order dated June 12, 1952 in the action entitled In the Matter of the Ascertainment and Establishment of the Standing of Vallejo Times-Herald as a Newspaper of General Circulation, Case Number 25864. Said order states "Vallejo Times-Herald" has been established, printed and published in the City of Vallejo, County of Solano, State of California; That it is a newspaper published daily for the dissemination of local and telegraphic news and intelligence of general character and has a bona fide subscription list of paying subscribers; and...THEREFORE, IT IS ORDERED,
ADJUDGED AND DECREED:...That "Vallejo Times-Herald" is a newspaper of general circulation for the City of Vallejo, County of Solano, California. Said order has not been revoked.
I declare that this notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
08/27/2024
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Vallejo, California, this
29th day of August 2024
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF SOLANO, S.S.
FILE NO. FY 2023-24 CAPER Public Notice Spanish
r.BP16-07/03/17 1
r.BP16-07/03/17 2
r.BP16-07/03/17 3
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
c/o Legals 57 Commerce Place, Suite A
Vacaville, CA 95687
530-406-6223
[email protected]
Account Number:
Ad Order Number:
Customer's Reference
/ PO Number:
FY 2023-24 CAPER Public Notice Tagalog
3559929
0006848974
Publication Dates:
Publication: Vallejo Times-Herald
08/27/2024
Amount: $288.16
Payment Amount: $0.00
r.BP16-07/03/17 1
Invoice Text: PINAGSAMA-SAMANG TAUNANG PERFORMANCE AT EVALUATION REPORT
PARA SA PISKAL NA TAONG 2023-24
DATE OF NOTICE: Agosto 27, 2024
PARA SA KARAGDAGANG IMPORMASYON: Chari Francisco, Administrative Manager (707) 553-7204, [email protected]
Inihanda ng Lungsod ng Vallejo ang draft ng CAPER para sa ika-apat na taon ng FY 2020-21 hanggang FY 2024-25 Consolidated Plan. Ang Consolidated Plan ay isang dokumento na naglalaman ng limag taong plano na itinatakda ng U. S.
Department of Housing and Urban Development (HUD) na naglalayong tugunan ang mga pangangailangan sa pabahay at pagpapaunlad ng komunidad ng Lungsod. Inilalarawan ng FY 2023-24 CAPER ang pagganap ng Lungsod sa pagkamit ng mga layunin sa Consolidated Plan para sa panahon simula Hulyo 1, 2023 at magtatapos sa Hunyo 30, 2024.
Ang Housing and Community Development Commission ng Lungsod ng Vallejo ay nakatakdang magsagawa ng pampublikong pagdinig upang makatanggap ng mga komento sa draft ng CAPER sa isang regular na pagpupulong pagkalipas ng 7:00 p. m. sa Huwebes, Setyembre 12, 2024. Ang sinumang interesadong magkomento sa ulat na ito ay iniimbitahan na lumahok sa pagdinig na ito. Ang mga nakasulat na komento sa CAPER ay maaari ding isumite hanggang 4:00 p. m. noong Setyembre 12, 2024 kay: Chari Francisco sa [email protected], o sa drop box ng Housing and Community Development Department na matatagpuan sa 200 Georgia Street, Vallejo, CA 94590. Nakatakdang suriin ng Konseho ng Lungsod ng Vallejo at aprubahan ang dokumentong ito sa Setyembre 24, 2024. Hinihiling ng HUD na isumite ang CAPER hanggang Setyembre 30, 2024.
Simula Agosto 27, 2024, ang draft na CAPER ay matatagpuan sa webpage ng Lungsod: http://www.cityofvallejo.net, sa ilalim ng "Our City, Departments and Divisions, Housing and Community Development, Document Library, CAPER, Draft CAPER FY 2023-24."
Ang Lungsod ng Vallejo ay nagbibigay ng mga programa at serbisyo nito sa paraang walang diskriminasyon, at isang Equal Opportunity Employer.Hinihikayat din ng Lungsod ng Vallejo ang mga minorya at negosyong pag-aari ng kababaihan na magsumite ng mga bid at panukala para sa mga kontrata ng CDBG Program at HOME Program. Para sa karagdagang impormasyon, makipag-ugnayan sa Housing and Community Development Division sa (707) 648-4507.Para sa karagdagang impormasyon sa pampublikong abiso na ito, ang may kapansanan sa pandinig ay maaaring tumawag sa California Relay Service sa
1-800-735-2922 na walang TTY/TDD, o 1-800-735-2929 na may TTY/TDD. 8/27/2024
r.BP16-07/03/17 2
3559929
VALLEJO CITY HOUSING
200 GEORGIA STREET
VALLEJO, CA 94590
0006848974
(Signature) Melanie Irmer
Legal No.
Vallejo Times-Heraldc/o Legals 57 Commerce Place, Suite A Vacaville, CA 95687
530-406-6223
[email protected]
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Vallejo Times-Herald, a newspaper published in the English language in the City of Vallejo, County of Solano, State of California.
I declare that the Vallejo Times-Herald is a newspaper of general circulation as defined by the laws of the State of California as determined by this court 's order dated June 12, 1952 in the action entitled In the Matter of the Ascertainment and Establishment of the Standing of Vallejo Times-Herald as a Newspaper of General Circulation, Case Number 25864. Said order states "Vallejo Times-Herald" has been established, printed and published in the City of Vallejo, County of Solano, State of California; That it is a newspaper published daily for the dissemination of local and telegraphic news and intelligence of general character and has a bona fide subscription list of paying subscribers; and...THEREFORE, IT IS ORDERED,
ADJUDGED AND DECREED:...That "Vallejo Times-Herald" is a newspaper of general circulation for the City of Vallejo, County of Solano, California. Said order has not been revoked.
I declare that this notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
08/27/2024
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Vallejo, California, this
29th day of August 2024
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF SOLANO, S.S.
r.BP16-07/03/17 1
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CONSENT CALENDAR 8.H.
DATE: September 24, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Oscar Alcantar, Associate Public Works Director Maintenance SUBJECT: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH FONROCHE LIGHTING AMERICA, INC. IN AN AMOUNT NOT TO EXCEED $700,000 FOR THE PURCHASE OF
SOLAR STREETLIGHT EQUIPMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving an agreement with Fonroche Lighting America, Inc. in an amount not-to-exceed $700,000 for the purchase of solar streetlight equipment and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The City of Vallejo Public Works Department will be using equipment from Fonroche Lighting America, Inc. in various solar streetlight projects in the City. City Council authority is required to award contracts in excess of $100,000.
BACKGROUND AND DISCUSSION
The City of Vallejo Public Works Department is responsible for the maintenance and repair of City solar streetlight equipment and supplies. In recent fiscal years, the City has purchased equipment and supplies that support solar streetlights from Fonroche Lighting America, Inc. Previous purchases from this company have not exceeded $100,000 annually.
In order to maintain uniformity of solar lighting equipment throughout the City, and in accordance with City of Vallejo purchasing requirements, a sole source exemption to the competitive bidding process will be used.
Additionally, when the City originally reached out for pricing from multiple vendors in FY21-22, other vendors quoted higher prices and their equipment required the installation of new light poles and foundations.
Fonroche Lighting America offered the lowest pricing and the equipment purchased from them can be installed on existing light poles.
There is one current project for which staff will order equipment immediately and another project that is still in the planning phase. That project is estimated to cost $150,000 and will be funded with the Clean CA grant under the Clean California Local Grant Program (CCLGP) Project. The CCLGP Project is placing solar streetlights along the waterfront at Barbara Kondylis Park and in the parking lots along Wilson Way.
Funding for the other project will come from Project PWC114 Solar Streetlights, which is funded by a combination of Measure P ($400,000) and Road Maintenance Rehabilitation Act (RMRA) / Senate Bill 1 (SB1) ($150,000). The locations where solar streetlights will be installed are still being determined at this time.
Council approval of this item will give staff authority to execute said contract with Fonroche Lighting America, Inc. in an amount not-to-exceed $700,000 for the purchase of solar streetlight equipment and supplies.
Date: September 24, 2024
Subject: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH FONROCHE LIGHTING AMERICA, INC. IN AN AMOUNT NOT TO EXCEED $700,000 FOR THE PURCHASE
OF SOLAR STREETLIGHT EQUIPMENT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
FISCAL IMPACT
Funding is allocated in the Fiscal Year 2024-25 Capital Improvement budget as shown below:
SOURCE REVENUE EXPENSES
CCLGP Project for Georgia Street
Beautification
Fund 221 - Clean CA Grant
funds
$150,000
PWC114 Project for Solar
Streetlights
Fund 226 - RMRA / SB1 funds
$150,000
PWC114 Project for Solar
Streetlights
Fund 228 - Measure P funds
$400,000
Expenditures FY24-25 with
Fonroche
($150,000)
Expenditures through FY27-28
with Fonroche
($550,000)
TOTAL $700,000 ($700,000)
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15301 as minor alteration and maintenance of existing facilities.
ATTACHMENTS
1. Resolution_Fonroche Lighting America $700,000 Solar Streetlight Equipment_CAO Stamp
2. Supplies Purchase Agreement - Fonroche Lighting America_CAO Stamp
CONTACT
Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]
RESOLUTION NO. 24-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AN AGREEMENT WITH FONROCHE LIGHTING AMERICA, INC. IN AN AMOUNT NOT TO EXCEED $700,000 FOR THE
PURCHASE OF SOLAR STREETLIGHT EQUIPMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
WHEREAS, City of Vallejo Public Works Department is responsible for the maintenance and repair of most solar streetlight equipment and supplies for the City; and WHEREAS, the City has been purchasing equipment and supplies that support solar streetlights, from Fonroche Lighting America, Inc. Previous purchases from this company have not exceeded $100,000 annually; and
WHEREAS, in accordance with City of Vallejo purchasing requirements, this purchase is exempt from the competitive bidding process under the sole source exemption because this equipment will maintain uniformity throughout the City and maintenance only needs to upgrade the lighting assemblies and not the poles; and WHEREAS, when the City originally reached out for pricing in 2021-22, Fonroche Lighting America, Inc. was the lowest bid and allowed the City to use the existing foundations with the existing light poles; and WHEREAS, in order to complete the below-listed projects, staff is seeking authorization for a contract with Fonroche Lighting America, Inc., in an amount not-to-exceed $700,000 for the purchase of solar streetlight equipment and supplies:
Source Revenue Expenses
CCLGP Project for Georgia St.
Beautification
Clean CA Grant Funds (F221)
$150,000
PWC114 Project for Solar Streetlights
RMRA / SB1 Funds (F226)
$150,000
PWC114 Project for Solar Streetlights
Measure P Funds (F228)
$400,000
Expenditures FY24-25 ($150,000)
Expenditures through FY27-28 ($550,000)
TOTAL $700,000 ($700,000)
; and
WHEREAS, the budget for the current fiscal year's expenditures was appropriated in Fiscal Year 2024-25, and future purchases are contingent on the appropriation of funds each fiscal year for such purpose by the City Council of the City of Vallejo.
NOW, THEREFORE, BE IT RESOLVED that the Agreement with Fonroche Lighting America, Inc. in an amount not to exceed $700,000 is hereby approved, with any modifications recommended by the City Attorney and the City Clerk to attest the signing of that Agreement.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement.
Adopted by the City Council of the City of Vallejo at a regular meeting held on September 24, 2024, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Supplies Purchase Agreement (Rev. 09.2022) 1 of 13
Fonroche Lighting America
CITY OF VALLEJO
SUPPLIES PURCHASE AGREEMENT
WITH FONROCHE LIGHTING AMERICA, INC.
This Supplies Purchase Agreement ("Agreement") is made at Vallejo, California, dated for reference this 25th day of September 2024, by and between the City of Vallejo, a municipal corporation ("City"), and Fonroche Lighting America Inc., a Delaware corporation, hereinafter referred to as “Vendor,“ who agree as follows:
1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City equipment and supplies as specified in Exhibit A, entitled “Supplies.”
2. Payment. City shall pay Vendor for said equipment and supplies at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Vendor for the equipment and supplies sold to the City pursuant to this Agreement.
3. Facilities and Parts. Vendor shall, at its sole cost and expense, furnish all facilities and parts which may be required for furnishing equipment and supplies pursuant to this Agreement.
4. Indemnification. Vendor shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Vendor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Vendor’s activities, or any subcontractor’s activities, to be performed under this agreement for Vendor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Vendor, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Vendor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements.” Failure to maintain required insurance at all times shall constitute a default and material breach.
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6. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the materials to be provided under this Agreement. Vendor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Vendor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Vendor shall disclose such conflict in writing to City.
8. Licenses, Permits, Etc. Vendor represents and warrants to City that all Vendor equipment and supplies shall be provided by a person or persons duly licensed by the State of California to provide the type of equipment and supplies to be provided under this Agreement.
9. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
10. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
11. Term. The term of this Agreement shall be effective September 25, 2024, and shall continue in full force and effect until June 30, 2028.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Vendor agrees to terminate any materials supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
12. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.
Upon receipt of a notice of termination, Vendor shall provide no further equipment or Supplies Purchase Agreement (Rev. 09.2022) 3 of 13
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supplies except as specified in the notice. The City shall pay Vendor for equipment and supplies received in accordance with this Agreement before the date of termination.
13. Assignment and Subcontracting. Vendor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
14. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
15. Non-Discrimination/Fair Employment Practices. Vendor shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Vendor warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or Supplies.
16. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Melissa Tigbao, Public Works Director
City of Vallejo, Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Vendor: Hocine Benaoum, CEO
Fonroche Lighting America, Inc.
4900 David Strickland Road
Fort Worth, TX 76119
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Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Vendor will comply with all statutes, regulations and ordinances in the performance of all materials under this Agreement.
32. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
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33. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
34. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.
The failure to send an original shall not affect the binding nature of this Agreement.
35. Authority. The person signing this Agreement for Vendor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Vendor.
36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Supplies,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Fonroche Lighting America, Inc.,
a Delaware corporation
By:
Honcine Benaoum
CEO
DATE:
N/A
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
By:
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Supplies Purchase Agreement (Rev. 09.2022) Page 7 of 13 Fonroche Lighting America, Inc. - Exhibit A
EXHIBIT A
SUPPLIES
1. Representatives. The City Representative for this Agreement is:
Patrick Hutchinson
Assistant Maintenance Superintendent
City of Vallejo, Public Works Department
111 Amador Street
Vallejo, CA 94589
Phone: (707) 648-5413
Email: [email protected]
The Consultant’s Representative for this Agreement is:
Ryan Lortie
Sales Support Representative
Fonroche Lighting America, Inc.
4900 David Strickland Road
Fort Worth, TX 76119
Phone: (925) 321-9951
Email: [email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Supplies to be Provided. The Supplies provided shall include, but not be limited to the following:
a. 2[T54-CK16B-4K-T4] 2[P310F-4P]HW-MC Fixture Color: BK POLE:
Pole Not Included-Arm Not Included-Pole Color: BK
i. SmartLight Assembly with 2496Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 2 x 310W solar module with Top of Pole assembly and Intelligent
management/control system. Provisioned for TWIN Fixture configuration. Twin Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK - . Power Assembly color is black. Mount: High wind and enhanced marine coating. Pole Not Included-Arm Not Included-Pole Color is BK 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement ii. Assumes No Shading | Assumes little or no snow
Supplies Purchase Agreement (Rev. 09.2022) Page 8 of 13 Fonroche Lighting America, Inc. - Exhibit A
iii. 10 Degrees Tilt 100% =35 Watts worst case conditions.T-PM: 5 hrs. @100% | T-N (Balance of night) @80% | T-AM: 1 hrs. @100%
b. CST-Tenon
i. Custom Tenon Adapter – Vallejo
c. [T54-CK16B-4K-T2] [P160F-2P]HW-MC Fixture Color: BK POLE: Pole Not Included-Arm Not Included-Pole Color: BK
i. SmartLight Assembly with 624Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 1 x 160W solar module with Top of Pole assembly and Intelligent
management/control system. Provisioned for Single Fixture configuration. Pole and Arm Assembly Sold Separately. Single Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 2 Fixture Color: BK - . Power Assembly color is black. Mount: High wind and enhanced marine coating. Pole Not Included-Arm Not Included-Pole Color is BK 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement
ii. Assumes No Shading | Assumes little or no snow
iii. 10 Degrees Tilt 100% =22 Watts worst case conditions.T-PM: 6 hrs. @100% | T-N (Balance of night) @30% | T-AM: 1 hrs. @100%Assumes No Shading | Assumes little or no snow
d. [T54-CK16B-4K-T3] [P310F-4P]HW-MC Fixture Color: BK POLE: Pole Not Included-Arm Not Included-Pole Color: BK
i. SmartLight Assembly with 1248Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 310W solar module with Top of Pole assembly and Intelligent
management/control system. Provisioned for Single Fixture configuration. Single Essential(Formerly CK16B) Fixture 4K Color Temp.-Type 3 Fixture Color: BK - . Power Assembly color is black. Mount: High wind and enhanced marine coating. Pole Not Included-Arm Not Included-Pole Color is BK 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement ii. Assumes No Shading | Assumes little or no snow
iii. 10 Degrees Tilt 100% =35 Watts worst case conditions.T-PM: 5 hrs. @100% | T-N (Balance of night) @80% | T-AM: 1 hrs. @100%
e. [T54-CK16B-4K-T4] [P310F-4P]HW-MC Fixture Color: BK POLE: Pole Not Included-Arm Not Included-Pole Color: BK
i. SmartLight Assembly with 1248Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 310W solar Supplies Purchase Agreement (Rev. 09.2022) Page 9 of 13 Fonroche Lighting America, Inc. - Exhibit A
module with Top of Pole assembly and Intelligent
management/control system. Provisioned for Single Fixture configuration. Single Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK - . Power Assembly color is black. Mount: High wind and enhanced marine coating. Pole Not Included-Arm Not Included-Pole Color is BK 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement ii. Assumes No Shading | Assumes little or no snow
iii. 10 Degrees Tilt 100% =35 Watts worst case conditions.T-PM: 5 hrs. @100% | T- N (Balance of night) @80% | T-AM: 1 hrs. @100%Assumes No Shading | Assumes little or no snow
f. Extension Cable - Male 4 pins - Female 4 pins - 3'
g. Fixture Cable - Male 4 pins - Female 2 x 2 pins - 10.8' h. 2309626-A
i. Y Cable for Luminaire Harness
i. Ancillary supplies, as needed.
Supplies Purchase Agreement (Rev. 09.2022) Page 10 of 13 Fonroche Lighting America, Inc. - Exhibit B
EXHIBIT B
Compensation
1.Vendor’s Compensation. City agrees to pay Vendor for those Supplies set forth in Exhibit A of this Agreement, for a total not to exceed Seven Hundred Thousand Dollars and Zero Cents ($700,000.00).
a) Equipment and supply pricing will be quoted prior to purchase. b) Any available discounts shall be offered to City at the time of ordering.
2.Invoicing. Invoices must be submitted, itemized as to quantity, part number, and description. In addition, invoices must show the name of the department, division, or section to which equipment and supplies were delivered, and the City of Vallejo Purchase Order Number.
All delivery tickets must have a description of the commodity delivered. Delivery tickets and packing slips will contain the same information as the invoice. All pack slips and delivery tickets must include the receiving employee signature and printed name.
All prices shall be F.O.B. destination, address 111 Amador Street, Vallejo.
Request for payment shall be sent to: [email protected]
3.Payment. Payment is due thirty (30) days after the City has approved the invoice or after the City has accepted the goods, whichever occurs later.
4.Accounting Records of Vendor. Vendor shall maintain for three (3) years after completion of all materials hereunder, all records under this Agreement, including, but not limited to, records of Vendor’s direct salary costs for all Materials and Additional Materials performed under this Agreement and records of Vendor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Vendor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice. The obligations of Vendor under this section shall survive this Agreement.
5.Taxes. Vendor shall pay, when and as due, any and all taxes incurred as a result of Vendor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.Taxpayer Identification Number. Vendor shall provide City with Vendor’s complete Request for Taxpayer Identification Number and Certification, Form W- Supplies Purchase Agreement (Rev. 09.2022) Page 11 of 13 Fonroche Lighting America, Inc. - Exhibit B
9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Supplies Purchase Agreement (Rev. 09.2022) Page 12 of 13 Fonroche Lighting America, Inc. - Exhibit C
EXHIBIT C
INSURANCE REQUIREMENTS
Vendor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of materials hereunder by the Vendor, their agents, representatives, or employees or subcontractors.
1. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal 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.
B. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Vendor is not subject to California Workers’ Compensation requirements, Vendor shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
2. Deductible and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
3. Other Insurance Provisions.
A. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to the Supplies provided pursuant to this Agreement, the Vendor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Vendor's insurance and shall not contribute with it.
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C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Vendor’s performance under this Agreement.
4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
5. Verification of Coverage. Vendor shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before any orders may be placed.
6. Subcontractors. Vendor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
7. Payment Withhold. City will withhold payments to Vendor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Vendor otherwise ceases to be insured as required herein.
CONSENT CALENDAR 8.I.
DATE: September 24, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING THE FOLLOWING AGREEMENTS BETWEEN
THE CITY OF VALLEJO AND FIRM FOUNDATION COMMUNITY HOUSING REGARDING THE BROADWAY PROJECT: 1) MEASURE P LOAN AGREEMENT IN THE AMOUNT OF $2,879,665 AND AFFORDABILITY AGREEMENT; 2) FIRST AMENDMENT TO THE ARPA FUND GRANT AGREEMENT; 3) COUNTY OF SOLANO ARPA GRANT SUBRECIPIENT AGREEMENT; 4) INFILL INFRASTRUCTURE GRANT SUBRECIPIENT AGREEMENT; AND 5) OPTION AGREEMENT AND REAL PROPERTY TRANSFER AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a Resolution approving the following agreements between the City of Vallejo and Firm Foundation Community Housing regarding the Broadway Project: 1) Measure P Loan Agreement in the amount of $2,879,665 and Affordability Agreement; 2) First Amendment to the ARPA Fund Grant Agreement; 3) County of Solano ARPA Grant Subrecipient Agreement; 4) Infill Infrastructure Grant Subrecipient Agreement; and 5) Option Agreement and Real Property Transfer Agreement; and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
On May 28, 2024 City Council amended the budget to allocate $2,879,665 of Measure P Funding towards the construction of the Broadway Project. Approving this item authorizes the City Manager to enter into a loan agreement for this allocation. Approval of the Affordable Housing Agreement and Covenant for the Broadway Project ensures the affordability of the Project for a term of 55 years and includes operation provisions.
Approval of the First Amendment of the ARPA Agreement, the Solano County ARPA Subrecipient Agreement, and the IIG subrecipient Agreement ensure Firm Foundation's obligations under each of these awards. The Option and Transfer Agreement allow the City to take ownership of the property once the project is complete if the City Council chooses to do so since there is City investment in the project.
BACKGROUND AND DISCUSSION
The Project
The Broadway Project ("Project") is a permanent supportive modular housing project designed to house the chronically homeless. The estimated total cost of the Project is $27M. Construction began on September 19, 2022 and is anticipated to be completed on or around March 1, 2024. Firm Foundation currently owns the site and manages the Project and its construction in compliance with Homekey deliverables and timeline regulations. The Project will include 47 permanent supportive housing units (studios), affordable to extremely low to very low income households, an on-site case manager unit, a community room and courtyard. On-site wrap-around services will be provided to facilitate connections to services, benefits, and community resources.
The project is currently 75% built and needs the requested loan funding to finish the project.
Project Funding
Date: September 24, 2024
Subject: ADOPT A RESOLUTION APPROVING THE FOLLOWING AGREEMENTS BETWEEN
THE CITY OF VALLEJO AND FIRM FOUNDATION COMMUNITY HOUSING REGARDING THE BROADWAY PROJECT: 1) MEASURE P LOAN AGREEMENT IN THE AMOUNT OF $2,879,665 AND AFFORDABILITY AGREEMENT; 2) FIRST AMENDMENT TO THE ARPA FUND GRANT AGREEMENT; 3) COUNTY OF SOLANO ARPA GRANT SUBRECIPIENT AGREEMENT; 4) INFILL
INFRASTRUCTURE GRANT SUBRECIPIENT AGREEMENT; AND 5) OPTION AGREEMENT AND REAL PROPERTY TRANSFER AGREEMENT; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME