Livermore City Council
November 13, 2023

EXHIBIT B-1

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance 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.

2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

4. Professional Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 11FD9D6C-FF46-49EA-BFBC-602FB83ADEEF

EXHIBIT A
620
Revised 1/11/2021 B11 – 5M E&O

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor '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.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

DocuSign Envelope ID: 11FD9D6C-FF46-49EA-BFBC-602FB83ADEEF

EXHIBIT A
621

CITY COUNCIL STAFF REPORT
ITEM NO. 5.13

DATE:

November 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Resolution authorizing a first amendment to an agreement with Kaizen InfoSource, LLC for records management consulting increasing the not-to-exceed amount to $212,000 and extending the term to December 31, 2024.

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution authorizing a first amendment to an agreement with Kaizen InfoSource, LLC for records management consulting increasing the not-to-exceed amount to $212,000 and extending the term to December 31, 2024.

SUMMARY
In October 2020, the City contracted with Kaizen InfoSource, LLC (Kaizen) to assist in creating and facilitating a comprehensive Records Management Program. The first agreement with Kaizen assisted staff in developing a Records Retention Schedule which was completed and adopted by the City Council.

The first amendment in August 2021, included the development of file plans for the first phase of city departments to store records in Laserfiche, the City's records repository, in alignment with the retention schedule.

In March 2022, a new agreement was approved with the scope of completing the division file plans to help ensure proper electronic records retention in Laserfiche and on network drives, relocating city files in the Police Department to a records storage facility, assisting the Police Department with evaluating and moving police files, assistance with city Records Review days, and providing staff training.

This amendment extends the term of the agreement one year to complete the scope of work on the March 2022 agreement and increases the not-to-exceed amount by $52,000 to provide additional support to the Police Department for the review and categorization of paper files.

DISCUSSION
In October 2020, the City hired Kaizen InfoSource, LLC (Kaizen) to assist in creating and implementing a comprehensive Records Management Program. That contract included the creation of a new citywide 622
Records Retention Schedule, facilitating the transfer of paper records currently located in the Records Center at the Police Department to Corodata, an offsite records storage facility, participating in two Records Review Days with staff, and staff training.

In August 2021, the agreement scope was amended to include the development of file plans for an initial group of departments to store electronic records in Laserfiche, the City's records repository. The file plans include a folder system that automates the retention schedule to help ensure City staff is maintaining records for the correct amount of time and makes the process of records management easier for staff. The file plans were also used to set up a folder system for department/division network drives so all City records are managed efficiently and consistently.

In March 2022, the current agreement was approved. The scope of this agreement completes the remaining 15 division file plans, configures them in Laserfiche, and implements Laserfiche as a Trusted System. The agreement also includes preparing records management templates based on the Records Retention Schedule, another Records Review Day, and additional staff training on the new Records Management Program. In addition to the citywide Records Management Program, this agreement also included $50,000 to assist the Police Department with the review of current paper files and will provide guidance and assistance with applying retention requirements to the paper records.

The first amendment to the agreement extends the term of the agreement to December 31, 2024, to complete the scope of work on the original agreement and increases the not-to-exceed amount by $52,000 to $212,000 to continue assisting the Police Department with the review of paper records.

FISCAL AND ADMINISTRATIVE IMPACTS

The amendment increases the agreement by $52,000 to the not-to-exceed amount of $212,000. This includes an additional $52,000 to assist the Police Department with the review of paper files. The funding is included in the City Clerk Fiscal Year 2023-24 budget. Therefore, no additional appropriation is necessary.

COMMUNITY PILLAR
5: A City that Works

GOAL
11: Modernize key business systems and processes to increase efficiency and improve transparency

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment

Prepared by: Debbie Elam
Assistant City Clerk

623
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
624
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST

AMENDMENT TO AN AGREEMENT WITH KAIZEN INFOSOURCE, LLC

FOR RECORDS MANAGEMENT CONSULTING SERVICES TO
INCREASE THE NOT-TO-EXCEED AMOUNT BY $52,000 FOR A
TOTAL NOT-TO-EXCEED AMOUNT OF $212,000 AND EXTEND THE
TERM TO DECEMBER 31, 2024
The City of Livermore (“City”) requires a Records Management Program to ensure safekeeping and proper retention of records including City Council and advisory body legislative meeting records, agreements, and various division records.

In October 2020, the City contracted with Kaizen InfoSource, LLC for work to help create and facilitate a comprehensive Records Management Program. That contract included the creation of a new citywide Records Retention Schedule, facilitating the transfer of paper records to an offsite storage facility, and staff training on records.

In August 2021, the contract’s scope of work was amended to include the development of file plans for an initial group of departments to store final electronic records in Laserfiche, the City's records repository. The file plans include a folder system that automates the Records Retention Schedule to help ensure the City is maintaining records for the correct amount of time. The file plans will also be used to set up a folder system for department/division network drives so all City records are managed efficiently and consistently. That agreement, and its amendment, were completed.

Subsequently, in March 2022, the City again contracted with Kaizen InfoSource, LLC, which is the currently active agreement, to complete the remaining 15 division file plans that were not part of the initial group, support the City Clerk's Office in implementing Laserfiche as a Trusted System, prepare records management templates based on the Records Retention Schedule, and provide additional staff training on the new Records Management Program. The current agreement also works to assist the Police Department in reviewing current paper records and provide guidance and assistance with applying retention.

This first amendment to the current agreement extends the term of the agreement to December 31, 2024, to complete the scope of work on the original agreement and increases the not-to-exceed amount by $52,000 to $212,000 to facilitate additional records review by the consultant for the Police Department paper records.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to execute a first amendment to an agreement with Kaizen InfoSource, LLC, attached hereto as Exhibit A, increasing the not- to-exceed amount to $212,000, and extending the term to December 31, 2024, for records management consulting services.
625
RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
Deputy City Manager/City Clerk City Attorney
Exhibit A – Kaizen InfoSource, LLC Agreement
626
Amendment - Professional Services Agreement Page 1
Rev. 09/19/23
FI

RST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THI
S FIRST AMENDMENT is made and entered into this ____ day of ________, 2023, by and between the City of Livermore (“City”), a municipal corporation, and Kaizen InfoSource, LLC (“Consultant”), a California Limited Liability Company.

RECI
TALS
On M
arch 2, 2022, City and Consultant entered into an agreement for Consultant to provide professional records management consulting services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

Ci
ty and Consultant desire to amend the Original Agreement to increase the not to exceed amount from $160,000 to $212,000 for an increase of $52,000 and to extend the term of the agreement one year to December 31, 2024, to continue support to the Police Department for application of retention requirements. This is the first amendment to the Original Agreement.

AGRE
EMENT
NOW
, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. The O
riginal Agreement is amended as follows:

A. Subs
ection (a) in Section 5 Compensation and Payment of the Original Agreement is amended to read as follows:

The t
otal compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $212,000 (“not-to-exceed amount”). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibits A and A-1 attached to the First Amendment up to the not to exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant's only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

DocuSign Envelope ID: E09A4A0C-B599-4BDA-A4AA-8FEED97B4988

EXHIBIT A
627
Amendment - Professional Services Agreement Page 2
Rev. 09/19/23
B. Section 6 Term of the Original Agreement is amended to read as follows:

The
term of this Agreement commences on March 1, 2022, and terminates upon completion of services or December 31, 2024, whichever occurs first.

2. These
amendments are prospective and only apply to the S ervices rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Ex
cept as amended above, the Original Agreement remains in full force and effect.

DocuSign Envelope ID: E09A4A0C-B599-4BDA-A4AA-8FEED97B4988

EXHIBIT A
628
Amendment - Professional Services Agreement Page 3
Rev. 09/19/23
In c
oncurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONS
ULTANT: Dated:
______
______________________ ___________________________
Helen Streck
President and CEO
CIT
Y OF LIVERMORE: Dated:
______
______________________ ____________________________
Marianna Marysheva
City Manager
APPRO
VED AS TO FORM:
______
_____________________
Deputy/Assistant/City Attorney
APPRO
VED AS TO INSURANCE:

Risk Manager/Analyst
Atta
chments:

Exhibit A-1 Extended Scope of Work
DocuSign Envelope ID: E09A4A0C-B599-4BDA-A4AA-8FEED97B4988 10/26/2023 | 8:05 AM PDT

EXHIBIT A
629
EXHIBIT A-1
Scope of Work

STATEMENT OF NEED
The
City of Livermore (the “City”) is requesting additional consulting services to support the Livermore Police Department in applying the retention requirements to case files and reports.

PRO

POSED CONSULTING SUPPORT
Tas
k 1. Continue to provide support to the City Clerk’s Office in developing and rolling out an email management program including education.

Tas
k 2. Assist the Police Department with review of the current files and provide assistance with applying retention requirements to the records. 500 -520 hours is estimated for this task.

PROJECT TIMELINE
Pr
oject Start Date August 1, 2023
Project End Date December 31, 2024

PROJECT INVESTMENT
COMPENSATION: The total compensation for this Statement of Work (SOW) for all tasks is not to exceed $52,000. Invoices will be sent out monthly.

EXPENSES: Expenses are included in the flat rate above.

KAIZEN Helen Streck
CONTACT & President and CEO
PAYMENT INFO: (805) 321-3026
[email protected]
DocuSign Envelope ID: E09A4A0C-B599-4BDA-A4AA-8FEED97B4988

EXHIBIT A
630

CITY COUNCIL STAFF REPORT
ITEM NO. 5.14

DATE:

November 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the acceptance and appropriation of the County of Alameda Homeless Housing, Assistance and Prevention (HHAP) Program Rounds 3 and 4 grant funds in the amount of $439,426 and authorizing a supplemental appropriation in the amount of $245,237 in unexpended HHAP Rounds 1 and 2 grant funds.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:

Authorizing the City’s acceptance and appropriation of the Alameda County HHAP Rounds 3 and 4 funds in the total of $439,426.

Authorizing the City Manager, or her designee, to sign all documents related to the execution of the HHAP funding agreements in substantially the same form as the First Amendment to the Standard Services Agreement attached to the resolution as Exhibit A, and related documents with Alameda County for the City of Livermore HHAP Rounds 3 and 4 funds.

Authorizing the City Manager, or her designee, to sign all documents related to the execution of grant agreements and, as appropriate, amended grant agreements with agencies receiving allocations of HHAP funds from the City of Livermore, including agreements and amended agreements with agencies in amounts exceeding $100,000, consistent with the requirements of and in amounts not-to-exceed those listed in the agreement attached hereto as Exhibit A.

Approving a supplemental appropriation in the amount of $245,237 of unexpended HHAP Rounds 1 and 2 funds.

SUMMARY
On February 7, 2023, the Alameda County Board of Supervisors approved $423,010 to the City of Livermore for HHAP Rounds 1 and 2 (October 1, 2022 through June 30, 2023) to provide operating subsidies in new and existing affordable supportive housing units at Goodness Village and Tri-Valley Haven’s Emergency Shelter.

As of June 30, 2023, the funds for Goodness Village’s HHAP Rounds 1 and 2 have been fully expended, and $63,313 of Tri-Valley Haven’s funds have been expended. The remaining $245,237 of Tri-Valley 631
Haven’s funds will roll over through the amendment and be expended during Rounds 3 and 4.

The First Amendment to the Standard Services Agreement (Master Contract No. 902012), extends the agreement period by 12 months to June 30, 2024, allocates an additional $439,426 in HHAP Rounds 3 and 4 funds and adds additional projects and services for HHAP Rounds 3 and 4.

DISCUSSION
On July 31, 2019, Governor Newsom signed AB 101 into law which established the HHAP Grant Program. The $2.95 billion in HHAP funds will be released in four rounds of funding through 2027. The block grant funding is set aside for large cities (300,000+ population), all California counties and all Continuums of Care. Eligible large cities, counties and Continuums of Care must submit a community plan to the State for approval prior to funding being released. On April 25, 2022, the City Council adopted resolution 2022-061, ensuring the use of HHAP funds support implementation of the State approved, Alameda County Home Together Plan.

The $650 million State HHAP block grant is to support regional coordination and expand or develop local capacity to address immediate homelessness challenges in Continuums of Care (CoCs), large cities and counties. The funding allocation for each eligible entity is calculated based on the Point-In-Time Count.

Alameda County was awarded $8,815,938 in total HHAP block grant funding.

The County of Alameda entered into a Grant Agreement with the State of California, Homeless Coordinating and Financing Council for the HHAP Program authorized by AB 101 which provides block grant funds to move homeless individuals and families into permanent housing and ensures those individuals and families maintain their permanent housing.

Alameda County Office of Homeless Care and Coordination, in collaboration with the Continuum of Care agency, EveryOne Home drafted the five-year Alameda County Home Together 2026 Implementation plan. The City participated in drafting the plan through the City-County technical advisory working group of the Alameda County Conference of Mayors. This working group reviewed the implementation plan from the City’s perspective and provided feedback to the County through the various iterations of the draft plan. The County Board of Supervisors and Alameda County Conference of Mayors met several times to discuss and agree upon a Funding Framework for the plan.

Eligible uses for HHAP funding include:

Rental Assistance and Rapid Rehousing
Operating Subsidies and Reserves
Landlord Incentives
Outreach and Coordination
System Support to Create Regional Partnerships
Delivery to Permanent Housing
Prevention and Shelter Diversion to Permanent Housing
New Navigation Centers for Emergency Shelters
Innovative Solutions
Strategic Homelessness Planning
Infrastructure Development

On February 7, 2023, the Alameda County Board of Supervisors approved $423,010 to City of Livermore 632
for HHAP Rounds 1 and 2. On February 14, 2023, the County and the City entered into a Standard Services Agreement whereby the County retained the City to provide operating subsidies to Goodness Village, in an amount not to exceed $108,460, and Tri-Valley Haven, in an amount not to exceed $314,550. The City subsequently entered into subrecipient grant agreements with Goodness Village and Tri-Valley Haven. Approximately $245,237 in HHAP Rounds 1 and 2 funds designated for Tri-Valley Haven remain unexpended. The Standard Services Agreement and subrecipient grant agreements expired on June 30, 2023.

The City will receive $439,426 in HHAP Rounds 3 and 4 funding, not including the $245,237 Rounds 1 and 2 unexpended funds. The Alameda County Board of Supervisors approved HHAP Rounds 3 and 4 First Amendment to Agreement at the Board of Supervisors Meeting on October 24, 2023, extending the agreement to June 30, 2024, increasing the total not-to-exceed amount from $423,010 to $862,436 ($439,426 increase) and adding additional projects and allowable services.

The following new projects are included in the First Amendment to the Standard Services Agreement for HHAP Rounds 3 and 4:

Vineyard 2.0 ($401,660): Operations and property-related services for 23-unit permanent, supportive housing for Tri-Valley residents experiencing homelessness. Services include case management, resource center, shower and laundry services, community kitchen, winter shelter, mailboxes and storage.

Tri-Valley Haven Emergency Shelters ($18,766): Purchase a multi-passenger vehicle for the Tri- Valley Haven Homeless Shelter staff to transport individuals entering the shelter and transport clients to vital appointments to assist in transitioning into permanent housing.

CityServe of the Tri-Valley ($19,000): Provide rental assistance (including deposits and processing fees) to secure housing for those currently experiencing homelessness to better support transition into a permanent housing solution.

FISCAL AND ADMINISTRATIVE IMPACTS

No General Funds are requested for this program.

An appropriation of $439,426 for the projects identified on the HHAP Agreement to the resolution is requested at this time. Received funds from the State will be deposited in the City's State Grant Special Revenue Fund (Fund 607).

HHAP Rounds 1 and 2 funds were originally included in the FY 2022-23 budget. A supplemental appropriation of $245,237 is requested for FY 2023-24 in Fund 607, for the unspent HHAP Rounds 1 and 2 funds.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
8: Expand and improve access to human services

ATTACHMENTS

633

1. County of Alameda Standard Services Agreement (Fully Executed)

2. Resolution

3. Exhibit A - First Amendment to Standard Services Agreement

Prepared by: Shelly Haynes
Management Analyst

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
634
Master Contract No. 902012
Procurement Contract No. 24822

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS
INSTRUCTIONS: This questionnaire is to be completed by the County department for services contracts and must be included as part of the contract package. Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2. Sections III and IV contain supplemental questions to be answered for contractors in certain service categories.

CONTRACTOR NAME: City of Livermore DEPT #: 350106
TITLE/SERVICE: Tri-Valley Shelter Programs - Operating Subsidies DEPT. CONTACT: LaWanda Green PHONE: 510-406-3661
I. INFORMATION ABOUT THE CONTRACTOR YES NO

1. Is the contractor a corporation or partnership? ( X ) ( )

2. Does the contractor have the right per the contract to hire others to do the work agreed to in the contract?
( X ) ( )

3. If the answer to BOTH questions is YES, provide the employer ID number here: 946000359 No other questions need to be answered. Withholding is not required.

4. If the answer to question 1 is NO and 2 is YES, pr ovide the individual social security number here:

No other questions need to be answered. Withholding is not required.

5. If the answer to question 2 is NO, continue to Section II.

II. RELATIONSHIP OF THE PARTIES YES NO

1. Does the County have the right to control the way in which the work will be done, i.e., will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so?
( ) ( )

2. Is the contractor restricted from performing similar services for other businesses while he is working for the County?
( ) ( )

3. Will the contractor be working for more than 50% of the time for the County (50% = 20 hrs/wk; 80 hrs/mo)?
( ) ( )
ATTACHMENT 1
635
Master Contract No. 902012
Procurement Contract No. 24822

4. Is the relationship between the County and the contractor intended to be ongoing?
() ()
III. FOR CONSULTANTS, PROJECT MANAGERS, PROJECT COORDINATORS YES NO

1. Is the contractor being hired for a period of time rather than for a specific project?
( ) ( )

2. Will payment be based on a wage or salary (as opposed to a commission or ( ) ( ) lump sum)?
IV. FOR PHYSICIANS, PSYCHIATRISTS, DENTISTS, PSYCHOLOGISTS YES NO

1. Will the agreement be with an indi vidual who does not have an outside practice?
( ) ( )

2. Will the contractor work more than an average of ten hours per week? IF THE ANSWER TO QUESTION 2 IS YES, ANSWER QUESTION 3.
( ) ( )

3. Will the County provide more than 20% of the contractor’s income? ( ) ( )

4. If the answer to either question 2, or if required, question 3 is NO, the entire answer is NO.

A “YES” answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an “employee for withholding purposes.”
CERTIFICATIONS:

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract.

City Manager, City of Livermore Director, Health Care Services Agency Marianna Marysheva
Colleen Chawla
Printed Name Printed Name
1/18/2023
Date Date



ATTACHMENT 1
636
Master Contract No. 902012
Procurement Contract No. 24822

COUNTY OF ALAMEDA

STANDARD SERVICES AGREEMENT
This Agreement, dated as of October 1, 2022, is by and between the County of Alameda, hereinafter referred to as the “County”, and City of Livermore, hereinafter referred to as the “Contractor”.

WITNESSETH
WHEREAS, the County has entered into a Grant Agreement with the State of California, Homeless Coordinating and Financing Council (HCFC) for the Homeless Housing, Assistance and Prevention (HHAP) Program authorized by AB 101 (“HHAP Grant Agreement”), which provides block grant funds to be used to address immediate homelessness challenges; and WHEREAS, the activities of the Contractor under this Agreement with the County shall be governed by the conditions of the HHAP Grant Agreement; and
WHEREAS, County desires to obtain support services needed to provide rapid re-housing and supportive services for individuals experiencing homelessness which are more fully described in Exhibit A hereto (“Program Description and Performance Requirements”); and WHEREAS, Contractor is professionally qualified to provide such services and is willing to provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide Tri-Valley Shelter Programs - Operating Subsidies and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, the Additional Provisions attached hereto, and the following described exhibits, all of which are incorporated into this Agreement by this reference:

Exhibit A Program Description and Performance Requirements Exhibit B Terms and Conditions for Payment
Exhibit B1 HHAP Reporting Summary Template
Exhibit C Insurance Requirements
Exhibit D Debarment and Suspension Certification
Exhibit E HIPAA Business Associate Agreement
The term of this Agreement shall be from October 1, 2022 through June 30, 2023.

The compensation payable to Contractor hereunder shall not exceed four hundred twenty-three thousand and ten dollars ($423,010) for the term of this Agreement.

ATTACHMENT 1
637
Master Contract No. 902012
Procurement Contract No. 24822

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

COUNTY OF ALAMEDA CITY OF LIVERMORE HOUSING AND HUMAN

SERVICES DIVISION
By:

Signature
By:

Signature
Name: Colleen Chawla
(Printed)
Name: Marianna Marysheva
(Printed)
Title: Director, Health Care Services Agency Title: City Manager Date:
1/18/2023
Date:

Approved as to Form: DONNA R. ZIEGLER,
County Counsel for the County of Alameda
Approved as to Form: Tara Mazzanti,
Assistant City Attorney
By:

K. Scott Dickey
Assistant County Counsel
By:

Tara Mazzanti
Assistant City Attorney
By signing above, the signatory warrants and
represents that he/she executed this
Agreement in his/her authorized capacity
and that by his/her signature on this
Agreement, he/she or the entity upon behalf
of which he/she acted, executed this
Agreement



ATTACHMENT 1
638
Master Contract No. 902012
Procurement Contract No. 24822

GENERAL TERMS AND CONDITIONS

1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor.

Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.

Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers’ Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind.

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor’s failure to pay such amounts.

In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers’ compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County.

Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned.

Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two week’s notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments.

2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the ATTACHMENT 1
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loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively “Liabilities”) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees’ Retirement Association (ACERA) or California Public Employees’ Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County.

3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor’s available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement. Contractor’s insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self- insurance) available to County. Contractor’s excess and umbrella insurance shall also apply on a primary and non-contributory basis for the benefit of the County before County’s own insurance policy or self-insurance shall be called upon to protect it as a named insured.

4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.

5. WORKERS’ COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its ATTACHMENT 1
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carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.

6. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor’s failures to comply with such laws, ordinances, codes and regulations. b. Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor’s performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub-Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved. c. Contractor further agrees to take all reason able steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident.

7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000). a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency; ATTACHMENT 1
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(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.

8. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto.

9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement.

10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor.

11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor’s sub-Contractors or third parties at the request of the Contractor (collectively, “Documents and Materials”). This explicitly includes the electronic copies of all above stated documentation.

Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor’s Information System, respecting in any way the subject matter of this Agreement.

Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty – free license to retain and use said Documents and Materials. The County’s rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor’s services as set forth in Exhibit “A” of this Agreement have been fully performed or paid for.

In Contractor’s contracts with other Contractors, Contractor shall expressly obligate its Sub- Contractors to grant the County the aforesaid assignment and license rights as to that Contractor’s Documents and Materials. Contractor agrees to defend, indemnify, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and/or Sub-Contractors.

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit “A”, and shall defend, indemnify and hold the County harmless ATTACHMENT 1
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from any claims for infringement of patent or copyright arising out of such selection. The County’s rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials.

12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County.

The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder.

13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:

Personal delivery: When personally delivered to the recipient, notices are effective on delivery.

First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

Addresses for purpose of giving notice are as follows:

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To County: COUNTY OF ALAMEDA
Health Care Services Agency
1404 Franklin Street, Suite 300
Attn: Kerry Abbott
To Contractor: CITY OF LIVERMORE HOUSING AND HUMAN SERVICES DIVISION 1052 S Livermore Ave
Livermore, CA 94550
Attn: Marianna Marysheva
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.

14. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.

15. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. c. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to ATTACHMENT 1
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the extent such records or portions of such records are confidential or privileged under state or federal law.
d. Contractor shall recruit vigorously and encourage minority - and women-owned businesses to bid its subcontracts.
e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.
f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.

16. DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed.

Violation of this provision shall constitute a material breach of this Agreement.

17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor.

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor’s books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last ATTACHMENT 1
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payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later.

18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement, all Documents and Materials, as defined in Paragraph 11 of this Agreement. Contractor’s obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (3) years following the County’s last payment to Contractor under this Agreement.

19. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

20. TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its Tri-Valley Shelter Programs – Operating Subsidies Services shall not exceed $423,010 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.

21. SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION: Contractor is approved by County to participate in contract without SLEB participation. As a result, there is no requirement to be certified or subcontract with another business in order to satisfy the County’s Small and Emerging Locally owned Business provision. The approval is based on:

Contractor is exempt from SLEB requirements because it is a governmental entity.

However, if circumstances or the terms of the contract should change, Contractor may be required to immediately comply with the County’s Small and Emerging Local Business provisions, including but not limited to:
a. Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20% with a certified small or emerging local business(es). b. SLEB subcontractor(s) is independently owned and operated (i.e., is not owned or operated in any way by Prime), nor do any employees of either entity work for the other.

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c. Small and/or Emerging Local Business partic ipation and current SLEB certification status must be maintained for the term of the contract. Contractor shall ensure that their own certification status and/or that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Program.
d. Contractor shall not substitute or add any small and/or emerging local business(s) listed in this agreement without prior written approval from the County. Said requests to substitute or add a small and/or emerging local business shall be submitted in writing to the County department contract representative identified under Item #13 above.

Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency, Office of Contract Compliance & Reporting (OCCR).
e. All SLEB participation, except for SLEB prime contractor, must be tracked and monitored utilizing the Elation compliance System.

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small and/or emerging local business.

For further information regarding the Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact OCCR via e-mail at [email protected].

22. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public.

23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California.

24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and ATTACHMENT 1
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any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties.

26. HEADINGS herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.

27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance.

28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.

29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor’s performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County’s request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.

30. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County’s prior written approval.
a. Neither party shall, on the basis of this Agre ement, contract on behalf of or in the name of the other party. Any agreement that violates this Paragraph shall confer no rights on any party and shall be null and void.
b. Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County’s prior written approval. c. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C.

Contractor shall verify subcontractor’s compliance.

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d. Contractor shall remain fully responsible fo r compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.

31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration.

32. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the material s, services, hardware or software (“Contractor Products”) provided to County under this Agreement infringe any patent, copyright or other proprietary right. Contractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, “Losses”) arising out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) notify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so. Contractor shall not agree without County’s prior written consent, to any settlement, which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products.
a. If Contractor is obligated to defend County pursuant to this Paragraph 33 and fails to do so after reasonable notice from County, County may defend itself and/or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney’s fees and costs) incurred in relationship with County’s defense and/or settlement of such proceeding.
b. In the case of any such claim of infringeme nt, Contractor shall either, at its option, (1) procure for County the right to continue using the Contractor Products; or (2) replace or modify the Contractor Products so that that they become non-infringing, but equivalent in functionality and performance.
c. Notwithstanding this Paragraph 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products infringe any patent, copyright, or other intellectual property right.

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34. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.

35. EXTENSION: This agreement may be extended for up to two years by mutual agreement of the County and the Contractor.

36. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. [END OF GENERAL TERMS AND CONDITIONS]
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Exhibit A

EXHIBIT A

PROGRAM DESCRIPTION AND PERFORMANCE REQUIREMENTS
Contractor Name: City of Livermore
Contracting Department: Health Care Services Agency (HCSA) Office of Homeless Care and Coordination (OHCC)
Contract Period: 10/01/2022 – 06/30/2023
Contract Amount: $423,010
The City of Livermore shall utilize HHAP funds towards the provision of the following services:

Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregate shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves.

Funding Overview:

HHAP guidelines specify spending must be informed by a best practices’ framework focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families to maintain their permanent housing:

I. “Homeless,” as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.

II. Housing-related activities funded with HHAP funds must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).

The HHAP Grant Agreement is incorporated into this Agreement by this reference and may be relied upon to interpret this Agreement.

The Target Population:

Provide low-barrier, compassionate, and non-judgmental shelter and case management to individuals experiencing homelessness; assistance to rapidly secure and obtain permanent housing.

Program Names and Locations:

Tri-Valley Haven (Interim Housing)
location hidden to ensure privacy and confidentiality
Goodness Village (Permanent Housing)
1660 Freisman Rd. Livermore, CA 94551
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Exhibit A

Contracted Services:

Tri-Valley Haven
Tri-Valley Haven will provide operations and services for 14 emergency shelter beds for individuals experiencing homelessness and survivors of domestic violence and their children, in Alameda County.

Support will include provision of comprehensive services, case management, housing navigation, employment assistance to increase self-sufficiency, obtain permanent housing, and life skills education.

Shelter and onsite case management to 28 chronically homeless in Alameda County and operations for crisis response services including outreach, systems support for homeless adults and youth, prevention, and shelter diversion to permanent housing.

Goodness Village
Goodness Village will provide 28 units of permanent housing and wraparound services to individuals who formerly were experiencing chronic homelessness. Program will provide a safe, healthy living environment and onsite support staff offering vocational training, substance abuse services, mental health support, and case management. Additionally, program focus includes wellness efforts and provision of supportive interventions, de-escalation techniques, and education to help individuals transition and retain their housing.

HHAP funds shall be used for the operations and administration of the projects.

Project Goals:
x Provide low-barrier, compassionate, and non-judgmental services to literally homeless individuals in the County of Alameda
x Assist literally homeless individuals to rapidly obtain permanent housing x Capture data in real-time in the Homeless Management Information System (HMIS) on all participants served and all significant services rendered. a. HMIS project enrollments for each participant entering the program b. HMIS project exit with exit destinatio n for each participant exiting the program c. HMIS annual assessments as necessary for participants enrolled one year or longer Numbers Served: Captures numbers of individuals and households served by various sub-population breakdowns.
d. Outcomes: Captures exit destination of populations covered by the APR (all, veterans, youth) e. Supplemental: Captures exit destination of populations not covered by the APR (CH, race, ethnicity, gender)
Target Population:

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Exhibit A

HHAP funds will be utilized to support adults and children experiencing homelessness in Alameda County. Providing supportive services and shelter for individuals experiencing homelessness. x Shelter (Interim Housing): will accept referrals for unhoused individuals living in Alameda County on the Crisis Queue and referred through the South County/Tri-City Housing Resource Center. The Tri-Valley Haven Domestic Violence Shelter will work with community services and utilize referrals through the South County/Tri-City Housing Resource Center. x Goodness Village (Permanent Housing): will utilize CES for referrals for unhoused individuals living in Alameda County to access Goodness Village 28 units.

Program Outcomes:

The contractor agrees to the following program success measures:

Process Objectives and Performance Measures
Contractor shall meet the following objectives, utilizing the County-adopted Results-Based Accountability (RBA) performance targets:

A. Performance Measure (“How Much”):

Contractor shall complete the following outcomes:
x During contract term, serve a target of (14) unduplicated individuals within the Tri-Valley Haven Domestic Violence shelter.
x During contract term, serve a target of (28) unduplicated individuals within Goodness Village. x Support a minimum of 80% of participants in accessing mainstream benefits within the Tri- Valley Haven Domestic Violence shelter.
x Support a minimum of 80% of participants in accessing mainstream benefits within the Goodness Village.
x Target average length of participation in shelter: 180 days or less within the Tri-Valley Haven Domestic Violence shelter.

B. Performance Measure (“Is Anyone Better Off”):

Contractor shall meet the following outcomes:
x Support a minimum of 30% of enrolled participants exiting to permanent housing within the Tri- Valley Haven Domestic Violence shelter.
x Less than 5% of enrolled participants exiting to literal homelessness from Goodness Village. x Support a minimum of 75% of enrolled participants with increasing or maintaining income within the Tri-Valley Haven Domestic Violence shelter.
x Support a minimum of 75% of enrolled participants increasing or maintaining income within the Goodness Village.

ATTACHMENT 1
653
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A

Reporting & Evaluation Requirements:

For every participant served, Contractor will:
x Provide Alameda County Health Care Services Agency with a dedicated point of contact for data quality and reporting (a ‘data lead’).
x Complete all entry/exit Universal Data Elements (UDEs) in HMIS. x Provide real-time (within twenty-four hours) data entry of all participants served into the HMIS.

At a minimum, this includes the HMIS intake and project entries/exits, and services provided, as applicable.
x Provide an HMIS “Annual Performance Report (APR)” report for the duration of the monthly period, reflecting the unduplicated total of persons served (including homeless persons or persons at imminent risk of homelessness served). APR shall be extracted from the County’s HMIS and shall not exceed 5% of null values in Questions 6a-f of the APR (Data Quality Sections).
x APRs must be submitted for each individual project type (i.e., Rapid Re-housing, Homeless Prevention, or relevant project) reports as demonstrated within the Quarterly Outcomes Reporting:

1. Brief Description of Contract Services Specific to Quarterly Fiscal Year.

2. Number of Unduplicated Participants Served in Quarterly Fiscal Year.

3. Annual Target Number of Unduplicated Participants to be Served per Year.

4. Number of Unduplicated Participants Served Fiscal Year to Date.

5. Brief Narrative to Highlight Accomplishments Specific to the Quarterly Fiscal Year.

6. Brief Narrative to Highlight Challenges Specific to the Quarterly Fiscal Year. x Ensure HMIS projects correctly identify appropriate funding sources for segmentation at the participant level to facilitate State-level reporting requirements (i.e., Homeless Housing, Assistance and Prevention (HHAP) funding for shelter support, separated by individual project.) County shall have on-demand access to City of San Leandro’s HMIS data and will regularly, but no less frequently than monthly, pull these data sets to create program performance dashboards on program outcomes listed above. City of San Leandro agrees to work iteratively with County staff if data quality issues are identified during the course of reporting evaluation and dashboard creation, and to correct all data entry errors identified by County staff in a timely manner.

In the event HMIS is not available for a prolonged period, Contractor agrees to work with County staff to develop a comparable interim data collection solution. This interim solution shall pertain to all provisions in this Exhibit that otherwise refer to HMIS data collection, until such time as HMIS becomes sufficiently available and staff can be trained to use it. The City of San Leandro further ATTACHMENT 1
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Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A

agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.

Contractor further agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.

Provide spending reports and accompanying documentation, with format and frequency as required by other funding sources.

Contractor must undertake continuous quantitative and qualitative (extracted from HMIS) evaluation of the Scope of Services as specified in this Agreement and shall share quarterly and annual written reports as demonstrated within HMIS.
x Capture data for Domestic Violence shelter reporting requirements for HHAP funds on all participants served and all significant services rendered, inputted and extracted from an HMIS-comparable database system, including: Exhibit B1
a. Numbers Served: Captures number of individuals and households served by various sub-population breakdowns.
b. Outcomes: Captures exit destination of populations covered by the APR (all, veterans, youth)
c. Supplemental: Captures exit destination of populations not covered by the APR (CH, race, ethnicity, gender)
x Numbers reported should be persons served by the entire project regardless of how much of the project was funded by HHAP.

Quarterly Reporting Deadlines:

Service Period Due to County
Q2 10/01/2022 - 12/31/2022 01/15/2023
Q3 01/01/2023 - 03/31/2023 04/15/2023
Q4 04/01/2023 - 06/30/2023 07/15/2023
Program Monitoring:
x The County staff liaison will facilitate program monitoring, which may include a review of operations, participant eligibility, participant records, including any required releases or documentation for federal/county funding, backup documentation for reporting progress towards meeting service and outcome objectives, coordination and communication with The City of San Leandro and Alameda County, and coordination with service providers who come to the site or serve as participant referrals.

ATTACHMENT 1
655
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A

Fiscal Compliance and Contract Monitoring:
x Fiscal monitoring may include review of the Grantee's organizational budget, the general ledger, quarterly balance sheet, cost allocation procedures and plan, State and Federal tax forms, audited financial statement, fiscal policy manual, supporting documentation for selected invoices, cash receipts and disbursement journals.
x Compliance monitoring will include review of Personnel Manual, Policy Manuals or Documentation, Compliance with the Americans with Disabilities Act, subcontracts, and MOUs.

The County staff liaison will visit the project site periodically to review records and observe activities. The Contractor will provide participants' names, addresses, and telephone numbers to designated County staff liaison(s) in accordance with applicable laws and regulations.

Additional Requirements:

Contractor agrees that only the following reasons, adapted from the 2022 Alameda County Shelter Standards Section A.36, may be used as a basis for discharge from the shelter.

Only the following reasons may be used as a basis for discharge from a shelter facility:
x Possession of a weapon at the facility
x Possession of illegal drugs on premises. If alcohol or drugs are found, participant should be given the opportunity to dispose of the prohibited substance or leave the shelter for that night if they do not wish to dispose of the prohibited substance. A violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other participants or staff, or repeatedly interferes with the rights of other participants to peaceful enjoyment of the facility.
x Assault or other violent behavior
x Theft
x Destruction of property
x Restraining order precludes continued residence
x Participant behavior endangers health or safety of participants or staff x Repeated interference with the rights of other participants to peaceful enjoyment of the facility.
x Presence of infectious disease that significantly increases the risk of harm to other participants.

Note that participants with lice or scabies or exhibiting symptoms of TB should be allowed to stay in shelter and sent to a health care provider for treatment as soon as possible. Precautions should be taken to avoid spread as feasible. Noncompliance with treatment or containment measures that endangers other participants may be cause for discharge. x Participant requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, ATTACHMENT 1
656
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A

walking and transferring) without appropriate supports available on-site. Individuals discharged due to care and supervision needs cannot be discharged to the streets. x Participants may be discharged for refusing to work towards a housing plan and/or refusing multiple housing opportunities; however, evidence must be present that shelter and respite staff actively attempted to engage the participants in services designed to support an exit to stable permanent housing with consideration given to each participants barriers to engagement.

Contractor may not impose arbitrary lengths of stay for participants who are otherwise compliant with these protocols. Any discharge for a violation of these protocols must be fully documented (for example, in agency case notes) and made available to County, upon request. Participants who are discharged shall be afforded the opportunity to file a grievance. Contractor agrees to establish a grievance policy for the shelter and respite programs that shall comport with any Alameda County Coordinated Entry System grievance policy guidelines.

While participants may be encouraged to get a TB test, lack of a test cannot be used as a reason for discharge. If a participant exhibits symptoms of TB and does not comply with testing and treatment recommendations, the participant may be discharged to protect the health and safety of other participants and staff.

Certification/Licensure/ Confidentiality
x Contractor will maintain all required licenses and special permits issued by federal, state, and local agencies related to the services it provides.
x Contractor shall conform to all federal and state laws relating to confidentiality of patients’ medical information, including but not limited to HIPAA and HITECH when applicable.

ATTACHMENT 1
657
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B

EXHIBIT B

TERMS AND CONDITIONS FOR PAYMENT
Budget Summary
Contractor’s expenditures shall be in accordance with the chart set forth below.

FY 22/23 HHAP Funded Expenses
Category Amount
Tri-Valley Haven $314,550
Goodness Village $108,460
TOTAL $423,010
HHAP allowable funds are limited to: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregant shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves.

Terms and Conditions of Payment:

A. The total amount of reimbursement under the terms of this Agreement shall not exceed $423,010. Funds shall be used solely in support of the program budget above. a. Any start-up expenditures or other advance payment are subject to the County’s Cash Advance Policy and Government Code 11019:
i. Contractor must be a community-based, private, nonprofit organization. ii. Advance payments will be considered at the beginning of the contract period on a case-by-case basis in response to critical financial need and the inability to reasonably meet payroll and operating expense requirements in a timely manner.
iii. A cash advance may be granted only once a year at the beginning of the contract period for expenses associated only with Alameda County contracts and is not to exceed the equivalent of the value of the contract divided by the number of months in the contract.
iv. The cash advance must be repaid in cash and include a recoupment plan. v. Any cash advance request must be in the form of a letter from the organization’s Executive Director submitted to the supervising department, with a Cash Advance Request Form completed. Departments will review each request within three weeks and forward the request to the Auditor for processing. The reason for any denial will be stated in writing to the Contractor.

ATTACHMENT 1
658
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B

B. Contractor shall invoice the County not more than monthly for actual expenses incurred. The final invoice shall be for an amount not to exceed the remaining balance of the contract. The final invoice and accompanying reports must be received no later than August 1, 2023.

C. All invoices must be accompanied by reports described in Exhibit A upon contract execution.

D. County shall use best efforts to process invoices submitted for reimbursement by Contractor within forty-five (45) working days of receipt, review, and approval of complete and accurate invoice, reports, and any other back up documentation, information, or reports as requested.

Invoicing Procedures:

A. Invoices must include the Purchase Order (PO) number, invoice date, invoice number, service period, contract balance, actual expenditures (which may not exceed the budget in Exhibit B), invoice total amount and all required reports, and any other back up documentation, information, or reports as requested, and shall be emailed to:

CC: LaWanda Green – [email protected]
CC: [email protected]
B. The County and/or Auditor-Controller may withhold payment of all or a portion of Contractor’s claim for reimbursement of expenses when the Contractor has not complied with provisions of the current Agreement or a prior Agreement. Such matters of non-compliance may include, but are not restricted to, the delivery of patient and related services, submission of consumer service data and required reports, submission of documents supporting reimbursement requests which verify expenditures incurred, maintenance of proper records, submission of revenue reports, disallowance as a result of interim audit or financial compliance evaluations, or other conditions as required in this Agreement by Federal, State or County regulations. If payment of claims is to be delayed, the following procedures will be followed:
a. Contractor shall be notified by telephone within seven (7) working days of the receipt by County of Contractor’s claim if there is a reason for delaying or withholding payment. b. The County shall provide written confirmation of reason(s) for delaying or withholding payment if the matter cannot be resolved within ten (10) working days of receipt of claim.
c. The County shall not be required to give written notice of the withholding action if an invoice must be held pending revisions, corrections, or amendments. It is the Contractor’s responsibility to correct invoice documents. In all cases, the Contractor shall be notified of the errors and corrective action needed. The withholding action shall be discussed with the Contractor at the time errors are brought to the Contractor’s attention. The County may, with Contractor’s consent, make minor adjustments on invoices to correct mathematical/typographical errors to expedite the claims process.

C. Contractor shall submit all final claims for reimbursement under this Agreement within forty- five (45) days following the expiration of this Agreement. All claims submitted after forty-five (45) days following the expiration date of this Agreement will not be subject to reimbursement by the County. Any "obligations incurred" which are included in the claims for reimbursement ATTACHMENT 1
659
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B

and paid by the County, but which remain unpaid by the Contractor after forty-five (45) days following the expiration date of the Agreement will be disallowed under audit by the County.

Sub-Contractor Requirements:

A. If a portion of the services under this Ag reement are to be performed by a third-party, Contractor must submit a formalized agreement to the County for approval prior to the execution of the contract and the provision of services by the sub-contractor. Failure to initiate, request, and receive written prior approval of sub-contractor may result in the disallowance of payments to the third-party.

B. Contractor shall ensure that all sub-contracts, scopes of services, line item budgets and budget narratives are submitted in the format as set forth by County, State and Federal mandates depending on funding sources. The decision to approve or disapprove any sub- contracts will be based on the information contained in the contract documents. Therefore the contracts must, as applicable, describe the activities or functions involved, a time schedule, a justification for the performance by a third-party, rate of compensation, a breakdown of and justification for the estimated costs, including the manner in which indirect costs, if any, will be reimbursed, the grant policies and requirements that are applicable to sub-contractor, other policies and procedures to be followed, the maximum amount of money for which Contractor may become liable under the agreement, and the cost principles to be used in determining allowable costs in the case of cost-type contracts.

C. Contractor shall reimburse subcontractors or personal consultants only for those services provided or for those activities performed pursuant to this Agreement.

Financial Controls, Records, and Audit:

A. Financial Records: Contractor has sole au thority over accounting and systems for the development, preparation and safekeeping of records and books of account relating to contracted services, including the preparation and submission of any cost reports, supporting data and other materials in connection with reimbursement under Medicaid and other third- party payment contracts and programs.

B. Audit: Contractor will participate in an annual fiscal audit to be pre-scheduled and conducted by the County. The fiscal audit will include a financial review of one monthly reimbursement request, specifically: verification of all related financial support documentation utilized in the development of the specific reimbursement request; and, examination of Contractor financial record-keeping systems and procedures relative to the development of the reimbursement request and receipt of payment. Upon completion of the annual fiscal audit the County will provide Contractor a finding report with applicable corrective measures, as necessary.

Timelines for executing applicable corrective measures shall be negotiated between Contractor and the County.

Other Provisions:

ATTACHMENT 1
660
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B

A. The continuation of this Agreement and payments hereunder shall be subject to the availability of funds to the County of Alameda. Alameda County agrees to notify the Contractor in writing of any modifications related to changes in available funding.

B. Should the State of California, Federal Government, or other funding source refuse to reimburse County (or disallow payment, including based upon audit exceptions) for any relevant claim submitted to County by Contractor, Contractor agrees to reimburse County for all such claims or disallowances. Any such disallowances or penalties resulting will be the sole responsibility of the Contractor.

ATTACHMENT 1
661
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

EXHIBIT B1
ATTACHMENT 1
662
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

ATTACHMENT 1
663
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

ATTACHMENT 1
664
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

MANUAL REPORTING FORM
ALL PROJECTS (EXCEPT COORDINATED ENTRY): All Projects Outcomes This reporting form aligns with the HUD HMIS APR Programming Specifications:
https://files.hudexchange.info/resources/documents/HMIS-Programming-Specifications.pdf Please refer to the Annual Report Instructions for additional guidance on completing this form. Reminder, do NOT include Coordinated Entry projects.

If possible, use an APR that includes all HHAP-1 funded projects to help you complete this form.

Please report information in the space provided.

Q23c. Exit Destination - All persons APR Question 23c. Report exits of
persons/households(HHs)
served on all HHAP-1 funded
projects

• Add the exits of
persons/HHs served in
every HHAP-1 funded
project. This should be
exits of persons/HHs
served by the entire
project regardless of how
much of the project was
funded by HHAP-1.

Total Without Children With Children and
Adults
With Only Children Unknown
Household Type
Permanent Destinations
Moved from one
HOPWA funded project
to HOPWA PH
Owned by client, no
ongoing housing subsidy
Owned by client, with
ongoing housing subsidy
Rental by client, no
ongoing housing subsidy

Rental by client, with
VASH housing subsidy
Rental by client, with
GPD TIP housing subsidy
Rental by client, with
other ongoing housing

subsidy
Permanent housing
(other than RRH) for
formerly homeless

persons
Staying or liv ing with
family, permanent
tenure
Staying or liv ing with
friends, permanent
tenure
Rental by client, with
RRH or equivalent

subsidy
Rental by client, with
HCV voucher (tenant or
project based)
Rental by client in a
public housing unit
Subtotal
ATTACHMENT 1
665
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

Temporary Destinations
Emergency shelter,
including hotel or motel
paid for with
emergency shelter
voucher, or RHY-funded
Host Home shelter
Moved from one
HOPWA funded project
to HOPWA TH
Transitional housing for
homeless persons
(including homeless
youth)
Staying or liv ing with
family, temporary
tenure (e.g. room,

apartment or house)
Staying or liv ing with
friends, temporary
tenure (e.g. room,

apartment or house)
Place not meant for
habitation (e.g., a
vehicle, an abandoned
building, bus / train /
subway station / airport
or anywhere outside)
Safe Haven
Hotel or motel paid for
without emergency
shelter voucher
Host Home (non-crisis)
Subtotal
Institutional Settings
Foster care home or
group foster care home
Psychiatric hospital or
other psychiatric facility
Substance abuse
treatment facility or
detox center
Hospital or other
residential non-
psychiatric medical

facility
Jail, prison, or juvenile
detention facility
Long-term care facility
or nursing home
Subtotal
Other Destinations
Residential project or
halfway house with no
homeless criteria
Deceased
Other
Client Doesn't
Know/Client Refused
Data Not Collected (no
exit interview
completed)
Subtotal
Total
Total persons exiting to
positive housing
destinations
Total persons whose
destinations excluded
them from the

calculation
Percentage
ATTACHMENT 1
666
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

APR Question 25i. Report
exits of
persons/households(HHs)
served on all HHAP-1
funded projects
• Add the exits of
persons/HHs served in
every HHAP-1 funded
project. This should be
exits of persons/HHs
served by the entire
project regardless of
how much of the
project was funded by
HHAP-1.

Q25i. Exit Destination - Veterans
Total Without Children With Children and
Adults
With Only Children Unknown
Household Type
Permanent Destinations
Moved from one
HOPWA funded project
to HOPWA PH
Owned by client, no
ongoing housing subsidy
Owned by client, with
ongoing housing subsidy
Rental by client, no
ongoing housing subsidy
Rental by client, with
VASH housing subsidy
Rental by client, with
GPD TIP housing subsidy
Rental by client, with
other ongoing housing
subsidy
Permanent housing
(other than RRH) for
formerly homeless
persons
Staying or liv ing with
family, permanent
tenure
Staying or liv ing with
friends, permanent
tenure
Rental by client, with
RRH or equivalent
subsidy
Rental by client, with
HCV voucher (tenant or
project based)
Rental by client in a
public housing unit
Subtotal
Temporary Destinations
Emergency shelter,
including hotel or motel
paid for with
emergency shelter
voucher, or RHY-funded
Host Home shelter
Moved from one
HOPWA funded project
to HOPWA TH
Transitional housing for
homeless persons
(including homeless
youth)
Staying or liv ing with
family, temporary
tenure (e.g. room,
apartment or house)
Staying or liv ing with
friends, temporary
tenure (e.g. room,
apartment or house)
Place not meant for
habitation (e.g., a
vehicle, an abandoned
building, bus / train /
subway station / airport
or anywhere outside)
Safe Haven
Hotel or motel paid for
without emergency
shelter voucher
Host Home (non-crisis)
Subtotal
ATTACHMENT 1
667
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

Institutional Settings
Foster care home or
group foster care home
Psychiatric hospital or
other psychiatric facility
Substance abuse
treatment facility or
detox center
Hospital or other
residential non-
psychiatric medical

facility
Jail, prison, or juvenile
detention facility
Long-term care facility
or nursing home
Subtotal
Other Destinations
Residential project or
halfway house with no
homeless criteria
Deceased
Other
Client Doesn't
Know/Client Refused
Data Not Collected (no
exit interview
completed)
Subtotal
Total
Total persons exiting to
positive housing
destinations
Total persons whose
destinations excluded
them from the
calculation
Percentage
ATTACHMENT 1
668
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

APR Question 25i. Report
exits of
persons/households(HHs)
served on all HHAP-1
funded projects

• Add the exits of
persons/HHs served in
every HHAP-1 funded
project. This should be
exits of persons/HHs
served by the entire
project regardless of
how much of the
project was funded by
HHAP-1.

Q27f. Exit Destination - Youth
Total Without Children With Children and
Adults
With Only Children Unknown
Household Type
Permanent Destinations
Moved from one
HOPWA funded project
to HOPWA PH
Owned by client, no
ongoing housing subsidy

Owned by client, with
ongoing housing subsidy
Rental by client, no
ongoing housing subsidy
Rental by client, with
VASH housing subsidy
Rental by client, with
GPD TIP housing subsidy
Rental by client, with
other ongoing housing

subsidy
Permanent housing
(other than RRH) for
formerly homeless

persons
Staying or liv ing with
family, permanent
tenure
Staying or liv ing with
friends, permanent

tenure
Rental by client, with
RRH or equivalent
subsidy

Rental by client, with
HCV voucher (tenant or

project based)
Rental by client in a
public housing unit
Subtotal
ATTACHMENT 1
669
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

Temporary Destinations
Emergency shelter,
including hotel or motel
paid for with
emergency shelter

voucher, or RHY-funded
Host Home shelter

Moved from one
HOPWA funded project
to HOPWA TH
Transitional housing for
homeless persons
(including homeless
youth)
Staying or liv ing with
family, temporary
tenure (e.g. room,

apartment or house)
Staying or liv ing with
friends, temporary
tenure (e.g. room,
apartment or house)
Place not meant for
habitation (e.g., a

vehicle, an abandoned
building, bus / train /
subway station / airport
or anywhere outside)

Safe Haven
Hotel or motel paid for
without emergency
shelter voucher
Host Home (non-crisis)
Subtotal
Institutional Settings
Foster care home or
group foster care home
Psychiatric hospital or
other psychiatric facility
Substance abuse
treatment facility or
detox center
Hospital or other
residential non-
psychiatric medical

facility
Jail, prison, or juvenile
detention facility
Long-term care facility
or nursing home
Subtotal
Other Destinations
Residential project or
halfway house with no
homeless criteria
Deceased
Other
Client Doesn't
Know/Client Refused
Data Not Collected (no
exit interview
completed)
Subtotal
Total
Total persons exiting to
positive housing

destinations
Total persons whose
destinations excluded
them from the
calculation
Percentage
ATTACHMENT 1
670
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

MANUAL REPORTING FORM
ALL PROJECTS (EXCEPT COORDINATED ENTRY): All Projects Supplemental Outcomes Supplemental Outcomes can likely be generated from your HMIS System.

Please refer to the Annual Report Instructions for additional guidance on completing this form. Reminder, do NOT include Coordinated Entry projects.

If possible, use an APR that includes all HHAP-1 funded projects to help you complete this form.

Please report information in the space provided.

Report exits of persons/households(HHs)
served on all HHAP-1 funded projects
• Add the exits of persons/HHs served in
every HHAP-1 funded project. This
should be exits of persons/HHs served by
the entire project regardless of how
much of the project was funded by
HHAP-1.

Population of Interest
Chronically
Homeless
Permanent Destinations
Moved from one HOPWA funded
project to HOPWA PH
Owned by client, no ongoing housing
subsidy
Owned by client, with ongoing housing
subsidy
Rental by client, no ongoing housing
subsidy
Rental by client, with VASH housing
subsidy
Rental by client, with GPD TIP housing
subsidy
Rental by client, with other ongoing
housing subsidy
Permanent housing (other than RRH) for
formerly homeless persons

Staying or liv ing with family, permanent
tenure
Staying or liv ing with friends,
permanent tenure
Rental by client, with RRH or
equivalent subsidy
Rental by client, with HCV voucher
(tenant or project based)
Rental by client in a public housing unit
Subtotal
Temporary Destinations
Emergency shelter, including hotel or
motel paid for with emergency shelter
voucher, or RHY-funded Host Home
shelter
Moved from one HOPWA funded
project to HOPWA TH
Transitional housing for homeless
persons (including homeless youth)
Staying or liv ing with family, temporary
tenure (e.g. room, apartment or house)
Staying or liv ing with friends, temporary
tenure (e.g. room, apartment or house)
Place not meant for habitation (e.g., a
vehicle, an abandoned building, bus /
train / subway station / airport or
anywhere outside)
Safe Haven
Hotel or motel paid for without
emergency shelter voucher
Host Home (non-crisis)
Subtotal
ATTACHMENT 1
671
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

Race
White Black or
African
American
Asian American
Indian or
Alaska Native
Native Hawaiian
or Other Pacific
Islander
Multiple
Races
Client
Doesn't
Know/Client
Refused
Data Not
Collected
Permanent Destinations
Moved from one HOPWA funded
project to HOPWA PH
Owned by client, no ongoing housing
subsidy
Owned by client, with ongoing housing
subsidy
Rental by client, no ongoing housing
subsidy
Rental by client, with VASH housing
subsidy
Rental by client, with GPD TIP housing
subsidy
Rental by client, with other ongoing
housing subsidy
Permanent housing (other than RRH) for
formerly homeless persons
Staying or liv ing with family, permanent
tenure
Staying or liv ing with friends,
permanent tenure
Rental by client, with RRH or
equivalent subsidy
Rental by client, with HCV voucher
(tenant or project based)
Rental by client in a public housing unit
Subtotal
Report exits of
persons/households(HHs)
served on all HHAP-1
funded projects
• Add the exits of
persons/HHs served in
every HHAP-1 funded
project. This should be
exits of persons/HHs
served by the entire
project regardless of
how much of the
project was funded by
HHAP-1.

Institutional Settings
Foster care home or group foster care
home
Psychiatric hospital or other psychiatric
facility
Substance abuse treatment facility or
detox center
Hospital or other residential non-
psychiatric medical facility
Jail, prison, or juvenile detention facility
Long-term care facility or nursing home
Subtotal
Other Destinations
Residential project or halfway house
with no homeless criteria
Deceased
Other
Client Doesn't Know/Client Refused
Data Not Collected (no exit interview
completed)
Subtotal
Total
Total persons exiting to positive housing
destinations
Total persons whose destinations
excluded them from the calculation
Percentage
ATTACHMENT 1
672
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

Temporary Destinations
Emergency shelter, including hotel or
motel paid for with emergency shelter
voucher, or RHY-funded Host Home
shelter
Moved from one HOPWA funded
project to HOPWA TH
Transitional housing for homeless
persons (including homeless youth)
Staying or liv ing with family, temporary
tenure (e.g. room, apartment or house)

Staying or liv ing with friends, temporary
tenure (e.g. room, apartment or house)

Place not meant for habitation (e.g., a
vehicle, an abandoned building, bus /
train / subway station / airport or
anywhere outside)
Safe Haven
Hotel or motel paid for without
emergency shelter voucher
Host Home (non-crisis)
Subtotal
Institutional Settings
Foster care home or group foster care
home
Psychiatric hospital or other psychiatric
facility
Substance abuse treatment facility or
detox center
Hospital or other residential non-
psychiatric medical facility
Jail, prison, or juvenile detention facility
Long-term care facility or nursing home
Subtotal
Other Destinations
Residential project or halfway house
with no homeless criteria
Deceased
Other
Client Doesn't Know/Client Refused
Data Not Collected (no exit interview
completed)
Subtotal
Total
Total persons exiting to positive housing
destinations
Total persons whose destinations
excluded them from the calculation
Percentage
ATTACHMENT 1
673
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

Report exits of persons/households(HHs) served on all
HHAP-1 funded projects
• Add the exits of persons/HHs served in every HHAP-
1 funded project. This should be exits of
persons/HHs served by the entire project regardless
of how much of the project was funded by HHAP-

1. Client Doesn't Know/Client Refused
Non-
Hispanic/
Non-Latino
Hispanic/
Latino
Client
Doesn't
Know/ Client
Refused
Data Not
Collected
Permanent Destinations
Moved from one HOPWA funded
project to HOPWA PH
Owned by client, no ongoing housing
subsidy
Owned by client, with ongoing housing
subsidy
Rental by client, no ongoing housing
subsidy
Rental by client, with VASH housing
subsidy
Rental by client, with GPD TIP housing
subsidy
Rental by client, with other ongoing
housing subsidy
Permanent housing (other than RRH) for
formerly homeless persons
Staying or living with family, permanent
tenure
Staying or living with friends,
permanent tenure
Rental by client, with RRH or
equivalent subsidy
Rental by client, with HCV voucher
(tenant or project based)
Rental by client in a public housing unit
Subtotal
Temporary Destinations
Emergency shelter, including hotel or
motel paid for with emergency shelter
voucher, or RHY-funded Host Home
shelter
Moved from one HOPWA funded
project to HOPWA TH
Transitional housing for homeless
persons (including homeless youth)
Staying or living with family, temporary
tenure (e.g. room, apartment or house)
Staying or living with friends, temporary
tenure (e.g. room, apartment or house)

Place not meant for habitation (e.g., a
vehicle, an abandoned building, bus /
train / subway station / airport or

anywhere outside)
Safe Haven
Hotel or motel paid for without
emergency shelter voucher
Host Home (non-crisis)
Subtotal
Institutional Settings
Foster care home or group foster care
home
Psychiatric hospital or other psychiatric
facility
Substance abuse treatment facility or
detox center
Hospital or other residential non-
psychiatric medical facility
Jail, prison, or juvenile detention facility
Long-term care facility or nursing home
Subtotal
Other Destinations
Residential project or halfway house
with no homeless criteria
Deceased
Other
Client Doesn't Know/Client Refused
Data Not Collected (no exit interview
completed)
Subtotal
Total
Total persons exiting to positive housing
destinations
Total persons whose destinations
excluded them from the calculation
Percentage
ATTACHMENT 1
674
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1

Report exits of
persons/households(HHs)
served on all HHAP-1 funded
projects
• Add the exits of
persons/HHs served in
every HHAP-1 funded
project. This should be
exits of persons/HHs
served by the entire
project regardless of how
much of the project was
funded by HHAP-1.

Gender
Male Female Trans Female
(MTF or Male
to Female)
Trans Male (FTM
or Female to
Male)
Gender Non-
Conforming (i.e.
not exclusively
male or female)
Client
Doesn't
Know/Client
Refused
Data Not
Collected
Permanent Destinations
Moved from one HOPWA funded
project to HOPWA PH
Owned by client, no ongoing housing
subsidy
Owned by client, with ongoing housing
subsidy
Rental by client, no ongoing housing
subsidy
Rental by client, with VASH housing
subsidy
Rental by client, with GPD TIP housing
subsidy
Rental by client, with other ongoing
housing subsidy
Permanent housing (other than RRH) for
formerly homeless persons
Staying or living with family, permanent
tenure
Staying or living with friends,
permanent tenure
Rental by client, with RRH or
equivalent subsidy
Rental by client, with HCV voucher
(tenant or project based)
Rental by client in a public housing unit
Subtotal
Temporary Destinations
Emergency shelter, including hotel or
motel paid for with emergency shelter
voucher, or RHY-funded Host Home
shelter
Moved from one HOPWA funded
project to HOPWA TH
Transitional housing for homeless
persons (including homeless youth)
Staying or living with family, temporary
tenure (e.g. room, apartment or house)
Staying or living with friends, temporary
tenure (e.g. room, apartment or house)

Place not meant for habitation (e.g., a
vehicle, an abandoned building, bus /
train / subway station / airport or

anywhere outside)
Safe Haven
Hotel or motel paid for without
emergency shelter voucher
Host Home (non-crisis)
Subtotal
Institutional Settings
Foster care home or group foster care
home
Psychiatric hospital or other psychiatric
facility
Substance abuse treatment facility or
detox center
Hospital or other residential non-
psychiatric medical facility
Jail, prison, or juvenile detention facility
Long-term care facility or nursing home
Subtotal
Other Destinations
Residential project or halfway house
with no homeless criteria
Deceased
Other
Client Doesn't Know/Client Refused
Data Not Collected (no exit interview
completed)
Subtotal
Total
Total persons exiting to positive housing
destinations
Total persons whose destinations
excluded them from the calculation
Percentage
ATTACHMENT 1
675
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit C

ATTACHMENT 1
676
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit C

ATTACHMENT 1
677
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit C

ATTACHMENT 1
678
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit C

ATTACHMENT 1
679
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit C

ATTACHMENT 1
680
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit D

EXHIBIT D

COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
x Is not currently under suspension, debarment, voluntary exclusion, or determinationof ineligibility by any federal agency;
x Has not been suspended, debarred, voluntarily excluded or determined ineligible byany federal agency within the past three years;
x Does not have a proposed debarment pending; and
x Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted, indicate to whom it applies, initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in determining Contractor responsibility.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: City of Livermore
PRINCIPAL: Marianna Marysheva TITLE: City Manager
1/18/2023
SIGNATURE: DATE:

ATTACHMENT 1
681
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit E

EXHIBIT E

HIPAA BUSINESS ASSOCIATE AGREEMENT
This Exhibit, the HIPAA Business Associate Agreement (“Exhibit”) supplements and is made a part of the underlying agreement (“Agreement”) by and between the County of Alameda, (“County” or “Covered Entity”) and City of Livermore, (“Contractor” or “Business Associate”) to which this Exhibit is attached. This Exhibit is effective as of the effective date of the Agreement.

I. RECITALS
Covered Entity wishes to disclose certain information to Business Associate pursuant to the terms of the Agreement, some of which may constitute Protected Health Information (“PHI”); Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to the Agreement in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (the “HITECH Act”), the regulations promulgated thereunder by the U.S. Department of Health and Human Services (the “HIPAA Regulations”), and other applicable laws; and
The Privacy Rule and the Security Rule in the HIPAA Regulations require Covered Entity to enter into a contract, containing specific requirements, with Business Associate prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, sections 164.314(a), 164.502(e), and 164.504(e) of the Code of Federal Regulations (“C.F.R.”) and as contained in this Agreement.

II. STANDARD DEFINITIONS
Capitalized terms used, but not otherwise defined, in this Exhibit shall have the same meaning as those terms are defined in the HIPAA Regulations. In the event of an inconsistency between the provisions of this Exhibit and the mandatory provisions of the HIPAA Regulations, as amended, the HIPAA Regulations shall control. Where provisions of this Exhibit are different than those mandated in the HIPAA Regulations, but are nonetheless permitted by the HIPAA Regulations, the provisions of this Exhibit shall control. All regulatory references in this Exhibit are to HIPAA Regulations unless otherwise specified.

The following terms used in this Exhibit shall have the same meaning as those terms in the HIPAA Regulations: Data Aggregation, Designated Record Set, Disclosure, Electronic Health Record, Health Care Operations, Health Plan, Individual, Limited Data Set, Marketing, Minimum Necessary, Minimum Necessary Rule, Protected Health Information, and Security Incident.

The following term used in this Exhibit shall have the same meaning as that term in the HITECH Act:

Unsecured PHI.

III. SPECIFIC DEFINITIONS
Agreement. “Agreement” shall mean the underlying agreement between County and Contractor, to which ATTACHMENT 1
682
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit E

this Exhibit, the HIPAA Business Associate Agreement, is attached.

Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 C.F.R. section 160.103, the HIPAA Regulations, and the HITECH Act, and in reference to a party to this Exhibit shall mean the Contractor identified above. “Business Associate” shall also mean any subcontractor that creates, receives, maintains, or transmits PHI in performing a function, activity, or service delegated by Contractor.

Contractual Breach. “Contractual Breach” shall mean a violation of the contractual obligations set forth in this Exhibit.

Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 C.F.R. section 160.103, and in reference to the party to this Exhibit, shall mean any part of County subject to the HIPAA Regulations.

Electronic Protected Health Information. “Electronic Protected Health Information” or “Electronic PHI” means Protected Health Information that is maintained in or transmitted by electronic media.

Exhibit. “Exhibit” shall mean this HIPAA Business Associate Agreement.

HIPAA. “HIPAA” shall mean the Health Insurance Portability and Accountability Act of 1996, Public Law 104- 191.

HIPAA Breach. “HIPAA Breach” shall mean a breach of Protected Health Information as defined in 45 C.F.R. 164.402, and includes the unauthorized acquisition, access, use, or Disclosure of Protected Health Information which compromises the security or privacy of such information.

HIPAA Regulations. “HIPAA Regulations” shall mean the regulations promulgated under HIPAA by the U.S.

Department of Health and Human Services, including those set forth at 45 C.F.R. Parts 160 and 164, Subparts A, C, and E.

HITECH Act. “HITECH Act” shall mean the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (the “HITECH Act”).

Privacy Rule and Privacy Regulations. “Privacy Rule” and “Privacy Regulations” shall mean the standards for privacy of individually identifiable health information set forth in the HIPAA Regulations at 45 C.F.R. Part 160 and Part 164, Subparts A and E.

Secretary. “Secretary” shall mean the Secretary of the United States Department of Health and Human Services (“DHHS”) or his or her designee.

Security Rule and Security Regulations. “Security Rule” and “Security Regulations” shall mean the standards for security of Electronic PHI set forth in the HIPAA Regulations at 45 C.F.R. Parts 160 and 164, Subparts A and C.

ATTACHMENT 1
683
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit E

IV. PERMITTED USES AND DISCLOSURES OF PHI BY BUSINESS ASSOCIATE Business Associate may only use or disclose PHI:

A. As necessary to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement, provided that such use or Disclosure would not violate the Privacy Rule if done by Covered Entity;
B. As required by law; and
C. For the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

V. PROTECTION OF PHI BY BUSINESS ASSOCIATE
A. Scope of Exhibit. Business Associate acknowledges and agrees that all PHI that is created or received by Covered Entity and disclosed or made available in any form, including paper record, oral communication, audio recording and electronic display, by Covered Entity or its operating units to Business Associate, or is created or received by Business Associate on Covered Entity’s behalf, shall be subject to this Exhibit.

B. PHI Disclosure Limits. Business Associate agrees to not use or further disclose PHI other than as permitted or required by the HIPAA Regulations, this Exhibit, or as required by law. Business Associate may not use or disclose PHI in a manner that would violate the HIPAA Regulations if done by Covered Entity.

C. Minimum Necessary Rule. When the HIPAA Privacy Rule requires application of the Minimum Necessary Rule, Business Associate agrees to use, disclose, or request only the Limited Data Set, or if that is inadequate, the minimum PHI necessary to accomplish the intended purpose of that use, Disclosure, or request. Business Associate agrees to make uses, Disclosures, and requests for PHI consistent with any of Covered Entity’s existing Minimum Necessary policies and procedures.

D. HIPAA Security Rule. Business Associate agrees to use appropriate administrative, physical and technical safeguards, and comply with the Security Rule and HIPAA Security Regulations with respect to Electronic PHI, to prevent the use or Disclosure of the PHI other than as provided for by this Exhibit.

E. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or Disclosure of PHI by Business Associate in violation of the requirements of this Exhibit. Mitigation includes, but is not limited to, the taking of reasonable steps to ensure that the actions or omissions of employees or agents of Business Associate do not cause Business Associate to commit a Contractual Breach.

ATTACHMENT 1
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Master Contract No. 902012
Procurement Contract No. 24822
Exhibit E

F. Notification of Breach. During the term of the Agreement, Business Associate shall notify Covered Entity in writing within twenty-four (24) hours of any suspected or actual breach of security, intrusion, HIPAA Breach, and/or any actual or suspected use or Disclosure of data in violation of any applicable federal or state laws or regulations. This duty includes the reporting of any Security Incident, of which it becomes aware, affecting the Electronic PHI. Business Associate shall take (i) prompt corrective action to cure any such deficiencies and (ii) any action pertaining to such unauthorized use or Disclosure required by applicable federal and/or state laws and regulations.

Business Associate shall investigate such breach of security, intrusion, and/or HIPAA Breach, and provide a written report of the investigation to Covered Entity’s HIPAA Privacy Officer or other designee that is in compliance with 45 C.F.R. section 164.410 and that includes the identification of each individual whose PHI has been breached. The report shall be delivered within fifteen (15) working days of the discovery of the breach or unauthorized use or Disclosure. Business Associate shall be responsible for any obligations under the HIPAA Regulations to notify individuals of such breach, unless Covered Entity agrees otherwise.

G. Agents and Subcontractors. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions, conditions, and requirements that apply through this Exhibit to Business Associate with respect to such information. Business Associate shall obtain written contracts agreeing to such terms from all agents and subcontractors. Any subcontractor who contracts for another company’s services with regards to the PHI shall likewise obtain written contracts agreeing to such terms. Neither Business Associate nor any of its subcontractors may subcontract with respect to this Exhibit without the advanced written consent of Covered Entity.

H. Review of Records. Business Associate agrees to make internal practices, books, and records relating to the use and Disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity available to Covered Entity, or at the request of Covered Entity to the Secretary, in a time and manner designated by Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity’s compliance with the HIPAA Regulations. Business Associate agrees to make copies of its HIPAA training records and HIPAA business associate agreements with agents and subcontractors available to Covered Entity at the request of Covered Entity.

I. Performing Covered Entity’s HIPAA Obligations. To the extent Business Associate is required to carry out one or more of Covered Entity’s obligations under the HIPAA Regulations, Business Associate must comply with the requirements of the HIPAA Regulations that apply to Covered Entity in the performance of such obligations.

J. Restricted Use of PHI for Marketing Purposes. Business Associate shall not use or disclose PHI for fundraising or Marketing purposes unless Business Associate obtains an Individual’s authorization.

Business Associate agrees to comply with all rules governing Marketing communications as set forth in HIPAA Regulations and the HITECH Act, including, but not limited to, 45 C.F.R. section 164.508 and 42 U.S.C. section 17936.

K. Restricted Sale of PHI. Business Associate shall not directly or indirectly receive remuneration in exchange for PHI, except with the prior written consent of Covered Entity and as permitted by the HITECH Act, 42 U.S.C. section 17935(d)(2); however, this prohibition shall not affect payment by ATTACHMENT 1
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Master Contract No. 902012
Procurement Contract No. 24822
Exhibit E

Covered Entity to Business Associate for services provided pursuant to the Agreement.

L. De-Identification of PHI. Unless otherwise agreed to in writing by both parties, Business Associate and its agents shall not have the right to de-identify the PHI. Any such de-identification shall be in compliance with 45 C.F.R. sections 164.502(d) and 164.514(a) and (b).

M. Material Contractual Breach. Business Associate understands and agrees that, in accordance with the HITECH Act and the HIPAA Regulations, it will be held to the same standards as Covered Entity to rectify a pattern of activity or practice that constitutes a material Contractual Breach or violation of the HIPAA Regulations. Business Associate further understands and agrees that: (i) it will also be subject to the same penalties as a Covered Entity for any violation of the HIPAA Regulations, and (ii) it will be subject to periodic audits by the Secretary.

VI. INDIVIDUAL CONTROL OVER PHI
A. Individual Access to PHI. Business Associate agrees to make available PHI in a Designated Record Set to an Individual or Individual’s designee, as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. section 164.524. Business Associate shall do so solely by way of coordination with Covered Entity, and in the time and manner designated by Covered Entity.

B. Accounting of Disclosures. Business Associate agrees to maintain and make available the information required to provide an accounting of Disclosures to an Individual as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. section 164.528. Business Associate shall do so solely by way of coordination with Covered Entity, and in the time and manner designated by Covered Entity.

C. Amendment to PHI. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set as directed or agreed to by Covered Entity pursuant to 45 C.F.R. section 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. section 164.526.

Business Associate shall do so solely by way of coordination with Covered Entity, and in the time and manner designated by Covered Entity.

VII. TERMINATION
A. Termination for Cause. A Contractual Breach by Business Associate of any provision of this Exhibit, as determined by Covered Entity in its sole discretion, shall constitute a material Contractual Breach of the Agreement and shall provide grounds for immediate termination of the Agreement, any provision in the Agreement to the contrary notwithstanding. Contracts between Business Associates and subcontractors are subject to the same requirement for Termination for Cause.

B. Termination due to Criminal Proceedings or Statutory Violations. Covered Entity may terminate the Agreement, effective immediately, if (i) Business Associate is named as a defendant in a criminal proceeding for a violation of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws or (ii) a finding or stipulation that Business Associate has violated any standard or requirement of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws is ATTACHMENT 1
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Master Contract No. 902012
Procurement Contract No. 24822
Exhibit E

made in any administrative or civil proceeding in which Business Associate has been joined.

C. Return or Destruction of PHI. In the event of termination for any reason, or upon the expiration of the Agreement, Business Associate shall return or, if agreed upon by Covered Entity, destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity.

Business Associate shall retain no copies of the PHI. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate.

If Business Associate determines that returning or destroying the PHI is infeasible under this section, Business Associate shall notify Covered Entity of the conditions making return or destruction infeasible.

Upon mutual agreement of the parties that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Exhibit to such PHI and limit further uses and Disclosures to those purposes that make the return or destruction of the information infeasible.

VIII. MISCELLANEOUS
A. Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with this Exhibit, HIPAA, the HIPAA Regulations, or the HITECH Act will be adequate or satisfactory for Business Associate’s own purposes or that any information in Business Associate’s possession or control, or transmitted or received by Business Associate is or will be secure from unauthorized use or Disclosure. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI.

B. Regulatory References. A reference in this Exhibit to a section in HIPAA, the HIPAA Regulations, or the HITECH Act means the section as in effect or as amended, and for which compliance is required.

C. Amendments. The parties agree to take such action as is necessary to amend this Exhibit from time to time as is necessary for Covered Entity to comply with the requirements of HIPAA, the HIPAA Regulations, and the HITECH Act.

D. Survival. The respective rights and obligations of Business Associate with respect to PHI in the event of termination, cancellation or expiration of this Exhibit shall survive said termination, cancellation or expiration, and shall continue to bind Business Associate, its agents, employees, contractors and successors.

E. No Third Party Beneficiaries. Except as expressly provided herein or expressly stated in the HIPAA Regulations, the parties to this Exhibit do not intend to create any rights in any third parties.

F. Governing Law. The provisions of this Exhibit are intended to establish the minimum requirements regarding Business Associate’s use and Disclosure of PHI under HIPAA, the HIPAA Regulations and the HITECH Act. The use and Disclosure of individually identified health information is also covered by applicable California law, including but not limited to the Confidentiality of Medical Information Act (California Civil Code section 56 et seq.). To the extent that California law is more stringent with respect to the protection of such information, applicable California law shall govern Business ATTACHMENT 1
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Master Contract No. 902012
Procurement Contract No. 24822
Exhibit E

Associate’s use and Disclosure of confidential information related to the performance of this Exhibit.

G. Interpretation. Any ambiguity in this Exhibit shall be resolved in favor of a meaning that permits Covered Entity to comply with HIPAA, the HIPAA Regulations, the HITECH Act, and in favor of the protection of PHI.

This EXHIBIT, the HIPAA Business Associate Agreement is hereby executed and agreed to by CONTRACTOR:

Name: City of Livermore
By (Signature):

Print Name: Marianna Marysheva
ATTACHMENT 1
688
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND
APPROPRIATION OF $439,426 IN ALAMEDA COUNTY HOMELESS

HOUSING, ASSISTANCE AND PREVENTION (HHAP) PROGRAM
ROUNDS 3 AND 4 FUNDS TO PROVIDE OPERATING SUBSIDIES IN

NEW AND EXISTING AFFORDABLE OR SUPPORTIVE HOUSING

UNITS AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF
$245,237 IN UNEXPENDED HHAP ROUNDS 1 AND 2 FUNDS
The County of Alameda entered into a Grant Agreement with the State of California, Homeless Coordinating and Financing Council for the Homeless Housing, Assistance and Prevention (“HHAP”) Program authorized by AB 101 which provides block grant funds to move homeless people into permanent housing and ensure that those people maintain their permanent housing.

On February 7, 2023, the Alameda County Board of Supervisors allocated $423,010 in HHAP Rounds 1 and 2 funds to the City of Livermore (“City”). On February 14, 2023, the City of Livermore and County of Alameda entered into a Standard Services Agreement whereby the County retained the City to provide certain operating subsidies to Goodness Village, in an amount not-to-exceed $108,460, and Tri-Valley Haven, in an amount not-to-exceed $314,550. The City subsequently entered into subrecipient grant agreements with Goodness Village and Tri-Valley Haven. Approximately $245,237 in HHAP Rounds 1 and 2 funds designated for Tri-Valley Haven remain unexpended. The Standard Services Agreement and subrecipient grant agreements expired on June 30, 2023.

On October 24, 2023, the Alameda County Board of Supervisors approved the First Amendment to the Standard Services Agreement (“First Amendment”). This First Amendment, among other things, extends the term of the Standard Services Agreement through June 30, 2024, and appropriates an additional $439,426 in HHAP Rounds 3 and 4 funds to the City of Livermore, increasing the total not-to-exceed amount under the Agreement to $862,436. The First Amendment allocates the additional $439,426 in HHAP Rounds 3 and 4 funds as follows, which are to be used in accordance with and for the purposes outlined in the First Amendment:

HHAP Activity Funding Amount
Vineyard 2.0 $401,660
Tri-Valley Haven Emergency Shelters $18,766
City Serve of the Tri-Valley $19,000
Total $439,426
The City intends to execute grant agreements with agencies receiving allocations of HHAP funds from the City of Livermore as described above, as well as an amended grant agreement with Tri-Valley Haven to increase the funding available commensurate 689
RESOLUTION NO. ________
with the First Amendment and to extend the term to permit Tri-Valley Haven to use approximately $245,237 in unexpended HHAP Rounds 1 and 2 funds.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the acceptance and appropriation of the Alameda County HHAP Rounds 3 and 4 funds in the total amount of $439,426.

2. Authorizes the City Manager, or her designee, to sign all documents related to the execution of a First Amendment to the Standard Services Agreement with the County of Alameda, in substantially the same form as the First Amendment attached to this resolution as Exhibit A, for $439,426 in HHAP Rounds 3 and 4 funds, and related documents with the County of Alameda for HHAP Rounds 3 and 4 funds.

3. Authorizes the City Manager, or her designee, to sign all documents related to the execution of grant agreements and, as appropriate, amended grant agreements with agencies receiving allocations of HHAP funds from the City of Livermore, including agreements and amended agreements with agencies in amounts exceeding $100,000, consistent with the requirements of and in amounts not-to- exceed those listed in the agreement attached hereto as Exhibit A.

4. Approves a supplemental appropriation in the amount of $245,237, which is comprised of currently unexpended HHAP Rounds 1 and 2 funds designated for Tri-Valley Haven.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 13, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A – First Amendment to Standard Services Agreement with the County of Alameda 690
Master Contract No. 902012
Procurement Contract No. 24822

FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (“First Amendment”) is made by the County of Alameda (“County”) and City of Livermore, (“Contractor”) with respect to that certain agreement, Master Contract No. 902012, Procurement Contract No. 24822, dated as of October 1, 2022 (referred to herein as the “Agreement”) pursuant to which Contractor provides Tri-Valley Shelter Programs - Operating Subsidies to County.

For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Contractor agree to amend the Agreement in the following respects:

1. Except as otherwise stated in this First Amendment, the terms and provisions of this First Amendment will be effective as of the date this First Amendment is executed by the County.

2. The term of the Agreement expired on June 30, 2023. As of the date this First Amendment is executed by the County, the term of the Agreement is extended through June 30, 2024.

3. In consideration for Contractor’s additional services, the County shall pay Contractor in an additional amount not to exceed four hundred thirty-nine thousand, four hundred twenty-six dollars ($439,426). As a result of these additional services the not to exceed amount has increased from four hundred twenty-three thousand, ten dollars ($423,010) to eight hundred sixty-two thousand, four hundred thirty-six dollars ($862,436) over the term of the Agreement and any amendments.

4. Item 8, Payment, has been amended and replaced with the following:

PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B and Exhibit B1-1 hereto.

5. Item 20, Termination, is amended and replaced by the following:

TERMINATION: The County has and reserves the right to suspend, terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment. Said payment shall be computed in accordance with Exhibit B and Exhibit B1-1 hereto, provided that the maximum amount payable to

EXHIBIT A
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Master Contract No. 902012
Procurement Contract No. 24822

Contractor for their Tri-Valley Shelter Programs – Operating Subsidies shall not exceed $862,436 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.

6. Exhibit A1, Program Description and Performance Requirements, is incorporated into this Agreement by this reference and effective as of July 1, 2023.

7. Exhibit B1-1, Terms and Conditions for Payment, is incorporated into this Agreement by this reference, and effective as of July 1, 2023.

8. Attached hereto is Exhibit D1, a current Debarment and Suspension Certificate executed by Contractor.

9. Except as expressly modified by this First Amendment, all of the terms and conditions of the Agreement are and remain in full force and effect.

EXHIBIT A
692
Master Contract No. 902012
Procurement Contract No. 24822

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement as of the day and year this First Amendment is executed by the County.

COUNTY OF ALAMEDA CITY OF LIVERMORE
By:______________________________
Signature
By:___________________________
Signature
Name: Colleen Chawla .
(Printed)
Name: Marianna Marysheva ..
(Printed)
Title: Director, Health Care Services Agency Title: City Manager .

Date:___________________________ Date:__________________________ Approved as to Form: DONNA R. ZIEGLER
County Counsel, County of Alameda
By:_______________________________
K. Joon Oh
Deputy County Counsel
Approved as to Form: Molly O’Toole, Deputy
City Attorney
By:

Molly O’Toole
Deputy City Attorney
By signing above, signatory warrants and
represents that he/she executed this First
Amendment in his/her authorized capacity and
that by his/her signature on this First
Amendment, he/she or the entity upon behalf
of which he/she acted, executed this First
Amendment.

EXHIBIT A
693
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

EXHIBIT A1

PROGRAM DESCRIPTION AND PERFORMANCE REQUIREMENTS
Contractor Name: City of Livermore
Contracting Department: Health Care Services Agency (HCSA) Office of Homeless Care and Coordination (OHCC)
Original Term: 10/01/2022 – 6/30/2023
Original Amount: $423,010
First Amendment Term: 07/01/2023 – 6/30/2024 (extension of 12 months) First Amendment Amount: $862,436 (increase of $439,426 amount) The City of Livermore shall utilize HHAP funds towards the provision of the following services:
x Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregate shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves.
x Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
x Permanent Housing delivery of permanent housing and innovative housing solutions, such as hotel/motel conversions.

Funding Overview:

HHAP guidelines specify spending and reporting must be informed by a best practices’ framework focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families to maintain their permanent housing:

I. “Homeless,” as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.

II. Housing-related activities funded with HHAP funds must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).

III. Pursuant to Assembly Bill 977, all HHAP funded projects must enter data into the local Homeless Management Information System (HMIS) (see Exhibit A1 – Reporting & Evaluation Requirements section for more information).

The HHAP Grant Agreement is incorporated into this Agreement by this reference and may be relied upon to interpret this Agreement.

Program Names and Locations:

Vineyard 2.0 – 460 N. Livermore Ave., Livermore, CA. (Permanent Housing) Vineyard 2.0 – Permanent and supportive housing located in Livermore, service the Tri-Valley and Alameda County residents who are homeless.

Tri-Valley Haven Homeless Services (Interim Housing) – Confidential Address

EXHIBIT A
694
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

Tri-Valley Haven Homeless Services – Emergency Shelter located in Livermore, serving Dublin, Pleasanton, and Livermore and Alameda County women and children who are homeless.

City Serve – 3311 Pacific Ave., Livermore, CA. (Rapid Rehousing) City Serve of the Tri-Valley – Assist with rental subsidies to fund application fees, deposits and rental costs to help secure housing and assist individuals and families in transitioning into permanent housing.

Contracted Services:

A. Vineyard 2.0 is a 23-unit site with 11 units of permanent supportive housing for households experiencing homelessness. Services include case management, homeless resource center, shower and laundry services, community kitchen, winter shelter, mailboxes, storage, and capacity to include pets.

City of Livermore will subcontract with the Housing Consortium of the East Bay to operate the site.

Referrals for units are facilitated through the County’s Coordinated Entry System prioritization and processes. HHAP funding for this project will commence October 1, 2023.

B. TriValley Haven Homeless Services funding will be used to purchase a multi-passenger vehicle (van) for the Tri-Valley Haven Homeless Shelter staff to transport homeless individuals and their children entering the Haven’s Homeless Shelter, Sojourner House. The vehicle will also be used to transport clients to vital appointments. A staff vehicle is the safest and most efficient way to transport homeless clients in need to the shelter. City of Livermore will subcontract with Tri-Valley Haven.

A. City Serve Rental Assistance (Rapid Rehousing) City Serve will provide direct deposits, rental assistance and/or any housing associated fees (applications, etc.) to securing housing for those currently experiencing homelessness to better support a seamless and timely transition into a permanent housing solution. Funding will support approximately 3 months of rental assistance per client and/or household.

Referrals for units are facilitated through the County’s Coordinated Entry System prioritization and processes. HHAP funding for this project will commence October 1, 2023.

HHAP funds shall be used for the operations and administration of the projects.

Project Goals:
x Provide low-barrier, compassionate, and non-judgmental services to literally homeless individuals.
x Assist literally homeless individuals to rapidly obtain permanent housing. x Capture data in real-time in the Homeless Management Information System (HMIS) on all participants served and all significant services rendered.
a. HMIS project enrollments for each participant accessing services. b. HMIS annual assessments as necessary for participants enrolled one year or longer Target Population:

HHAP funds will be utilized to support adults and children experiencing homelessness in Alameda County.

Providing supportive services and shelter for individuals experiencing homelessness. x Tri-Valley Haven Homeless Services (Interim Housing): The target population is homeless and indigent women and children. The clientele is primarily from the Tri-Valley Area and Alameda County. The Tri-

EXHIBIT A
695
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

Valley Haven Domestic Violence Shelter will work with community services and utilize referrals through the South County/Tri-City Housing Resource Center.
x City Serve (Rapid Rehousing): Target population is homeless individuals located in the Tri-Valley. The project will serve seven (7) individuals/ households.
x Vineyard 2.0 (Permanent Housing): Target population is Tri-Valley homeless individuals. The clientele is primarily from the Tri-Valley area and Alameda County. Eleven referrals will be made through Coordinated Entry and the remaining twelve referrals will come from HUD-VASH and project-based vouchers.

Program Outcomes:

Contractor agrees to the following program success measures:

Process Objectives and Performance Measures
For each project listed below, subrecipient shall meet the following objectives, utilizing the County-adopted Results-Based Accountability (RBA) performance targets:
x Vineyard 2.0
x Tri-Valley Haven Homeless Services
x City Serve Rental Assistance
Vineyard 2.0
Objective Type Program Deliverable Performance Measure Data Source How Much?
Enrollment and Services Serve 100 unduplicated
individuals during contract
term.

HMIS
Is Anyone Better Off?
Obtaining or maintaining
mainstream benefits
At least of 80% of
participants in accessing
mainstream benefits.

HMIS
Maintenance of, or
increases in income
At least 75% of consumers
will have maintained or
increased their income
from program entry to
their most recent update/
exit assessment.

HMIS
How Well?
Prevent homelessness Less than 10% of enrolled
consumers will exit the
hotel to the streets,
unknown, or other
destinations (# exits from
hotel to unstable
situation/#
enrolled consumers).

HMIS

EXHIBIT A
696
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

Tri-Valley Haven Homeless Services
Objective Type Program Deliverable Performance Measure Data Source How Much?
Enrollment and Services Serve 40 unduplicated
individuals during contract
term.

HMIS
Is Anyone Better Off?
Obtaining or maintaining
mainstream benefits
At least of 80% of
participants in accessing
mainstream benefits.

HMIS
Maintenance of, or
increases in income
At least 75% of consumers
will have maintained or
increased their income
from program entry to
their most recent update/
exit assessment.

HMIS
How Well?
Prevent homelessness Less than 10% of enrolled
consumers will exit the
hotel to the streets,
unknown, or other
destinations (# exits from
hotel to unstable
situation/#
enrolled consumers).

HMIS
City Serve Rental Assistance
Objective Type Program Deliverable Performance Measure Data Source How Much?
Enrollment and Services Serve 7 unduplicated
individuals during contract
term.

HMIS
Is Anyone Better Off?
Obtaining or maintaining
mainstream benefits
At least of 80% of
participants in accessing
mainstream benefits.

HMIS
Maintenance of, or
increases in income
At least 75% of consumers
will have maintained or
increased their income
from program entry to
their most recent update/
exit assessment.

HMIS
How Well?
Prevent homelessness Less than 10% of enrolled
consumers will exit the
hotel to the streets,
unknown, or other
destinations (# exits from
hotel to unstable
situation/#
enrolled consumers).

HMIS

EXHIBIT A
697
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

Reporting & Evaluation Requirements:

For every participant served, Contractor will:
x Comply with the following HMIS data entry requirements:
x Create a/an HMIS project(s) following the guidelines set forth in CA AB977; x Ensure HMIS projects correctly identify appropriate funding sources for segmentation at the participant level to facilitate State-level reporting requirements (i.e., Homeless Housing, Assistance and Prevention (HHAP) funding for shelter support, separated by individual project.) x Complete all entry/exit Universal Data Elements (UDEs), Common Data Elements (CDEs), and Item W5 of the Individual Federal Partner Program Elements in HMIS; x Provide real-time (within twenty-four hours) data entry of all participants served into the HMIS. At a minimum, this includes the HMIS intake and project entries/exits, and services provided, as applicable;
x Comply with the following HMIS reporting requirements:
x Generate and extract “Annual Performance Reports (APRs)” from the HMIS for each individual project type (i.e., Rapid Re-housing, Homeless Prevention, or relevant project); x APRs will reflect the unduplicated total of persons served (including homeless persons or persons at imminent risk of homelessness);
x APRs shall not exceed 5% of null values in Questions 6a-f (Data Quality Sections); and x APRs will be submitted:
ƒ On a monthly basis – APRs shall accompany every monthly invoice and will reflect services provided during the invoiced period; and
ƒ On a quarterly basis – APRs shall accompany each Quarterly Outcomes Report and will reflect services provided during the quarterly period.
x Provide Alameda County Health Care Services Agency with a dedicated point of contact for data quality and reporting (a ‘data lead’).
x Complete all entry/exit Universal Data Elements (UDEs) in HMIS. x Provide real-time (within twenty-four hours) data entry of all participants served into the HMIS. At a minimum, this includes the HMIS intake and project entries/exits, and services provided, as applicable. x Provide an HMIS “Annual Performance Report (APR)” report for the duration of the monthly period, reflecting the unduplicated total of persons served (including homeless persons or persons at imminent risk of homelessness served). APR shall be extracted from the County’s HMIS and shall not exceed 5% of null values in Questions 6a-f of the APR (Data Quality Sections). x APRs must be submitted for each individual project type (i.e., Rapid Re-housing, Homeless Prevention, or relevant project) reports as demonstrated within the Quarterly Outcomes Reporting.

Quarterly Outcomes Reporting will require the following components:

1. Brief Description of Contract Services Specific to the Quarterly Fiscal Year.

2. APR for each individual project type Sp ecific to the Quarterly Fiscal Year.

3. Number of Unduplicated Participants Served in Quarterly Fiscal Year.

4. Annual Target Number of Unduplicated Participants to be Served per Year.

5. Number of Unduplicated Participan ts Served Fiscal Year to Date.

6. Brief Narrative to Highlight Accomplishments Specific to the Quarterly Fiscal Year.

7. Brief Narrative to Highlight Challenges Specific to the Quarterly Fiscal Year.

EXHIBIT A
698
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

x Ensure HMIS projects correctly identify appropriate funding sources for segmentation at the participant level to facilitate State-level reporting requirements (i.e., Homeless Housing, Assistance and Prevention (HHAP) funding for shelter support, separated by individual project.) County shall have on-demand access to HHAP HMIS data and will regularly, but no less frequently than monthly, pull these data sets to create program performance dashboards on program outcomes listed above.

Contractor agrees to work iteratively with County staff if data quality issues are identified during the course of reporting evaluation and dashboard creation, and to correct all data entry errors identified by County staff in a timely manner.

In the event HMIS is not available for a prolonged period, Contractor agrees to work with County staff to develop a comparable interim data collection solution. This interim solution shall pertain to all provisions in this Exhibit that otherwise refer to HMIS data collection, until such time as HMIS becomes sufficiently available and staff can be trained to use it. Contractor further agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.

Contractor further agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.

Provide spending reports and accompanying documentation, with format and frequency as required by other funding sources.

Contractor must undertake continuous quantitative and qualitative (extracted from HMIS) evaluation of the Scope of Services as specified in this Agreement and shall share quarterly and annual written reports as demonstrated within HMIS.
x Capture data for Domestic Violence shelter reporting requirements for HHAP funds on all participants served and all significant services rendered, inputted and extracted from an HMIS- comparable database system, including:
a. Numbers Served: Captures number of individuals and households served by various sub- population breakdowns.
b. Outcomes: Captures exit destination of populations covered by the APR (all, veterans, youth)
c. Supplemental: Captures exit destination of populations not covered by the APR (CH, race, ethnicity, gender)
x Numbers reported should be persons served by the entire project regardless of how much of the project was funded by HHAP.
x Reports as demonstrated in Exhibit B1-1
Quarterly Reporting Deadlines:

Service Period Due to County
Q1 07/01/2023 – 09/30/2023 10/15/2023
Q2 10/01/2023 - 12/31/2023 01/15/2024
Q3 01/01/2024 - 03/31/2024 04/15/2024
Q4 04/01/2024 - 06/30/2024 07/15/2024

EXHIBIT A
699
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

Program Monitoring:
x The County staff liaison will facilitate program monitoring, which may include a review of operations, participant eligibility, participant records, including any required releases or documentation for federal/county funding, backup documentation for reporting progress towards meeting service and outcome objectives, coordination and communication with The City of Livermore and Alameda County, and coordination with service providers who come to the site or serve as participant referrals.

Fiscal Compliance and Contract Monitoring:
x Fiscal monitoring may include review of the Contractors organizational budget, the general ledger, quarterly balance sheet, cost allocation procedures and plan, State and Federal tax forms, audited financial statement, fiscal policy manual, supporting documentation for selected invoices, cash receipts and disbursement journals.
x Compliance monitoring will include review of Personnel Manual, Policy Manuals or Documentation, Compliance with the Americans with Disabilities Act, subcontracts, and MOUs.

The County staff liaison will visit the project site periodically to review records and observe activities. The Contractor will provide participants' names, addresses, and telephone numbers to designated County staff liaison(s) in accordance with applicable laws and regulations.

Additional Requirements:

Contractor agrees that only the following reasons, adapted from the Alameda County Shelter Standards (updated April 2022) Section A.36, may be used as a basis for discharge from shelter programs. Only the following reasons may be used as a basis for discharge from a shelter facility:
x Possession of a weapon at the facility
x Possession of illegal drugs on premises. If alcohol or drugs are found, participant should be given the opportunity to dispose of the prohibited substance or leave the shelter for that night if they do not wish to dispose of the prohibited substance. A violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other participants or staff, or repeatedly interferes with the rights of other participants to peaceful enjoyment of the facility. x Assault or other violent behavior
x Theft
x Destruction of property
x Restraining order precludes continued residence
x Participant behavior endangers health or safety of participants or staff x Repeated interference with the rights of other participants to peaceful enjoyment of the facility. x Presence of infectious disease that significantly increases the risk of harm to other participants. Note that participants with lice or scabies or exhibiting symptoms of TB should be allowed to stay in shelter and sent to a health care provider for treatment as soon as possible. Precautions should be taken to avoid spread as feasible. Noncompliance with treatment or containment measures that endangers other participants may be cause for discharge.
x Participant requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on-site. Individuals discharged due to care and supervision needs cannot be discharged to the streets.

EXHIBIT A
700
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit A1

x Participants may be discharged for refusing to work towards a housing plan and/or refusing multiple housing opportunities; however, evidence must be present that shelter and respite staff actively attempted to engage the participants in services designed to support an exit to stable permanent housing with consideration given to each participants barriers to engagement.

Contractor may not impose arbitrary lengths of stay for participants who are otherwise compliant with these protocols. Any discharge for a violation of these protocols must be fully documented (for example, in agency case notes) and made available to County, upon request. Participants who are discharged shall be afforded the opportunity to file a grievance. Contractor agrees to establish a grievance policy for the shelter and respite programs that shall comport with any Alameda County Coordinated Entry System grievance policy guidelines.

While participants may be encouraged to get a TB test, lack of a test cannot be used as a reason for discharge.

If a participant exhibits symptoms of TB and does not comply with testing and treatment recommendations, the participant may be discharged to protect the health and safety of other participants and staff.

Certification/Licensure/ Confidentiality
x Contractor will maintain all required licenses and special permits issued by federal, state, and local agencies related to the services it provides.

Contractor shall conform to all federal and state laws relating to confidentiality of patients’ medical information, including but not limited to HIPAA and HITECH when applicable.

EXHIBIT A
701
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1-1

EXHIBIT B1-1

TERMS AND CONDITIONS FOR PAYMENT
Unless expressly modified by this Exhibit B1-1, all of the terms and conditions of the Exhibit B are and remain in full force and effect.

I. Budget Summary (07/01/2023 - 6/30/2024)
Contractors’ expenditures shall be in accordance with the chart set forth below.

Category
Initial Contract
Amountථ
(10/1/2022 –
6/30/2023)
First Amendment
Amount (07/01/2023 –
06/30/2024)
Updated Budget
Goodness Village $108,460 $108,460
Tri-Valley Haven Homeless
Services (Shelter)
$314,550 $18,766 $333,316
City Serve (Rapid Rehousing)
Funding available
10/1/2023 - 6/30/2024
Direct subsidy $17,670
Admin $1,330
Subtotal $19,000 $19,000
Vineyard 2.0 (Perm Housing)
Funding available
10/1/2023 - 6/30/2024
Admin $15,500
Management Fee $13,000
Utilities $25,250
Personnel (HRC Manager,
Shelter Coordinator, Shelter
Street Outreach)
$289,760
Maintenance $35,750
Other Expenses (shower,
laundry, phone/internet, etc.)
$22,400
$401,660 $401,660
TOTALථ $423,010 $439,426 $862,436
x HHAP allowable funds are limited to:
o Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregant shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves. o Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
o Permanent Housing delivery of permanent housing and innovative housing solutions, such as hotel/motel conversions.

EXHIBIT A
702
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1-1

x Funding Sources:

Original Contract
HHAP Round 1, 2 $423,010
Amendment #1
HHAP Round 3 $277,726
HHAP Round 4 $161,700
Total $862,436
Terms and Conditions of Payment:

A. The funding amount under the terms of this Exhibit B1-1 for services provided under Exhibit A1 is $439,426 and the total amount of reimbursement shall not exceed the total dollar awarded ($862,436) under the terms of this Agreement. Funds shall be used solely in support of the program budget, as set forth in Exhibit B1-1.
a. Any start-up expenditures or other advance payment are subject to the County’s Cash Advance Policy and Government Code 11019:
i. Contractor must be a community-based, private, nonprofit organization. ii. Advance payments will be considered at the beginning of the contract period on a case-by-case basis in response to critical financial need and the inability to reasonably meet payroll and operating expense requirements in a timely manner.
iii. A cash advance may be granted only once a year at the beginning of the contract period for expenses associated only with Alameda County contracts and is not to exceed the equivalent of the value of the contract divided by the number of months in the contract.
iv. The cash advance must be repaid in cash and include a recoupment plan. v. Any cash advance request must be in the form of a letter from the organization’s Executive Director submitted to the supervising department, with a Cash Advance Request Form completed. Departments will review each request within three weeks and forward the request to the Auditor for processing. The reason for any denial will be stated in writing to the Contractor.

B. Contractor shall invoice the County not more than monthly for actual expenses incurred.

C. The final invoice shall be for an amount not to exceed the remaining balance of the contract.

The final invoice and accompanying reports must be received no later than August 1, 2024.

D. Budgets amounts may vary between line items only with HCSA written consent. Funds shall be used solely in support of the project’s program budget.

E. All invoices must be accompanied by reports de scribed in Exhibit A1 upon contract execution.

F. County shall use best efforts to process invoices submitted for reimbursement by Contractor within forty-five (45) working days of receipt, review, and approval of complete and accurate invoice, reports, and any other back up documentation, information, or reports as requested.

Invoicing Procedures:

A. Invoices must include:
x Purchase Order (PO) number
x invoice date
x invoice number
x service period
x contract balance

EXHIBIT A
703
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1-1

x actual expenditures (which may not exceed the budget in Exhibit B1-1) x invoice total amount
x accompanied by all required reports as delineated in the Reporting & Evaluation Requirements section in Exhibit A1
Any other back up documentation, information, or reports as requested, and invoice shall be emailed to:

Phonethip Hill: [email protected]
CC: [email protected]
B. Contractor shall ensure that all sub-contracts, scopes of services, line-item budgets, budget narratives and required reports are submitted in the format as set forth by County, State and Federal mandates depending on funding sources. The decision to approve or disapprove any subcontracts will be based on the information contained in the contract documents. Therefore the contracts must, as applicable, describe the activities or functions involved, a time schedule, a justification for the performance by a third-party, rate of compensation, a breakdown of and justification for the estimated costs, including the manner in which indirect costs, if any, will be reimbursed, the grant policies and requirements that are applicable to sub-contractor, other policies and procedures to be followed, the maximum amount of money for which Contractor may become liable under the agreement, and the cost principles to be used in determining allowable costs in the case of cost-type contracts.

C. The County and/or Auditor-Controller may withhold payment of all or a portion of Contractor’s claim for reimbursement of expenses when the Contractor has not complied with provisions of the current Agreement or a prior Agreement. Such matters of non-compliance may include, but are not restricted to, the delivery of patient and related services, submission of consumer service data and required reports, submission of documents supporting reimbursement requests which verify expenditures incurred, maintenance of proper records, submission of revenue reports, disallowance as a result of interim audit or financial compliance evaluations, or other conditions as required in this Agreement by Federal, State or County regulations. If payment of claims is to be delayed, the following procedures will be followed:
a. Contractor shall be notified by telephone wi thin seven (7) working days of the receipt by County of Contractor’s claim if there is a reason for delaying or withholding payment. b. The County shall provide written confirmation of reason(s) for delaying or withholding payment if the matter cannot be resolved within ten (10) working days of receipt of claim.
c. The County shall not be required to give written notice of the withholding action if an invoice must be held pending revisions, corrections, or amendments. It is the Contractor’s responsibility to correct invoice documents. In all cases, the Contractor shall be notified of the errors and corrective action needed. The withholding action shall be discussed with the Contractor at the time errors are brought to the Contractor’s attention. The County may, with Contractor’s consent, make minor adjustments on invoices to correct mathematical/typographical errors to expedite the claims process.

D. Contractor shall submit all final claims for reimbursement under this Agreement within forty- five (45) days following the expiration of this Agreement. All claims submitted after forty-five (45) days following the expiration date of this Agreement will not be subject to reimbursement by the County. Any "obligations incurred" which are included in the claims for reimbursement and paid by the County, but which remain unpaid by the Contractor after forty-five (45) days following the expiration date of the Agreement will be disallowed under audit by the County.

EXHIBIT A
704
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit B1-1

Sub-Contractor Requirements:

A. If a portion of the services under this Agreement are to be performed by a third-party, Contractor must submit a formalized agreement to the County for approval prior to the execution of the contract and the provision of services by the sub-contractor. Failure to initiate, request, and receive written prior approval of sub-contractor may result in the disallowance of payments to the third-party.

B. Contractor shall ensure that all subcontracts, scopes of services, line-item budgets and budget narratives are submitted in the format as set forth by County, State and Federal mandates depending on funding sources. The decision to approve or disapprove any sub-contracts will be based on the information contained in the contract documents. Therefore the contracts must, as applicable, describe the activities or functions involved, a time schedule, a justification for the performance by a third-party, rate of compensation, a breakdown of and justification for the estimated costs, including the manner in which indirect costs, if any, will be reimbursed, the grant policies and requirements that are applicable to sub-contractor, other policies and procedures to be followed, the maximum amount of money for which Contractor may become liable under the agreement, and the cost principles to be used in determining allowable costs in the case of cost-type contracts.

C. Contractor shall reimburse subcontractors or personal consultants only for those services provided or for those activities performed pursuant to this Agreement.

Financial Controls, Records, and Audit:

A. Financial Records: Contractor has sole authority over accounting and systems for the development, preparation and safekeeping of records and books of account relating to contracted services, including the preparation and submission of any cost reports, supporting data and other materials in connection with reimbursement under Medicaid and other third- party payment contracts and programs.

B. Audit: Contractor will participate in an annual fiscal audit to be pre-scheduled and conducted by the County. The fiscal audit will include a financial review of one monthly reimbursement request, specifically: verification of all related financial support documentation utilized in the development of the specific reimbursement request; and, examination of Contractor financial record-keeping systems and procedures relative to the development of the reimbursement request and receipt of payment. Upon completion of the annual fiscal audit the County will provide Contractor a finding report with applicable corrective measures, as necessary. Timelines for executing applicable corrective measures shall be negotiated between Contractor and the County.

Other Provisions:

A. The continuation of this Agreement and payments hereunder shall be subject to the availability of funds to the County of Alameda. Alameda County agrees to notify the Contractor in writing of any modifications related to changes in available funding.

B. Should the State of California, Federal Government, or other funding source refuse to reimburse County (or disallow payment, including based upon audit exceptions) for any relevant claim submitted to County by Contractor, Contractor agrees to reimburse County for all such claims or disallowances. Any such disallowances or penalties resulting will be the sole responsibility of the Contractor.

EXHIBIT A
705
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit C

Exhibit C

EXHIBIT A
706
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit C

CERTIFICATE OF COVERAGE
Certificate Holder and
Additional Covered Party: County of Alameda, the Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives.

Health Care Services Agency,CC: [email protected] 1404 Franklin Street, Suite 300 Oakland, CA
This certifies that the coverage
Described herein has been issued to: City of Livermore
Description of Activity: City is receiving a grant from Alameda County for a Homeless Housing, Assistance and Prevention (HHAP) Program. (Standard Service Agreement dated Oct ober 1, 2022, Master Contract No. 902012, Amendment Procurement No.: 24822 Tri-Valley Shelter Programs-Operating Subsidies) Date(s) of Activity: 07-01-2023 to 06-30-2024
Location of Activity: Livermore, CA 94551
Entity Providing Coverage Excess Coverage Certificate
Expiration Date
California Joint Powers Risk Management Authority $1,250,000 excess of
$ 750,000
July 01, 2024
The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: general liability and automobile liability pooled self-insurance, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request.

The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority.

Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein.

Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. 10-09-2023
Date
Tony Giles, CPCU, ARM-P, General
Manager
Name and Title (Print or type)
Certificate Number: FORM141572
Form C
Authorized Signature

EXHIBIT A
707
Master Contract No. 902012
Procurement Contract No. 24822
Exhibit D1

EXHIBIT D1

COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
x Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
x Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
x Does not have a proposed debarment pending; and
x Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Check if continued on attached page.

Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Amendment to the Standard Services Agreement. Signing the Amendment to Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: City of Livermore .

PRINCIPAL: Marianna Marysheva TITLE: City Manager .

SIGNATURE: ______________________________ DATE:

EXHIBIT A
708

CITY COUNCIL STAFF REPORT
ITEM NO. 5.15

DATE:

November 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving submission of application for funding and the execution of a grant agreement and subrecipient agreements for the 2023-24 funding year of the State Emergency Solutions Grant (ESG) Program, Homelessness Prevention Activity Notice of Funding Availability (NOFA).

RECOMMENDED ACTION

Staff recommends the City Council adopt two resolutions:

Authorizing receipt of and approving allocations for the ESG Homelessness Prevention grant, in an amount not to exceed $260,000;
Authorizing the City Manager or her designee, to execute and deliver all applications, grant agreements and all subsequent amendments and act on the Applicant’s behalf in all matters pertaining to all such applications;
Authorizing and directing the City Manager or her designee, to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California in connection with the grant; and
Authorizing the City Manager, or her designee, to sign all documents related to the execution of grant agreements with subgrantees receiving allocations of funds from the State ESG Homelessness Prevention funds, including selection of, and contracting with, service providers in amounts exceeding $100,000, consistent with the allowable activities in the ESG Homelessness Prevention NOFA.

SUMMARY
The California Department of Housing and Community Development (HCD) received funding from the U.S. Department of Housing and Urban Development (HUD) for the Emergency Solutions Grants (ESG) program. The ESG Homelessness Prevention Notice of Funding Availability (NOFA) is a one-time special funding opportunity utilizing $1.7 million in disencumbered funds from the 2020 ESG HUD allocation to provide funding to help prevent individuals or families from moving into an emergency shelter or living in a public or private place not meant for human habitation. Applications will be reviewed 709
as they are received, and the Department will make awards on a continuous basis until all funding is exhausted. Once all funds have been awarded, the application window will close.

The ESG Homelessness Prevention Grant requires applicants to have a 100% match for requested funds, submit a State-approved Authorizing Resolution with their application that provides approval from City Council to submit the application, and utilize all awarded funds for homelessness prevention to the at-risk population. The City will fulfill the match requirements with local Housing In-Lieu funds, through existing contracts with CityServe of the Tri-Valley.

Staff recommends City Council authorize submittal of an application to the HCD ESG Homelessness Prevention Program as it addresses the City Council’s goals and priorities to expand and improve access to human services. If approved, City of Livermore will partner with CityServe of the Tri-Valley to refine program goals and budget and submit the ESG Homelessness Prevention Grant application for consideration.

DISCUSSION
On October 24, 2016, the City Council recognized homelessness as a priority and committed local funds and dedicated staff to develop and implement strategies that address the growing number of homeless families and individuals.

On September 19, 2023, The County of Alameda Board of Supervisors declared a State of Emergency on Homelessness, directing the Health Care Services Agency Office of Homeless Care and Coordination to lead the development of an emergency response to homelessness.

The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney-Vento Homeless Assistance Act, revising the Emergency Shelter Grants Program’s focus from addressing the needs of homeless people in emergency or transitional shelters to assisting people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness.

On September 25, 2023, HCD posted the ESG Homelessness Prevention NOFA allocating one-time special funding utilizing $1.7 million in disencumbered funds to provide funding to help prevent individuals or families from moving into an emergency shelter or living in a public or private place not meant for human habitation.

ESG Homelessness Prevention Grant Application has the following requirements:

Pursuant to 24 CFR § 576.201, Applicants must have identified a dollar-for dollar match for the federal ESG funding with funds from other public or private sources. The City of Livermore will fulfill the match requirements with local Housing In-Lieu funds, through existing contracts with City Serve of the Tri-Valley.

The grantee must submit an Authorizing Resolution (AR) approved by the applicant’s governing board. HCD requires that the applicant utilize the 2023 ESG Homelessness Prevention resolution template in content and form.

ESG Homelessness Prevention Grant funds will be used to provide housing relocation and stabilization services and short- and/or medium-term rental assistance. The costs of homelessness prevention are only eligible for funding to the extent that the assistance is 710
necessary to help the program participant regain stability in their current permanent housing or move into other permanent housing and achieve stability in that housing.

ESG Homelessness Prevention funds may be used to pay housing owners, utility companies, and other third parties for the following costs:

Rental application fee
Security Deposits
Utility deposits and payments
Last month’s rent
Moving costs
Emergency transfer associated costs

ESG Homelessness Prevention funds may be used to pay the costs of providing the following services:

Services or activities necessary to assist participants in locating, obtaining, and retaining suitable permanent housing.

Housing stability case management
Mediation costs to prevent loss of permanent housing.

Legal services to resolve legal problems that prohibit participant from obtaining permanent housing.

Credit repair counseling or services related to budgeting, managing money, and resolving personal credit problems.

If awarded, City of Livermore will contract with City Serve of the Tri-Valley to provide case management and homeless prevention services to residents in the Tri-Valley at risk for homelessness. City Serve has the experience and capacity to provide these resources.

FISCAL AND ADMINISTRATIVE IMPACTS

If awarded, an appropriation not to exceed $260,000, for the projects identified in the ESG Homelessness Prevention Grant, will be deposited into the City's State Grant Special Revenue Fund (Fund 607). The 100% match to access these funds has already been budgeted in local Housing In-Lieu funds, through existing contracts with CityServe of the Tri-Valley.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL

8: Expand and improve access to human services

ATTACHMENTS

1. 2023 California State ESG Homelessness Prevention NOFA

2. HCD Authorizing Resolution

3. Resolution

711
Prepared by: Shelly Haynes
Management Analyst

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
712
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054
Sacramento, CA 95833
(916) 2
63-2771
www.hcd.ca.gov
September 25, 2023
M
EMORANDUM FOR: All Potential Applicants
F
ROM: S
asha Hauswald, Deputy Director
Division of Federal Financial Assistance
SUBJECT: 2023 Emergency Solutions Grants Program Homelessness Prevention Notice of Funding Availability
The California Department of Housing and Community Development (HCD) is pleased to announce the availability of approximately $1.7 million in disencumbered federal funds for the Emergency Solutions Grants (ESG) program, Homelessness Prevention (HP) activities only. Funding for this NOFA is made available pursuant to Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act.

T
he Department will be accepting 2023 ESG applications for the Homelessness Prevention activity through the eCivis Grants Management System portal beginning September 25, 2023.

Once all funds have been awarded, the application window will close; however, earlier applications are highly encouraged. Applications will be reviewed as they are received, and the Department will make awards on an over-the-counter (OTC) basis.

T
he grantee must submit an Authorizing Resolution (AR) validly approved by the applicant’s governing board. The Department requires that the applicant utilize the 2023 ESG Homelessness Prevention resolution template language. Applications must include an approved board authorizing resolution. Applications that do not include an approved board resolution will lose their place in the OTC line. The AR must designate a person or persons responsible for, and authorized to execute, all documents related to the application for ESG funds and submittal of funds requests.

A
pplicants are encouraged to set-up their profiles in the eCivis portal located at eCivis Grants Management System Portal as early as possible. Information about setting up a profile, submitting an application, and managing awards through the eCivis portal is available under the Training and Technical Assistance tab on the Department’s ESG website:
https://www.hcd.ca.gov/grants-and-funding/programs-active/emergency-solutions-grants.

A
pplicants are encouraged to begin the application process early to ensure successful submission before the application deadline. If you have any trouble logging into the portal, or have questions on how to complete the online application, please contact the Department at:

[email protected]
ATTACHMENT 1
713
2023 ESG Homelessness Prevention Notice of Funding Availability September 25, 2023
Pag
e 2
To receive ESG FAQs, other P rogram Information and updates, please subscribe to the Federal
Programs listserv at https://www.hcd.ca.gov/contact-us/email-signup.

For questions, or assistance, ple ase email [email protected].

Attachment
ATTACHMENT 1
714

2023 Federal Emergency Solutions Grants Program
Homelessness Prevention
N
otice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
G
ustavo Velasquez, Director
California Department of Housing and Community Development Division of Financial Assistance, Federal Programs Branch Emergency Solutions Grants Program
2020 W. El Camino Avenue, Suite 200, Sacramento, CA 95833 ESG Program Email: [email protected]
S
eptember 25, 2023
ATTACHMENT 1
715
T able of Contents
I. Overview _______________________________________________________________________ 1 A. Notice of Funding Availability ______________________________________________ 1 B. Tentative program timeline________________________________________________ 1 C. Requirements in the 2023 HP NOFA ________________________________________ 1 II. Authorizing Legislation ____________________________________________________________ 8 III. State Annual Action Plan Requirements Relative to ESG ________________________________ _ 9 A. Eligible costs __________________________________________________________ 9 B. ESG activities found at 24 CFR Part 576.103. ________________________________ 10

2. Match requirements (24 CFR Part 576.201; 2 5 CCR § 8410) ____________________ 10 IV. State Overlays ________________________________________________________________ 10 V. Federal Requirements ____________________________________________________________ 10 VI. False, Fictitious or Fraudulent Claims: _____________________________________________ 11 VII. ESG application submission requirements __________________________________________ 12 ATTACHMENT 1
716
D
epartment of Housing and Community Development 1
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation I. Overview
A. N
otice of Funding Availability
T
he California Department of Housing and Community Development (HCD or Department) receives funding from the U.S. Department of Housing and Urban Development (HUD) for the Emergency Solutions Grants (ESG) program. This NOFA is one-time special funding for Homelessness Prevention (HP) utilizing $1.7 million in disencumbered funds from the 2020 ESG HUD allocation.

This
2023 ESG HP NOFA will provide funding to providers to help prevent individuals or families from moving into an emergency shelter or living in a public or private place not meant for human habitation.

T
he funds will be distributed to units of general-purpose local government or state and federally recognized non-profit organizations that have the capacity to administer this funding. Applicants must have HCD approved HP policies and procedures. This NOFA outlines the application requirements and timelines for applicants applying for the funding.

All references to the “state” are references to the State of California. All references to ESG funding reference federal ESG funds administered by HCD unless otherwise noted.

B. T
entative program timeline
ESG NOFA and Application for Homelessness
Prevention released: September 25, 2023
Application deadline: Until all funds are awarded
HCD announces awards: As applications are received
and approved
C. R
equirements in the 2023 HP NOFA

1. M
inimum and Maximum Amounts
• M
inimum application amount: $75,000
• M
aximum application amount: $200,000
N
ote: HCD reserves the right to award additional funds to previously awarded applicants and/or to add additional ESG funds to the Program if they become available.

ATTACHMENT 1
717
D
epartment of Housing and Community Development 2
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation

2. A
pplication Threshold Requirements
An application must meet the following threshold requirements to be eligible for funding:

A. A
pplicants must follow instructions in both this NOFA and the online application. Failure to follow instructions will result in disqualification.

B. T
he ESG application and all required attachments must be submitted to HCD through the eCivis Portal located at https://portal.ecivis.com/#/login.

Applications must include all required information to be submitted.

C. All applications must be accompanied by HCD approved HP policies and procedures.

D. All applicants must submit their HP policies and procedures with their application, even if they’re not approved; however, applicants that do not have HCD approved HP policies and procedures will lose their place in the OTC submission.

E. Once HCD has approved the applicant’s HP policies and procedures, the application will be placed at the end of the OTC line. HCD will review and determine approval of the HP policies and procedures within 10 business days of application submission.

F. T
he Applicant is eligible as described in Section I (A) of this NOFA.

3. Additional Application Requirements - All Applicants Must:
a. Provide supporting documentation of eviction rates (county, cities, towns) in their service area;
b. P
rovide a qualitative assessment of why this HP funding will reduce entries into your homeless service system. Include specific area(s) within the CoC service area where funding will be utilized. (Limit your assessment to 250 words);
c. P
rovide a detailed, comprehensive narrative stating why they need the HP funding, and specific area(s) within the CoC service area where funding will be utilized;
d. A
gree to meet the expenditure(s) milestone. (included in the Standard Agreement);
e. E
nter all HP clients into HMIS and report output results.

ATTACHMENT 1
718
D
epartment of Housing and Community Development 3
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation

4. Homelessness Prevention Requirements
A Homelessness Prevention Manual and Checklist have been developed and are available to all ESG stakeholders for guidance on operating their HP programs.

P
lease see the ESG Webpage, under the Resources tab:
• ESG Homelessness Prevention Policy
• ESG Homelessness Prevention Manual Checklist
All Applicants that are awarded funding for the Homelessness Prevention activity are required to have HCD approved Homelessness Prevention policies and procedures (P&Ps). P&Ps must fully detail the Applicants ESG-HP operations.

At minimum, HP policies and procedures must include the following content:

A. Participant Triage;
B. Coordinated Entry Integration;
C. Participant Eligibility;
D. Suite of Services
E. Staffing Patterns;
F. Housing Problem Solving;
G. Termination and Appeals;
H. Other Requirements;
I. General Operation; and
J. Approval.

Note: Applicants must complete and include with their application the following: HP Checklist and Template:
• ESG Homelessness Prevention Client File Checklist Template • ESG Housing Stability Plan Template
T
he only eligible activity under this NOFA is Homelessness Prevention.

Refer to the ESG Code of Federal Regulations: (24 CFR 576.103): ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium-term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the “homeless” definition in § 576.2.

T
his assistance, referred to as homelessness prevention, may be provided to individuals and families who meet the criteria under the “at risk of ATTACHMENT 1
719
D
epartment of Housing and Community Development 4
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation homelessness” definition, or who meet the criteria in paragraph (2), (3), or (4) of the “homeless” definition in 24 CFR. § 576.2 (see below) and) and have an annual income below 30 percent of median family income for the area, as determined by HUD. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in the program participant's current permanent housing or move into other permanent housing and achieve stability in that housing. Homelessness prevention must be provided in accordance with the housing relocation and stabilization services requirements in 24 CFR § 576.105, the short-term and medium-term rental assistance requirements in 24 CFR § 576.106, and the written standards and procedures established under 24 CFR § 576.400.

A. I
mminent Risk of Homelessness (Category 2 Definition of
Homelessness)
i. The household will lose their primary nighttime residence within 14 days of the date of application for assistance, and
ii. No subsequent residence has been identified, and
iii. The household lacks the resources or support networks (e.g., family, friends, faith-based or other social networks) needed to obtain other permanent housing, and
iv. The household’s annual income is below 30% of the median family income for the area (the area median income or “AMI”) B. F
leeing Domestic Violence (Category 4 Definition of
Homelessness)
i. The household is fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or other dangerous or life- threatening conditions that relate to violence against a household member, including a child, that has either taken place within the household’s primary nighttime residence or has made the household afraid to return to its primary nighttime residence, and ii. The household has no other residence, and
iii. The household lacks the resources or support networks to obtain other permanent housing, and
iv. The household’s annual income is below 30 percent AMI.

C. “
At Risk” Definition of Homelessness (ESG Program Interim Rule) i. The household’s annual income is below 30% AMI, and
ii. The household does not have sufficient resources or support networks immediately available to prevent them from experiencing literal homelessness, and
iii. The household meets at least one of the following criteria:
• Has moved because of economic reasons two or more
times during the 60 days immediately preceding the
application for homelessness prevention assistance
• Is living in the home of another because of economic
hardship
ATTACHMENT 1
720
D
epartment of Housing and Community Development 5
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation • Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days after their date of application for assistance
• Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by Federal, State, or local government programs for low-income
individuals
• Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two people or lives in a larger housing unit in which there reside more than 1.5 people per room as defined by the US Census Bureau
• Is exiting a publicly funded institution or system of care such as a health care facility, a behavioral health facility, a foster care or other youth facility, or a correction program or institution
• Otherwise lives in housing that has characteristics
associated with instability and an increased risk of
homelessness as identified in CA HCD’s approved
consolidated plan
H
UD Exchange “At Risk of Homelessness” resource links:
• H
omelessness Prevention “At Risk” definition
• Homelessness Prevention Documentation

5. G
eneral Requirements
A. T
he grantee must submit an Authorizing Resolution (AR) validly approved by the applicant’s governing board. The Department requires that the applicant utilize the 2023 ESG Homelessness Prevention resolution template language. The AR designates a person or persons responsible for, and authorized to execute, all documents related to the application for ESG funds and submittal of funds requests. Failure to include required elements in the AR, or errors in the AR, will require execution of a corrected AR and will delay execution of the Department’s Standard Agreement for the 2023 ESG Homelessness Prevention funds.

B. A
ll Applicants must demonstrate to the satisfaction of the Department that it is in compliance with the financial management requirements of 24 CFR Part 576.500 and 2 CFR Part 200. The Applicant must provide the Department with its most recent Single Audit (as submitted to the State Controller’s Office), if applicable.
(Applicants that have not y et received their FY22 Single Audit will not have their application rejected. The Department will accept the FY2021 report).

If the Applicant has any open Single Audit findings and does not have a plan or an agreement to remediate those findings, the Applicant will be deemed ineligible for funding through the State ESG program until the ATTACHMENT 1
721
D
epartment of Housing and Community Development 6
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation findings are resolved or a remediation plan or agreement is established.

C. P
ursuant to 24 CFR § 576.201, Applicants must have identified dollar-for- dollar match for the federal ESG funding with funds from other public or private sources.

D. A
n application may be deemed ineligible if the application does not meet the threshold requirements; if the application is incomplete; or if HCD cannot determine compliance with the threshold requirements.

6. Environmental Review
A. According to the requirements in the HUD Grant Agreement, Applicants for assistance that are units of general local government must agree to assume responsibility for environmental review, decision-making, and action under 24 CFR Part 58, “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities” and shall comply with the environmental requirements of 24 CFR Part 58 including §58.4 “Assumption Authority.” If awarded funding, the obligation of funds and incurring of costs will be conditioned upon Applicants’ compliance with 24 CFR Part 58, and completion by HCD of all applicable review and approval requirements as specified in 24 CFR Part 58.18.

B. The Applicant, its service providers (Service Providers), and any subcontractors of the Applicant or its Service Provider, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project, or commit or expend ESG or local funds for eligible activities under this part, until the Applicant has performed an environmental review under 24 CFR Part 58 and the Applicant has received HCD approval if required by the level of environmental review.

C. In accordance with 24 CFR § 58.22, “Limitations on activities pending clearance”, neither an Applicant nor any Service Provider in the development process, including public or private nonprofit or for-profit entities, or any of their Contractors, may commit HUD assistance under a program listed in 24 CFR §

58.1(b) on an activity or project until the environmental review process is complete and if required, HCD has approved the Applicant’s HUD Form 7015.5 “Request for Release of Funds and Certification” (RROF) and issued HUD Form 7015.16, “Authority to Use Grant Funds”.

D. Neither the Applicant nor any Service Provider in the development process may commit non-HUD funds or undertake an activity or project that would have an adverse environmental impact or limit the choice of reasonable alternatives.

Upon completion of environmental review, HCD shall notify Applicant. HUD funds shall not be utilized before this requirement is satisfied. Violation of 24 CFR Part 58 may result in disapproval, modification, or cancellation of the ESG Grant.

E. If awarded funding and if a project or activity is exempt under 24 CFR § 58.34, “Exempt activities” or is categorically excluded (except in extraordinary ATTACHMENT 1
722
D
epartment of Housing and Community Development 7
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation circumstances) under 24 CFR § 58.35(b) “Categorical exclusions not subject to § 58.5”, no RROF is required. The Applicant may undertake the activity immediately after they have provided documentation to HCD of its determination that each activity or project is exempt or categorically excluded. The Applicant remains responsible for carrying out any applicable “Other Requirements” under 24 CFR § 58.6, and must provide documentation to HCD at the time of grant monitoring of its compliance with this section of 24 CFR Part 58.

F. If awarded funds, the Applicant is also subject to the provisions of the California Environmental Quality Act (CEQA). The Standard Agreement will require that the Contractor assumes responsibility to fully comply with CEQA’s requirements.

7. Expenditure Milestones (Reminder)
Applicants that are awarded funding under this 2023 Homelessness Prevention NOFA are required to meet the following expenditure milestones.

This is stated in the 2023 ESG Standard Agreement, Exhibit E (Expenditure Milestone Requirements - As referenced in Exhibit E)
Percentage of ESG Award
that must be expended
Milestone Deadline
50% 180 days after execution of
contract

8. Grants Management System (GMS)
The eCivis Grants Management System (GMS) is called “Grants Network”. Grants Network allows Applicants to apply for ESG funding online and will track the status of their application. This new system is easier to navigate and does not require Applicants to submit hard copies of the application to the Department. Grants Network will support programs and projects from application through to implementation and closeout. It will also connect with other digital accounting and reporting systems used by both the Department and HUD.
2023 ESG Homelessness Prevention Applications must be accessed through the eCivis portal - Programs Available for Solicitation page. Paper binder applications are no longer being accepted.

9. A
dvancing Racial Equity
Contractors should prioritize the advancement of racial equity at all levels of the homeless response system. The Department asks Contractors to be leaders in their homeless response systems, facilitating partnerships among service organizations and promoting racial equity practices. Contractors must respond to disproportionality in access to services, service provision and outcomes.

ATTACHMENT 1
723
D
epartment of Housing and Community Development 8
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation Contractors cannot simply rely on delivering a standardization of services to address equity. Contractors have the responsibility to examine their data to ensure all eligible persons receive equitable services, support, and are served with dignity, respect, and compassion regardless of circumstances, ability, or identity.

The Department will require Applicants to submit related racial and ethnic data metrics of the homeless population and those served by the CoC service area from their Homeless Management Information System (HMIS) on a quarterly reporting basis.

The Department recommends that Contractors refer to and utilize the Racial Equity Tools available on the HUD Exchange to inform efforts to advance racial equity within the homeless response system. The tools are available at the following link: https://www.hudexchange.info/news/new-coc-racial-equity- analysis-tool/.

The Department also encourages Contractors to refer to the Increasing Equity in the Homeless Response System through Expanding Procurement Tool from the HUD Exchange to help guide practices in this area at the following link: https://www.hudexchange.info/resource/6083/covid19-homeless- system-response-increasing-equity-in-the-homeless-response-system- through-expanding-procurement/.

And: Advancing Racial Equity and Fair Housing Learning Brief - HUD Exchange
II. A
uthorizing Legislation
F
unding under this NOFA is made available pursuant to Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act. This NOFA should be read in conjunction with the following regulations that establish state and federal ESG requirements.

Relevant legal authority includes, but is not limited to, the following:
• Code of Federal Regulations (CFR), Title 24, Part 576; • 25 CCR, Division 1, Chapter 7, Subchapter 20;
• 24 CFR Part 91 relating to Annual Action Plan requirements; • 24 CFR Part 58, relating to environmental reviews; and • HCD Policy and Research Plans and Report (ca.gov)
• The ESG Program Interim Rule 24 CFR Part 576.
• Chronically Homeless Definition Final Rule 24 CFR Parts 91 and 578. • Office of Management and Budget (OMB) requirements for Universal Identifier and Central Contractor Registration, 2 CFR Part 25, Appendix A to Part 25.

If
state or federal statutes or regulations relating to the ESG program are modified by Congress, HUD, HCD or the State Legislature, the changes may become effective immediately and impact the work that was awarded funding under this NOFA.

ATTACHMENT 1
724
D
epartment of Housing and Community Development 9
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation If
there is a conflict between the state and federal regulations, the federal regulations shall prevail. In addition, HCD reserves the right, at its sole discretion, to suspend or amend the provisions of this NOFA. If such an action occurs, HCD will notify interested parties.

III.

State Annual Action Plan Requirements Relative to ESG
P
ursuant to 24 CFR Part 91 and as required by HUD, units of general-purpose local governments are required to satisfy the following in HCD’s Annual Action Plan.

A. E
ligible costs
C
ontractors and their Service Providers must follow all Office of Management and Budget (OMB) Cost Principles and Generally Accepted Accounting Principles (GAAP). OMB and budget requirements are listed in 2 CFR Part 200. Costs must be allowable, allocable, and reasonable. Shifting costs between awards to overcome funding deficiencies is not allowed.

1. A
llowable costs must conform to all limitations or exclusions set forth in the federal cost principles cited at: 2 CFR Part 200 Subpart E. Additionally, the allowable costs must comply with the policies and procedures within the Contractor or Service Provider’s organization and be treated consistently (whether as a direct or indirect cost). Finally, allowable costs must comply with the GAAP and the costs must be adequately documented.

2. A
llocable costs are those consistent with 2 CFR Part 200.405.

3. R
easonable costs do not exceed in nature or amount of costs that would be incurred by a prudent person under the same or similar circumstances prevailing at the time a decision was made to incur the cost. 2 CFR Part 200.404.

E
ligible costs may be direct or indirect. They must be incurred for the same purpose in like circumstances and must be treated consistently as either direct or indirect costs.

D
irect costs are those costs that can be identified specifically with a particular final cost objective (such as the ESG award) and can be directly assigned to an activity relatively easily with a high degree of accuracy. 2 CFR Part 200.413.

I
ndirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective or activity.

Contractors that allow their Service Providers to seek reimbursement for indirect costs must comply with all OMB requirements, including 2 CFR Part 200.403 and ATTACHMENT 1
725
D
epartment of Housing and Community Development 10
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation Part 200 Appendix 4. Contractor records must include evidence of the modified total direct cost calculations, indirect cost limits, and supporting documentation for actual direct cost billing.

A
ll eligible costs incurred after the date of the ESG award letter issued by HCD are reimbursable after full execution of the state Standard Agreement. Contractors must not plan to expend any state ESG funds requiring reimbursement prior to the award letter. In addition, Contractors must not expend any funds until the required environmental review process has been completed under 24 CFR Part 50.

B. E
SG activities found at 24 CFR Part 576.103.

No
te: Rental assistance payments provided as part of a HP activity under 24 CFR Part 576.106 typically cannot exceed HUD’s Fair Market Rent (FMR) as provided under 24 CFR Part 888 and must comply with HUD’s standard for rent reasonableness as established under 24 CFR Part 982.507.

4. M
atch requirements (24 CFR Part 576.201; 25 CCR § 8410)
F
unded Applicants must make matching contributions in an amount that equals the amount of federal ESG funds awarded. HCD will request documentation as part of its monitoring to determine the sources and amounts used to meet the federal ESG matching requirement.

IV
. State Overlays
I
t is the duty and responsibility of each Applicant to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular project, program, or activity to ensure that each and every requirement of those funding sources is compatible with all HCD program requirements and restrictions. Incompatibility of funding sources will result in the denial or cancellation of an award or may result in the placement of conditions or limitations on an award, all as determined by HCD in its sole and absolute discretion.

V.

Federal Requirements
A. General
The requirements in 24 CFR Part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements found at 24 CFR Part

5.105(a). Section 3 of the HUD Act of 1968 and implementing regulations at 24 CFR Part 75 apply, except that homeless individuals have priority over other Section 3 residents in accordance with 24 CFR Part 576.405(c).

B. P
rogram Requirements: 24 CFR Part 576
§ 576.400 A rea-wide systems coordination requirements. § 576.401 E valuation of program participant eligibility and needs.

ATTACHMENT 1
726
D
epartment of Housing and Community Development 11
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation § 576.402 T erminating assistance.
§ 576.403 S helter and housing standards.
§ 576.404 C onflicts of interest.
§ 576.405 H omeless participation.
§ 576.406 E qual participation of faith-based organizations. § 576.407 O ther Federal requirements.
§ 576.408 D isplacement, relocation, and acquisition.
§ 576.409 P rotection for victims of domestic violence, dating violence, sexual assault, or stalking
§576.500 Recordkeeping and reporting requirements.
§576.501 Enforcement.

C. Other Federal Requirements
Contractors must be able to meet all federal requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, asbestos, conflict of interest, debarment, and suspension.

Pertinent federal requirements are noted in federal ESG regulations and ESG Standard Agreements. All Applicants should be aware that, if funded, these requirements would apply.

V
I. False, Fictitious or Fraudulent Claims:

W
arning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 U.S.C.

Sections: 287, 1001 as well as 31 U.S.C. § 3729.

A. D
etecting, Preventing, and Reporting FRAUD
Fraud is a white-collar crime that has a devastating effect on the ESG program because the ESG program beneficiaries are victims of this crime when the ESG program is abused.

H
CD wants to stop any criminal assault on the ESG program it administers, and in doing so all ESG funds go to people it was designed to help and improve their living conditions.

B. C
ombatting Fraud
The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.

H
UD cannot combat fraud alone.

HUD r
elies on HCD and ESG NOFA Applicants to combat ESG program fraud.

HUD also relies on Applicants for, and people receiving, HUD benefits, such as tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD Grants.

ATTACHMENT 1
727
Department of Housing and Community Development 12
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the ESG program to the Office of Inspector General.

HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the ESG program from HUD employees, anyone administering the ESG program, anyone working in the ESG program, Contractors, and the public.

You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.

Fraud, Waste and Abuse in the ESG program and its operation may be reported in one of the following four (4) ways:

E-mail to: [email protected]
By Phone: Call toll free: 1-800-347-3735
By Fax: 202-708-4829
By Mail:

U.S. Department of Housing & Urban Development
HUD OIG, Office of Investigation, Room 1200
Field Office
One Sansome Street
San Francisco, CA 94104
(213) 534-2518
U.S. Department of Housing & Urban Development
HUD OIG, Office of Investigation
Suite 4070
Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518
VII. ESG application submission requirements
The online 2023 ESG Homelessness Prevention application link is available on the ESG webpage at https://www.hcd.ca.gov/grants-and-funding/program s-active/
emergency-solutions-grants. 2023 ESG Applications must be accessed through the eCivis portal - Programs Available for Solicitation page. Paper binder applications wil
l no longer be r equired or accepted.

Th
e OTC applications solicitation will open on September 25, 2023, at 9:00 a.m. and rema
in open until funds are exhausted. Any applications received prior to this date a
nd time will lose their place in line and be moved to the end of the line. This OT C solicitation will remain open until th e funds have been exhausted.

ATTACHMENT 1
728
Department of Housing and Community Development 13
2023 Emergency Solutions Grants Program NOFA Homelessness Prevention Allocation Submit applications and all required documentation through the eCivis Gr ants Management System portal.

Ap
plicants are encouraged to set up their profiles in the eCivis Gra nts Management S
ystem portal loc ate d at https://portal.ecivis.com/#/login as ear ly as possible. Pro file set-up instructions can be found in the eCivis Grant s Management System, External User Manual on the ESG webpage at https://www.hcd.ca.gov/grants- and-funding/programs-active/emergency-solutions-grants
.

If you have trouble logging into the portal or have questions on how to complete the online application,
please contact HCD at [email protected].

Questions regarding the ESG NOFA and application process can be directed to [email protected].

ATTACHMENT 1
729
730
731
732
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT

AGREEMENT TO RECEIVE FUNDING IN AN AMOUNT NOT TO
EXCEED $260,000 FROM THE STATE EMERGENCY SOLUTIONS

GRANT PROGRAM - HOMELESSNESS PREVENTION PROGRAM

AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT

BETWEEN THE CITY OF LIVERMORE AND SUGRANTEE(S) TO

APPROPRIATE THESE FUNDS
On September 25, 2023, the California Department of Housing and Community Development posted the Emergency Solutions Grant (“ESG”) Program Homelessness Prevention Notice of Funding Availability (“the Program”). The Program will make $1.7 million in disencumbered funds available to local governments and federally recognized non-profit organizations to help prevent people from moving into emergency shelters or living in places not meant for human habitation. This is a one-time special funding opportunity.

The funds received from the Program may be used to pay housing owners, utility companies, and other third parties certain costs, including rental application fees, security deposits, utility deposits and payment, last month’s rent, moving costs, and emergency transfer costs. The funds may also pay for the costs of providing certain services, including: (1) services to assist people with locating, obtaining, and retaining suitable permanent housing; (2) housing stability case management services; (3) mediation to prevent loss of permanent housing; (4) legal services to resolve problems that prohibit participants from obtaining permanent housing; and (5) credit repair counseling services related to budgeting, money management, and improving personal credit.

The City of Livermore (“City”) intends to apply to receive funds from the Program in an amount not to exceed $260,000. To be eligible, the City must: (1) identify a dollar- for-dollar match with funding from other sources; (2) submit an authorizing resolution approved by the City Council; and (3) commit to using the funds for qualifying activities and services. The City will fulfill each of these requirements.

If awarded ESG Program Homeless Prevention funds, the City intends to contract with City Serve of the Tri-Valley (“City Serve”) to provide case management and homeless prevention services to Tri-Valley residents at risk of homelessness. The City’s existing contracts with City Serve satisfy the Program’s dollar-for-dollar funding match requirement. Further, City Serve has experience and capacity to provide these services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the City Manager, or her designee, to sign all documents and execute any agreements, including any amendments thereto, necessary for the City to 733
RESOLUTION NO. ________
receive Emergency Solutions Grant Program Homelessness Prevention funds, if said funds are awarded to the City, in an amount not to exceed $260,000.

2. Authorizes the City Manager, or her designee, to execute grant agreements, including any amendments thereto, with subgrantees that will receive allocations of Emergency Solutions Grant Program Homelessness Prevention funds from the City, including contracts with subgrantees exceeding $100,000, consistent with the allowable activities specified in the Emergency Solutions Grant Program Homelessness Prevention Notice of Funding Availability, if said funds are awarded to the City.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 13, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
Deputy City Manager/City Clerk Deputy City Attorney
734

CITY COUNCIL STAFF REPORT
ITEM NO. 5.16

DATE:

November 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marie Weber, Deputy City Manager/City Clerk
SUBJECT:

Resolution authorizing the display of the Prisoner of War / Missing in Action (POW-MIA) flag for the week of November 14-19, 2023.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the display of the Prisoner of War / Missing in Action (POW-MIA) flag on the flagpole at the Civic Center Campus for the week of November 14-19, 2023.

SUMMARY
At the request of Mayor Marchand, consistent with the Commemorative Flag Display policy this agenda item provides a resolution for Council consideration which would authorize the display of the Prisoner of
War / Missing in Action (POW-MIA)
flag at the Civic Center Campus for the week of November 14-19, 2023.

DISCUSSION
On September 23, 2019, Council adopted a Commemorative Flag Display policy. The policy allows a Council Member to request display of a commemorative flag at the Civic Center Campus, on the City of Livermore flagpole, beneath the City of the Livermore flag. Once a request has been made by a Council Member, the Council will consider the request at a duly noticed public meeting.

The City's policy is constructed to allow the display of commemorative flags as a form of government expression. Such flags may be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no more than thirty-one consecutive days.

At the request of Mayor Marchand, consistent with the Commemorative Flag Display policy this agenda item provides a resolution for Council consideration which would authorize the display of the Prisoner of
War / Missing in Action (POW-MIA)
flag at the Civic Center Campus for the week of November 14-19, 2023.

735

FISCAL AND ADMINSTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with flying the POW-MIA flag for the week of November 14-19, 2023.

ATTACHMENTS

1. Resolution

Prepared by: Marie Weber
Deputy City Manager/City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
736
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE DISPLAY OF THE PRISONER OF

WAR / MISSING IN ACTION (POW-MIA) FLAG FOR THE WEEK OF
NOVEMBER 14-19, 2023
On September 23, 2019, the City Council adopted a commemorative flag display policy.

Consistent with the commemorative flag display policy, Mayor Marchand requested display of the POW-MIA flag at the civic center campus for the week of November 14-19, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that staff is directed to display the POW-MIA flag at the civic center campus for the week of November 14-19, 2023.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
Deputy City Manager/City Clerk City Attorney
737

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

November 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.

RECOMMENDED ACTION

Staff recommends the City Council receive an update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.

SUMMARY
At the October 9, 2023, City Council meeting, staff provided an update on staff’s responses to Alameda County Local Agency Formation Commission's Municipal Service Review (MSR) Survey. As part of the MSR process, each agency can request a Sphere of Influence (SOI) amendment. The City of Dublin informed Livermore staff that they submitted a request to amend the SOI in the Doolan Canyon area, so that the properties fronting the freeway, the "Crosby Properties," would be within Dublin’s SOI. Dublin further expressed that it is their intent to develop the Crosby Properties in the future. In response to Dublin’s SOI amendment request, staff requested an SOI amendment to include this same area within the City of Livermore’s SOI to preserve this area as open space.

In addition, staff requested the City Council direct staff to engage a consultant to conduct a citywide poll related to this SOI request. The City Council directed staff to proceed with the poll and update the City Council on the poll results at a future meeting. The City Council also directed staff to continue negotiations with the City of Dublin to come to a resolution regarding the land use on the Crosby Properties. At the time of writing this report, staff is coordinating a meeting with City of Dublin staff to continue discussions regarding the Crosby Properties.

The citywide poll was conducted from October 30 through early November 2023. The poll included 18 questions, including questions related to the open space area between the City of Dublin and the City of Livermore and the Dublin Boulevard Extension project. The poll included email, text message, and telephone response collection. A summary of the community response to the poll, along with preliminary 738
priorities for negotiations with Dublin, will be provided as a supplemental packet item in advance of the City Council meeting.

DISCUSSION
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires Local Agency Formation Commissions (LAFCOs) to conduct special studies known as Municipal Service Reviews (MSRs) every 5 years. The MSRs examine future growth and how local agencies are planning for that growth with regards to municipal services and infrastructure systems. In August 2023, LAFCO's consultant, RSG, Inc. sent surveys to 27 Alameda County agencies, including the City of Livermore, to begin the initial phases of the MSR.

On September 18, 2023, staff responded to the MSR survey. As part of the MSR process, each agency can request a Sphere of Influence (SOI) amendment. City of Dublin staff informed Livermore staff that they submitted a request to amend the SOI in Doolan Canyon to be within the City of Dublin’s SOI, with the intent to develop the Crosby Properties in the future. In response to Dublin’s SOI amendment request, staff requested a SOI amendment to include this same area within the City of Livermore’s SOI to preserve this area as open space.

At the October 9, 2023, City Council meeting, staff provided an update on the LAFCO MSR Survey responses and SOI amendment request. In addition, staff requested the City Council direct staff to engage a consultant to conduct a citywide poll. The City Council directed staff to proceed with the poll and update the City Council on the poll results at a future meeting. The City Council also directed staff to continue negotiations with City of Dublin staff to come to a resolution regarding future use of the Crosby Properties. At the time of writing this report, staff is coordinating a meeting with City of Dublin staff to continue discussions regarding the Crosby Properties.

The citywide poll was conducted from October 30 through early November 2023. The poll included 18 questions, with a focus on opinions regarding the existing open space area between the Cities of Livermore and Dublin (the Crosby Properties) and a proposed roadway project to connect North Canyons Parkway to Dublin Boulevard through this area. The poll included email, text message, and telephone response collection. A summary of the community response to the poll, along with preliminary priorities for negotiations with Dublin, will be provided as a supplemental packet item in advance of the City Council meeting.

FISCAL AND ADMINISTRATIVE IMPACTS

This informational update to the City Council will not impact City revenues and expenses.

COMMUNITY PILLAR
4: Inclusive and Inviting Space and Places

GOAL
7: Work with local and county partners on physical infrastructure improvements

ATTACHMENTS

739
Prepared by: Ashley Vera
Senior Planner

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
740

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

November 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

7.1 Update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.

Materials: Supplemental Memo and PowerPoint Presentation

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members

Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Helena Graves
Deputy City Clerk

741
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
742

INTEROFFICE MEMORANDUM
Dat
e: November 13, 2023
To: H
onorable Mayor and City Council
Fr
om: Marianna Marysheva, City Manager
Via: Paul Spence, Community Development Director
S
ubject: Agenda item 7.1
Cit
ywide Poll
The citywide poll was conducted from October 30 through November 5, 2023. The poll was a statistically valid poll and included 18 questions, including questions related to the open space area between the City of Dublin and the City of Livermore and the Dublin Boulevard Extension project. The poll included email, text message, and telephone response collection.

The pol
l results showed a high level of support for maintaining open space between the two cities with a majority of residents strongly supporting maintaining this area as open space.

I
n addition, the majority of respondents strongly support or somewhat support the Dublin Boulevard Extension project and were more likely to support the roadway connection if the surrounding land remained as open space. However, respondents were much less likely to support the Dublin Boulevard Extension project if commercial and industrial development were constructed. The poll results showed that there is limited support for commercial and industrial development with landscape screening applied to the site.

Ne
gotiations with City of Dublin
The
City of Dublin’s General Plan calls for potential development of this open space area between the two cities. Livermore’s goal is to develop an agreement regarding the open space between the two cities no later than summer 2024. The two cities will engage Alameda County in the negotiations. Livermore staff will provide updates to the City Council and seek direction as needed. Livermore’s staff will utilize the following priorities to guide negotiations:
• Continued collaboration on the Dublin Boulevard Extension project • Preserving an adequate open space buffer between the two cities • Livermore reviewing and providing input on any open space development contemplated by Dublin • Providing opportunities for public access to Doolan Canyon open space Item 7.1
Supplemental Memo
743
1 Citywide poll results and preliminary negotiation priorities regarding open space and scenic corridor preservation in Doolan Canyon
November 13, 2023
Previous Direction
October 9, 2023 Meeting
• Update on Municipal Service Review Survey and SOI amendment • Direction to engage consultant for Citywide poll related to open space and scenic corridor preservation
1 2
Item 7.1
PowerPoint Presentation
744
2 Citywide Poll
• Released October 30 – November 5
• Questions regarding:
– Open space between Dublin and Livermore
– Dublin Boulevard Extension project
• Response collection via ema il, text message, and telephone Citywide Poll
• High level of support for maintaining open space between the two cities with a majority of residents strongly supporting maintaining this area as open space.
• Majority of respondents strongl y support or somewhat support the Dublin Boulevard Extension project.
3 4
Item 7.1
PowerPoint Presentation
745
3 Citywide Poll
• Respondents were more likely to support the roadway connection if the surrounding land remained as open space.
• Respondents were much less likely to support the Dublin Boulevard Extension project if commercial and industrial development were constructed.
• Limited support for commercial and industrial development with landscape screening applied to the site.

Negotiations with City of Dublin Staff
Preliminary priorities:
• Continued collaboration on the Dublin Boulevard Extension project
• Preserving an adequate open space buffer between the two cities
• Livermore reviewing and providing input on any open space development contemplated by Dublin
• Providing opportunities for public access to Doolan Canyon open space
5 6
Item 7.1
PowerPoint Presentation
746
4 Recommendation
Staff recommends the City Council:

Receive an update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.
7 Item 7.1
PowerPoint Presentation
747
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Mayor Marchand 10/24/2023 Chamber of Commerce Leadership Livermore Program Provided opening and welcoming comments for the class .

Mayor Marchand 10/24/2023 City of Livermore Celebration of life Attended the Celebration of Life for retired judge Hugh Walker Mayor Marchand 10/25/2023 Chamber of Commerce Board meeting Provided an update on City activities and heard an update from the City on the GPAC process.

Mayor Marchand 10/25/2023 City of Livermore Participated in the Trunk or Treat at City Hall This was community building at its best. Thousands of children came down to City Hall to interact with City Staff and first responders, trick or treating at numerous displays. It was a great success.

Mayor Marchand 10/26/2023
Alameda County Transportation
Commission Monthly Commission meeting
Heard an update on legislative activities and approved the 2023 Congestion Management Program.

Mayor Marchand 10/27/2023 Congressman Swalwell Cybersecurity summit Attended a cybersecurity summit hosted by Congressman Swalwell.

Mayor Marchand 10/27/2023 Eden Housing 55 Anniversary of Eden Housing Presented a proclamation recognizing decades of partnership and spoke about our long, successful collaboration.

Mayor Marchand 10/28/2023 St. Mother Theresa Mission Parish celebration Spoke at the Parish Day festivities.

Mayor Marchand 10/30/2023 City of Livermore Met with Alameda County D. A. Pamela Price Met and talked with D.A. Price and her Chiefs about her department and issues important to our City.

Mayor Marchand 10/30/2023 Scout Troop 914 Meeting and talk. Met with the young ladies from Troop 914.

Mayor Marchand 10/31/2023 Chamber of Commerce Ribbon-cutting Presented a Certificate of Welcome to new business, Buzzin' on Hops.

Mayor Marchand 10/31/2023 Chamber of Commerce Valley Link presentation Heard an update on Valley Link.

Mayor Marchand 11/1/2023 Chamber of Commerce Business Alliance Meeting Provided a report on recent City activities and heard an update on the GPAC process.

Mayor Marchand 11/2/2023 U.S. Conference of Mayors Meeting with USCM staff.

Reviewed Federal Advocacy efforts in advance of the Winter meeting in Washington D.C.

Mayor Marchand 11/3/2023
City of Livermore Economic
Development Site tour and business spot light. Met with the leadership of LAM Research and filmed a business spot light.

Mayor Marchand 11/5/2023 City of Livermore Veterans Day Observance Participated in the Veterans Day Parade and attended Bob Williams last performance with the Pleasanton Community Band as its conductor.

Mayor Marchand 11/5/2023 Hindu Community and Cultural Diwali Festival Participated in the festival and provided welcoming comments .

Mayor Marchand 11/7/2023 Innovation Tri-Valley Dream makers and Risk takers program Recognized excellence in the youth of the Tri-Valley.

Mayor Marchand 11/8/2023 Tri-Valley Nonprofit Alliance Recognition Program Presented awards Mayor Marchand 11/11/2023 ABCNorcal Competition Attended and spoke at the building trades competition hosted by ABC Norcal.

Mayor Marchand 11/11/2023
VFW Post 7265 and Josefa Higuera
Chapter of the Daughters of the
American Revolution Veterans Day Recognition
Spoke at the event and presented Certificates of Appreciation to the veterans who received Quilts of Valor.

Mayor Marchand 11/13/2023
Alameda County Transportation
Commission
Planning, Policy and Legislative subcommittee
meeting
Received legislative updates, the Countywide Transportation Plan Overview and approved the Paratransit grant program.

Item 8.0
Council Reports
748
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting)
Vice Mayor Kiick 10/25/2023 StopWaste Board Meeting
Item 8.0
Council Reports
749
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Council Member Barrientos 11/1/2023 City of Livermore Garaventa Town Hall This town hall was to up date the residents in the north east area of District 2 of a possible development of the Garaventa Hill Council Member Barrientos 11/1/2023 Tous Les Jours Bakery Ribbon Cutting Tous Les Jours Bakery This was a ribbon cutting of a tasty bakery on First St near 580 Council Member Barrientos 11/11/2023 ABCNorcal Craft Competition This was a competition in several areas: carpentry, electrical, painting etc .

The winners of each area will compete at the national competition in Florida
Item 8.0
Council Reports
750
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Council Member Branning 10/28/2023 LAVTA Bus rodeo
Council Member Branning 11/2/2023 City of Livermore Civic Appreciation Dinner Thanked those who donate their time to make Livermore the remarkable place that it is by serving on its boards, committees and commissions.

Council Member Branning 11/6/2023 LAVTA Board meeting
Item 8.0
Council Reports751
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type (ex. board meeting or ribbon cutting) Council Member Carling 10/30/2023 Livermore/Pleasanton liaison meeting Council Member Carling 10/31/2023 Chamber of Commerce Ribbon cutting Buzzin' on Hops Council Member Carling 11/1/2023 StopWaste Tour of Davis Street waste management facility Council Member Carling 11/2/2023 City of Livermore Civic Appreciation Dinner Council Member Carling 11/7/2023 ITV Dreammmakers and Risk Takers Awards ceremony Council Member Carling 11/8/2023 Tri-Valley Nonprofit Alliance (TVNPA) Volunteer appreciation recognition at the Bankhead Council Member Carling 11/11/2023 Veterans Day remembrance at Carnegie Park Item 8.0
Council Reports752

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

November 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
753
Item Name Comment
4) OPEN FORUM A lan Marling
Livermore City Council should call for a ceasefire in
Gaza and an end to the occupation of Palestine.

Currently, US tax dollars are paying for weapons of
mass destruction that Israel is using to commit
genocide. Bombing civilians, children, and hospitals
constitutes war crimes and will continue the cycle of
violence. Livermore should stand on the side of peace,
sanity, and humanity. Escalation and warfare not only
ruins lives locally but also endangers everyone in the
world, as the military-industrial complex is responsible for escalating the climate crisis, with its huge carbon footprint.

5.2) Adopt an ordinance, adding
Chapter 8.21 Summary Abatement
of Graffiti to the Livermore
Municipal Code.

Alan Marling
Rather than merely continuously trying to control and
erase graffiti, direct that creativity. Create public
locations for graffiti arts to display their work. They might also be commissioned to decorate any boring
buildings.

5.14) Resolution authorizing the
acceptance and appropriation of the
County of Alameda Homeless
Housing, Assistance and Prevention
(HHAP) Program Rounds 3 and 4
grant funds in the amount of
$439,426 and authorizing a
supplemental appropriation in the
amount of $245,237 in unexpended
HHAP Rounds 1 and 2 grant funds.

Alan Marling Money well spent.
eComments
754
November 13th,2023
Livermore City Council Members
1016 South Livermore Ave.

Livermore, CA 94550
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Dear Livermore City Council Members:

On November 6th, the Airport Commission voted 4 to 0 to require the Fixed Base Operator(FBO) to sell unleaded av fuel at Livermore Airport (LVK). We commend the Airport Commission for their timely and important recommendations. We are disappointed those recommendations are not on the city council agenda tonight.

To sell unleaded fue! at LVK, an additionalfuel tank is necessary. A second fue! tank exists at the airport but has a limited capacity of 1,000 gallons and needs to be recertified. A better option would be for the city to purchase a new 8,500 gallon tank using Airport Enterprise Funds. The city could also apply for FAA grants but that will take longer and the delay could increase health risks to lead exposure. The cost of a new tank, installation, and permitting would be about $200,000, not much considering the total airport budget.
ln an email to the Airport Commission, Mr. Ron Baskett, a Certified Consultant Meteorologist and Chair of the Tri-Valley Air Quality Climate Alliance ( (TVAOCA) wrote " Decades of research have shown that piston-engine aircraft runup, taxi and takeoff operations, produce significantly harmful lead air levels within a mile downwind of runways. The TVAQCA and the Bay Area Air Quality Management District (BAAQMD) concur that now is the time for the City of Livermore to fund the installation of unleaded av fuel stations at LVK."
A mile downwind of runways would include lead exposure to residential homes on Arlington Road and many other residential areas.

Please add the Airport Commission's recommendations to the next city agenda. Please require selling 100UL or 1OOGami which all aircraft can use. Pilots like 100UL because it has higher octane, does not conode spark plugs, and requires less engine maintenance. 35 public airports across the US are now selling unleaded av fuel. lOOgamiwill soon be sold at CentennialAirport in Colorado, and airports in Washington and Oregon. The price difference between Ieaded and unleaded av fuel would be about one dollar more per gallon.

A dollar a gallon difference is not much to ask for the health of our children and Tri-Valley residents. Act now-put the airport commission recommendations on the next agenda and vote to require the FBO to start selling unleaded av fuel.

Sincerely,
_8+*r.- ( "'h.^w.-Donna Cabanne
Livermore resident
Sierra Club, Tri-Valley Group Ex. Committee
Item 4.0
Public Comment Received
755