awardees and non-selected applicants their full award request. Michael Baker will communicate with past applicants of this program to request additional information and documentation. Using this information, we will determine their elig ibility for American Rescue Plan funds, draft and coordinate the signing of recipient agreements, and organize the claim vouchers and supporting documentation for the City to pay the businesses their requested funds. We understand that this is for the proc essing of 27 applications. Michael Baker will provide status update to the City on Monday and Thursday of each week to ensure the timeline is being met. Attachment A contains details of how these will be processed.
The estimated schedule:
1. Timeline
a. Week 1
i. Send initial email with documentation request
b. Week 2- 3
i. Only 2 week turn-around
ii. Determine if business qualifies for the SBA program iii. Check if all required information received, reach out to business directly for additional information if needed
iv. Prep subrecipient agreements
c. Week 3-4
i. End of week 3 – receive all required documentation from applicants ii. Disqualify business if information is not received
d. Week 3-4 (dependent on information received from applicants) i. Perform a Duplication of Benefits analysis
ii. Disqualify business if results in Duplication of Benefits iii. Finalize subrecipient agreements
iv. Send W-9s to accounting in a batch for entering into system e. Week 5
i. Send businesses their subrecipient agreements; might be done in two batches if needed to prevent the hold up
ii. 3 DAYS only to respond
iii. Contact businesses that need revised W-9s – QUICK turn around iv. Start claim vouchers
f. Week 6-7
i. City executes agreements
ii. Finalize Create claim vouchers, submit to City, one excel sheet with each business has its own tab
iii. Packaging/place in files the W-9; signed agreement, and claim voucher ready in the files
iv. Physical copy will be printed out later
g. Week 7-8
i. City issues payments
CITY OF LODI
RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES
Michael Baker staff assigned to this task include Patrice Clemons, Tanner Wolverton, Clancy Taylor, and Marcus Richards or another MBI planner. The reason for the additional unnamed staff is to make sure we have the capacity to move the processing to meet the timeline above.
Michael Baker estimates times/materials cost of $47,000.
The original allocation for the ARPA task was $60,000. By reducing it to $47,000, this leaves $13,000 in unallocated funds under this contract. This unallocated amount will now be allocated towards vendor services for lead abatement. Note that these lead abatement services costs will not come out of the existing “CDBG – EN Activity Delivery Housing Rehab” Task below because those funds are already accounted for.
BUDGET
Michael Baker can provide the program support you need using a combination of the regular presence of two local staff persons, the occasional presence of our senior staff, and the support of the entire Michael Baker Housing and Community Development team. Our senior staff would provide daily guidance and support to local staff as well as be in contact with City staff as needed.
Other Michael Baker staff would be available to support the program, as required.
We believe this flexible staffing arrangement using associate staff to provide day-to-day on-site and remote assistance, supported by senior staff, will offer the City a cost-efficient service while also supplying the skills and knowledge of staff experienced in the development and implementation of multiple programs.
This arrangement would also offer the City a level of redundancy when the need arises for additional effort or special projects, or if staff are sick or on vacation. Additional staff can be made available for other specialized activities.
Title Hourly Rate
Housing and Community Development Lead $140.00
Program Coordinator $125.00
Labor Compliance Specialist $102.00
Associate Housing Planner II $108.00
Associate Housing Planner $100.00
Assistant Housing Planner II $95.00
Assistant Housing Planner $90.00
Housing Grant Specialist $85.00
Planning Technician $78.00
Housing Rehabilitation Specialist $95.00
NEPA Environmental Specialist $100.00
CITY OF LODI
RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES
Due to COVID-19 and urgent grant opportunities and project deadlines, the City of Lodi requested the assistance of Michael Baker staff on multiple grant programs over the last few months.
Assignments included grant applications and assistance with the foll owing programs: Lodi Committee on Homelessness, homeless issues/Navigation Center, HEAP and Harmony Homes project, HHAP, and CARES Senior Meals Program. Also, Lodi’s minor housing repair program experienced a large influx of applications, resulting in added tasks. This additional work resulted in an overage occurring in September and October.
Amendment No. 4: To update the table below, original columns were deleted and new columns were added in red below. Activities that are marked as closed will not be bi llable activities beginning November and through this contract extension period (ending June 2022). Any left - over funds from these closed activities can be applied to other active activities below, per the agreement between Michael Baker and the City.
2020 -2021
and 2021-
2022 Contract
Period
Tasks Existing Contract Amendment No. 4 Contract Max
Task 1, 2, and
3:
CDBG Planning
and
Administration
and Activity
Delivery for EN
and CV Grants
2020-2021 CDBG – EN Planning and
Administration (Nov-June 2021) $108,500 $0 $108,500
Closed
2020-2021 CDBG – EN Activity
Delivery (until June 2021) $34,935 $0 $34,935
Closed
CDBG – EN Activity Delivery Housing
Rehab (On-going, until June 2022) $84,000 $10,000 $94,000 CDBG – LIC
(reimbursed by 2020-2021 CDBG EN
– Plan/Admin – July-Oct)
$6,349
$0 $6,349
Closed
CDBG – HOME FTHB Annual
Reporting (reimbursed by 2020-2021
CDBG EN – Plan/Admin, until June
2021)
$1,809
$0 $1,809
Closed
CDBG – ABCD
(reimbursed by 2020-2021 CDBG EN
– Plan/Admin – July-Oct 2021)
$1080
$0 $1,080
Closed
CITY OF LODI
RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES
2020 -2021
and 2021-
2022 Contract
Period
Tasks Existing Contract Amendment No. 4 Contract Max
2021-2022 CDBG – EN Planning and
Administration (July-June 2022) $38,000 $57,900 $95,900 CDBG – LIC
(reimbursed by 2021-2022 CDBG EN –
Plan/Admin) (until June 2022)
$810
$1,620 $2,430
CDBG – ABCD
(reimbursed by 2021-2022 CDBG EN –
Plan/Admin)
$1620
$4,240 $5,860
CDBG – HOME FTHB Annual
Reporting (reimbursed by 2021-2022
CDBG EN – Plan/Admin)
$0
$1,809 $1,809
2021-2022 CDBG – EN Activity
Delivery (July-June)
(based on an estimate however actual
expenses may vary slightly)
$12,000
$50,764 $62,764
CDBG – CV (Round 1 and 3) Task 3.1 $15,000 $0 $15,000
CDBG – CV (Round 1 and 3) Tasks 3.2
through 3.4 – Planning and
Administration
$67,285
$20,000 $87,285
CDBG-CV ESG-CV $9,000 $0 $9,000
CDBG CV CARES Elderly $4,100 $0 $4,100
Other CV Grant Research/Misc. $5,000 $0 $5,000
CDBG – CV SBA Activity Delivery $50,000 $0 $50,000
TOTAL CDBG Funded Activities $439,488 $146,333 $585,821 Task 4:
Neighborhood
Services
Division
Support
Services (Non-
CDBG)
Non-CDBG – ABCD $5,270 $0 $5,270
Non-CDBG - Lodi Improvement
Committee $7,392 $0 $7,392
LodiGRIP Program TBD $0 $0
HEAP Grant Administration $32,000 $0 $32,000
Closed
CITY OF LODI
RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES
2020 -2021
and 2021-
2022 Contract
Period
Tasks Existing Contract Amendment No. 4 Contract Max
HOME Grant Application (Creekside
Apts) $465 $175 $640
HE Annual Performance Review and
Implementation $6,960 $4,000 $10,960
Other Grant Administration -
HHAP Grant Application $13,500 $0 $13,500
Closed
PLHA Grant Application $7,100 $0 $7,100
ADA Coordinator $1,485 $0 $1,485
Lodi Committee on Homeless (LCOH) $13,000
$0 $13,000
Closed
Access Center Outreach/Engagement $7,560 $0 $7,560
American Rescue Plan Act Small
Business Assistance/Public Services
Program Administration*
$47,000
$0 $47,000
-
Lead Abatement – Vendor Services $13,000 $0 $13,000
TOTAL HOUSING PROJECTS (NON-
CDBG) $154,732 $4,175 $158,907
Total $594,220** $150,508 $744,728
*The City and Michael Baker will come to an agreement on specified scope of work and budget, prior to beginning work for this task. **Includes overage from prior year contract expenses.
CONTRACT AMENDMENT No. 5
Michael Baker lnternational
THIS CONTRACï AMENDMENT No" 5 is made and effective this 2þ0", between the CITY OF LODI, a municipal corporation, hereinafter ca lnternational, lnc., a Pennsylvania corporation, qualified to do business "Contractor."
WITNESSETH:
of June, 2022, by and
lled "City", and Michael Baker
in California, hereinafter called
1 CONTRACT: Contractor and City, entered into an Agreement for Professional Services on September 7,2017, Contract Amendment No. 1 on December 17,2A18 and March 14,2Aß, Contract Amendment No. 2 on October 3,2019, Contract Extension No. 1 on December 18,2019, and Contract Extension No. 2 on January 26, 2021, Contract Amendment No.3 on May 19, 2021, and Contract Amendment No. 4 on November 1 , 2021 (collectively the 'Agreement"), attached hereto as Exhíbit A and made a parl hereof as though fully set forth herein. Contractor and City now desire to extend the term of the Agreement through June 30, 2023, and increase funding in an amount not to exceed $125,000.
TERMS AND CONDIT¡ONS
unchanged.
All other terms and conditions of the Agreement will remain Counterparts and Electronic Siqnatures. Thís Amendment and other documents to be delivered pursuant to this Amendment may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which. when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been sígned by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted. of the parties included in this Amendment are intended to authenticate thís writing and to have the same force and effect as manual signatures. Delivery of a copy of this Amendment or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the lnternet), by efectronic mail in "portable document format" (" pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
CITY OF LODI, a municípalcorporation CONTRACTOR, called "Contractor" /f /" STá"Ø/¿""
2 h ¡ STEPHEN SCHW
City Manager
Attest:
Olivia Nashed
City Clerk
Approved as to Form
R MICHAEL BAKER INTERNATIONAL, INC., A
Pennsylvania Corporation, qualified to do business in
California
By: Ali Sevedmaclani
ïitle: Vice President
City
rc CH
ffi We Make o Difference
INTERNATIONAL
May :-z, zozz
Steve Schwabauer, City Manager
John R. Della Monica Jr., Community Development Director ctw oF LoDt
zzr W. Pine Street
Lodi, CA 9524o
RE: 2ozz-23 COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION - AMENDMENT #5 Dear Mr. Schwabauer and Mr. Della Monica:
Michael Baker lnternational, lnc. (Michael Baker) is pleased to submit this proposal to continue to provide Community Development Block Grant (CDBG) administration forthe duration of the zo2z-2o23program year (July r, zozz-June 3o, zoz3).
Michael Baker's Housing and Community Development team is uniquely positioned to assist the City in administering its CDBG and community development programs. Our long history with the City has allowed our staff to work on a wide variety of efforts, including the City's original CDBG ent¡tlement followed by a decade of administrative support, as well as many of the City's housing development and preservation efforts. Our familiarity with the City's programs and policies combined with our history of collaboration allows us to provide consistent and reliable professional services that directly address staffing and administrative needs.
The team assembled for this effort includes Program Coordinator Tanner Wolverton and Grant Specialist Austin Knudsen. Efforts will be overseen by Derek Wong, AICP, Program Manager. Staff is also supported by our cultural services, labor compliance, and environmental review specialists. The team has implemented CDBG grants for both state recipients and federal entitlement grantees for three years and has experience working alongside City staffto implement successful housing programs.
Again, we appreciate this opportunity to submit. Should you have any program management questions, please contact Mr. Wong at (53o) 6o:.-25o8 or dwong(Ðmbakerintl.com. For technical questions, please contact Mr.
Wolverton at (g16) 5:L7 - 444tor tanner.wolverton(Ðmba kerintl.com.
Sincerely,
MICHAEL BAKER INTERNATIONAL, INC
/ÊíüJ.J.
Ali Seyedmadani, PhD, PE
Vice President
Derek
Program Manager
2729 Prospect Park Drive, Suite 220, Rancho Cordova,
cA 95670
P: (916) 23I-3372
M BAKE RI NTL,CO M
CITY OF LODI
RE: zo22-23 COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION Page z
LOD|zozz-23 CDBG PROGRAM YEAR
The scope and budget below assume a significant increase in assistance from a qualified City of Lodi staff person compared to prioryearsto undertake tasks in the scope. lf assistance is unavailable by September !,2o22t the City and Michael Baker will agree to renegotiate fees.
Tnsr r: CDBG-ENTTLEMENT (EN) Pt¡ttHrNG AND Aorvrr.¡¡srnnnvE Acrv¡TrEs Michael Baker will oversee the administration of the zozz-23 CDBG program. Below are tasks that will be completed by Michael Baker staff:
o Prepare and process final subrecipient agreements and interdepartmental agreements o Coordinate environmental review; obtain signatures and approval as needed e Facilitate quarterly check-in meetings
o Provide updated beneficiary tracking sheets to subrecipients . Conduct quarterly reviews of subrecipient performance, provide feedback/corrections, and update lDlS
o Process invoices
o Maintain contact with HUD representative
¡ Update lDlS system with project information and performance . Prepare Section 3 reports
. Prepare MBE/WBE reports
o Prepare SF-425 reports
¡ Prepare Semi-Annual Labor Compliance report
o Monitor subrecipients (number varies with budget remaining and criteria) o Process budget amendments
o Track budget expenses and spending
o Perform general organizational and administrative tasks o Train and transition tasks to City Staff
TASK r.r: Cr-osEour oF 2o2t-22 CDBG Pnoenru Yenn
Michael Baker will oversee the closeout of the zozr-22 program year:
o Review performance of all active program year projects for compliance with their agreements (year-end subrecipient reports, etc.)
o Draft and notice CAPER
o Prepare staff report, resolution, and presentation, and attend public hearing o Submit CAPER to HUD
. Respond to HUD questions and comments
o Close out projects in lDlS
This task will be completed by December 37-,2c22
ctw oF LoDt
RE: 2o22-23COMMUNITY DEVELOPMENT BLOCK GRANTADM¡NISTRATION
Trsr r.z: 2023-24 ANNUAL AcïoN PLAN PRocEss
Michael Baker will oversee the zoz3-24 Annual Action Plan Process o Noticê, advertise, prepare presentation, and facilitate a public meeting for notice of funding availability
o Notice, advertise, prepare presentation, and facilitate one outreach meeting ¡ Notice, advertise, and prepare two staff reports and presentatíons for two City Council public hearings, and attend hearings
o Prepare and present staff report for Council meeting
¡ Assist those submitting applications
o Review and score applications
o Draft and finalize AnnualAction Plan
o Enter into lDlS
o Respond to feedback from HUD and coordinate with HUD for flnal approval TASK z: CDBG-EN ACTIVITY DELIVERY
Michael Baker will provide Activity Delivery, including labor compliance, environmental compliance, budget tracking, budget and scope amendments, and coordination with stakeholders for the following active projects:
o zz.o4 Hale Park Parking Lot Renovation
o zz.o'The Salvation Army - HVAC Replacement
c zz.06 LOEL Senior Center - Restroom and Accessibility Expansion Project (Phase l) TASK 3: NEIGHBORHOOD SERVICES DIVISION SUPPORT SERVICES (NON-CDBG) Michael Baker staffwill provide assistance on additional community development related tasks at the request of the City. This may include but is not limited to assistance with Housing Element implementation, fair housing studies, affordable housing projects, homeless initiatives, and grant writing and administration services. Services under this task will be provided until the task's funds are exhausted, and/or include accommodation for possible negotiat¡on of contract terms.
BUDGET
Project Manager $195
Program Coordinator $13o
Grant Accountant $125
Grant Specialist $115
OA/OC Specialist $100
Cultural Services Manager 9220
ifr¡E @@
crw oF LoDl
RE: 2ozz-z3COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION
Cultural Services Specialist $go
Labor Compliance Specialist $115
*Hourly rates will be increased by 50/o on January i,, 2023.
The cost of completing this project will be billed on a time-and-materials basis up to the not-to-exceed amount shown below. The project will end on June 30, 2023.
Amendment #5 amount not to exceed $125,000
Total Contract amount not to exceed $1,455,898
Task r - CDBG-EN Planning and Administration Activities $7o,ooo (zozz-23) Task z - CDBG-EN Activity Delivery $45,ooo (zozz-23)
Task 3 - Neighborhood Services Division Support Services $1o,ooo (zozz-23) iruE rr¡ßn
Re: 2023–24 COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION Attachment A
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Not to Exceed $165,000
Re: LODI ACCESS CENTER SHELTER LABOR COMPLIANCE
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-
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Pre-Construction Phase
Description Hours
Create Project Files - Labor Standards Enforcement Files 3 Prepare Bid Package Compliance forms and language 4
Prepare/present Pre-Bid Meeting presentation 2
Bid Analysis Report (bidders responsive) to the city 4
Filing of contractor verifications of bidders 4
Prepare and submit contract award supporting documents 2 Prepare contract award notice to the OFCCP 2
Prepare and distribute Labor Compliance and Section 3 compliance information packet to contractors 2
Participate in pre-construction meeting and present compliance forms and requirements 3 Review contractors with pre-construction compliance documents and Section 3 Outreach plans 10
Total Hours 36
Total Cost $4,860
Pre-Construction Documents
• Applicable Local, Federal, and State compliance
forms
• Authorization/Designation of Payroll Officer
• DAS 140 & 142 forms
• Fringe Benefit Statement
• Apprenticeship Hiring Ratio –
journeyman/apprentice ratio
• Section 3 Commitment and Hiring Plan
• Onsite Employee Posters and prevailing wages
• Onsite Project Announcement
Construction Phase
Description Hours
Review weekly payrolls, apprentice information, training funds report, and supporting compliance documents. Prepare Status Report to the City according to City’s preference.
Collect Section 3 Worker certifications. (3 hours per week for 44 weeks) 132
Work with contractors to correct discrepancies and prepare findings report to City 24 Update of labor and worker hours log 76
Conduct 8 onsite employee interviews (3 hours per site visit) 24 Total Hours 256
Total Cost $34,200
Post-Construction Phase
Description Hours
Remedy discrepancies in support of compliance close-out 8 Prepare compliance close -out (finalize contractors’ compliance and labor hours/wage reporting and Section 3 Compliance Reports) and file delivery 18 Participate in Close-out Meeting/File Review 4
Prepare HUD Semi-Annual and Annual reports to City 4
Total Hours 34
Total Cost $4,590
TOTAL LABOR COMPLIANCE COST $43,650
Not to Exceed 45,000
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 6 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, OF
RANCHO CORDOVA, FOR COMMUNITY DEVELOPMENT BLOCK GRANT
ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES
========================================================================
WHEREAS, the City entered into a Professional Services Agreement with Michael Baker International on February 27, 2017, to provide Community Development Block Grant (CDBG) Administration and Housing Program Support Services, Contract Amendment No. 1 on March 14, 2019, Contract Amendment No. 2 on October 3, 2019, Contract Extension No. 1 on December 18, 2019, Contract Extension No. 2 effective January 26, 2021, Contract Amendment No. 3 effective June 24, 2021, approved Amendment No. 4 on October 20, 2021, and approved Amendment No. 5 on June 15, 2022; and
WHEREAS, staff determined the need to extend the Michael Baker International agreement and add additional funds through June 30, 2024, to ensure continuity of services; and
WHEREAS, staff recommends approving Amendment No. 6 to the Michael Baker International Professional Services Agreement to extend the term to June 30, 2024, based on the quote received and attached to the agreement in an amount not to exceed $210,000 and overall contract maximum not to exceed $1,665,898.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute A mendment No. 6 to the Professional Services Agreement with Michael Baker International, of Rancho Cordova, California, for Community Development Block Grant Administration and Ho using Program Support Services, extending the term to June 30, 2024, in an amount not to exceed $210,000, with a total amended contract amount not to exceed $1,665,898; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above-referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: June 7, 2023
======================================================================== I hereby certify that Resolution No. 202 3-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2023 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-_____
AGENDA ITEM C-19
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\Police Building\HVAC Replacement\Phase I\CC_ PSA_Amendment.docx 5/8/2023 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional Services Agreement with B&M Builder Inc. of Rancho Cordova, for Lodi Police Station HVAC Replacement Project Phase I ($141,375)
MEETING DATE: June 7, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to the Professional Services Agreement with B&M Builders Inc. of Rancho Cordova for Lodi Police Station HVAC Replacement Project Phase I ($141,375).
BACKGROUND INFORMATION: The City Council has awarded the contract of the Lodi Police Station HVAC Replacement Project to B&M Builder Inc. of Rancho Cordova in the amount of $248,375 and authorized the City Manager to execute amendments to the contract not-to-exceed $50,000 on December 21, 2022. The contract is to replace Unit 2 which is one of the three HVAC units for the police building. The bid came in substantially less than the $500,000 budgeted amount.
Staff requested the contractor to provide a quote to replace Unit 1 which is also due for replacement in the future phases. The contractor provided a quote to replace Unit 1 at the cost of $141,375.00 which has been determined to be a competitive price. If approved, t he total cost of replacing Unit 1 and Unit 2 will still be under the original budget of $500,000 for the HVAC replacement of Unit 2 only. Replacing Unit 1 and Unit 2 at this time, will result in an increase in reliability and reduced maintenance costs.
Staff recommends Council authorize City Manager to execute Amendment No.1 to the Professional Services Agreement with B&M Builders Inc. of Rancho Cordova, for Lodi Police Station HVAC Replacement Project Phase I in the amount of $141,375. The City Manager will retain authority to execute amendments to the agreement not- to-exceed $50,000 to cover project contingencies.
FISCAL IMPACT: This project will reduce the frequent and costly repair of the AC system.
FUNDING AVAILABLE: FY 2021/2022 CIP Budget
Gener al Fund Capital (43199000.77020) $500,000
_______________________________________
A
ndrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Char les E. Swimley, Jr.
Public Works Director
CES/LC/cd
cc
: Public Works Management Analyst Police Chief
Facilities Superintendent B&M Builders Inc.
RESOLUTION NO. 2023-__
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH B&M BUILDER, INC.,
OF RANCHO CORDOVA, FOR LODI POLICE STATION
HVAC REPLACEMENT PROJECT PHASE I
========================================================================
WHEREAS, on December 21, 2022, the City Council awarded the contract for the Lodi Police Station HVAC Replacement Project to B&M Builder , Inc., of Rancho Cordova, in the amount of $248,375, and authorized the City Manager to execute amendments to the contract in an amount not to exceed $50,000; and
WHEREAS, staff requested the contractor to provide a quote to replace Unit 1 which is also due for replacement in the future phases; and
WHEREAS, the contractor provided a quote to replace Unit 1 at the cost of $141,375, which has been determined to be a competitive price; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment No.1 to the Professional Services Agreement with B&M Builders , Inc., of Rancho Cordova, for Lodi Police Station HVAC Replacement Project Phase I in the amount of $141,375.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with B&M Builders , Inc., of Rancho Cordova, California, for Lodi Police Station HVAC Replacement Project Phase I in the amount of $141,375. The City Manager will retain the authority to execute amendments to the agreement in an amount not to exceed $50,000 to cover project contingencies; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized t o make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: June 7, 2023
========================================================================
I hereby c ertify that Resolution No. 2023-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2023 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-_____
AGENDA ITEM C-20
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Accepting Funds from San Joaquin County Health Commission, operating and doing business as Health Plan of San Joaquin (HPSJ) in the amount of $ 3,000,000 and Appropriate $ 3,000,000 for a Transitional and Supportive Housing Project at Main Street and Authorize the City Manager to Execute the MOU and Business Associates Agreement
MEETING DATE: June 07, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution accepting funds from San Joaquin County Health Commission, operating and doing business
as Health Plan of San Joaquin (HPSJ) in the amount of
$3,000,000 and appropriate $3,000,000 for a transitional and supportive housing project at Main Street and authorize the City Manager to execute the MOU and Business Associates Agreement.
BACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020
San Joaquin Strategic Plan (Strategic Plan). The Strategic Plan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless crisis response services and ensure households experiencing homelessness have access to affordable housing.
With the Access Center Project moving forward and the Temporary Access Center currently open for operation, the need for transitional and supportive housing in Lodi is even more apparent.
In accordance with the American Rescue Plan Act (ARPA) of 2021, Department of Health Care Service (DHCS) developed a Medi-Cal Home and Community-Based Services (HCBS) Spending Plan detailing a series of initiatives to enhance, expand and strengthen HCBS in California. The Housing and Homelessness Incentive Program (HHIP) is one of the HCBS Transition Initiatives and is intended to support the delivery and coordination of health and housing services for Medi- Cal members statewide. HHIP is intended to bolster housing and homelessness -focused efforts and investments at local levels, with the aim of building or expanding capacity and partnerships to connect Medi-Cal members to needed housing services and achieving progress in reducing and preventing homelessness. As part of these efforts to meet HHIP prog ram priorities and measures, HPSJ is partnering with local partners and organizations which deliver housing, or supportive services to Medi-Cal members who are homeless or at risk of homelessness.
When City Staff became aware of this potential funding opportunity, they began discussions with HPSJ and submitted a proposal to purchase an existing hotel and convert 40 +/ - units to transitional and supportive housing units. The project would allow for individuals that have jobs or other steady income (SS, SSDI, VA, etc.) to be housed in a transitional setting with continued Adopt Resolution Accepting and Appropriate Funds from HPSJ June 07, 2023
wraparound services until they are able to progress to other permanent housing opportunities.
After the second round of funding became available, HPSJ staff presented the Lodi proposal to their Board and it was approved and $3,000,000 was awarded to the project on April 26, 2023.
Funds must be fully expended by the end of the 2023 calendar year, Staff are working diligently to move the project forward timely.
Staff recommends that the City Council adopt a resolution accepting funds from San Joaquin County Health Commission, operating and doing business as HPSJ in the amount of $3,000,000 and appropriate $3,000,000 for a transitional and supportive housing project at Main Street and authorize the City Manager to execute the MOU and Business Associates Agreement.
FISCAL IMPACT: The HPSJ grant will provide $3,000,000 in funds for the Acquisition and development of transitional and affordable housing.
FUNDING AVAILABLE: Revenue: 35500000.56005 $3,000,000
Expenditures: 35599000.77020 $3,000,000
_____________________________________
Andrew Keys,
Deputy City Manager/Internal Services Director
___________________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
1. HPSJ MOU and BAA Agreement
2. Capital Improvement Plan – Transitional Housing Project
Project Title:
Section I: Description District Nos: Citywide Project Length June 30-2024 Priority High Section II: Estimated Project Costs
Expenditure Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
Contracts -$ 3,000,000$ 3,000,000$
-$ -$
-$ -$
-$ -$
-$ -$
Total Capital Costs -$ -$ 3,000,000$ -$ -$ -$ -$ -$ 3,000,000$ Section III: Funding Sources/Methods of Financing
Funding Source(s) Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
355 - Community Grants -$ 3,000,000$ 3,000,000$ -$ -$
-$ -$
-$ -$
Total Project Financing -$ -$ 3,000,000$ -$ -$ -$ -$ -$ 3,000,000$ Capital Improvement Plan
FY 2022-2023
Additional Information
On April 26, 2023 Health Plan of San Joaquin Board awarded the City of Lodi $3 million for this project Justification/factor driving project
The City of Lodi Community Development Department is looking to acquire an existing hotel and convert it to transitional and supportive housing. We anticipate 40 (+/- ) units with 24/7 onsite management and security. The project would allow for individuals that have jobs or other steady income (SS, SSDI, VA, etc.) to be housed in a transitional setting with continued wraparound services until they are able to progress to other permanent housing opportunities.
Reimagined Housing Munis Project Code:
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING FUNDS
FROM SAN JOAQUIN COUNTY HEALTH COMMISSION, OPERATING AND DOING BUSINESS AS HEALTH PLAN OF SAN JOAQUIN (HPSJ);
APPROPRIATING FUNDS FOR A TRANSITIONAL AND SUPPORTIVE
HOUSING PROJECT AT MAIN STREET; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING
AND BUSINESS ASSOCIATES AGREEMENT
========================================================================
WHEREAS, on November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020 San Joaquin Strategic Plan (Strategic Plan) ; and
WHEREAS, in accordance with the American Rescue Plan Act (ARPA) of 2021, DHCS developed a Medi-Cal Home and Community -Based Services (HCBS) Sp ending Plan detailing a series of initiatives to enhance, expand and strengthen HCBS in California. The Housing and Homelessness Incentive Program (HHIP) is one of the HCBS Transition Initiatives and is intended to support the delivery and coordination of health and housing services for Medi -Cal members statewide. HHIP is intended to bolster housing and homelessness -focused efforts and investments at local levels, with the aim of building or expanding capacity and partnerships to connect Medi-Cal members to needed housing services and achieving progress in reducing and preventing homelessness; and
WHEREAS, DHCS established required submissions and deliverables for managed care plans in participating counties to identify current state, priorities, investments, and monitor progress for HHIP; and will be distributing incentives for plans to oversee and administer payment for HHIP project(s); and
WHEREAS, as part of efforts to meet HHIP program priorities and measures, HPSJ will partner with local partners and organizations which deliver housing, or supportive services to Medi-Cal members who are homeless or at risk of homelessness; and
WHEREAS, the City of Lodi submitted a proposal for acquisition of a hotel for development of a transitional and supportive housing project to HPSJ; and
WHEREAS, HPSJ Board approved and awarded $3,000,000 on April 26, 2023 towards the project submitted.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept funds from San Joaquin County Health Commission, operating and doing business as Health Plan of San Joaquin (HPSJ) in the amount of $3,000,000; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $3,000,000 for a transitional and supportive housing project at Main Street to revenue account 35500000.56005 and expenditure account 35599000-77020; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authoriz e the City Manager to execute the MOU and Business Associates Agreement; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: June 07, 2023
========================================================================
I hereby certi fy that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2023 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-_____
AGENDA ITEM C-21
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Accepting Funds from San Joaquin County in the amount of $8,200,000 and Appropriate $8,200,000 to the Lodi Access Center Project and Authorize the City Manager to Execute the MOU Agreement
MEETING DATE: June 07, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution accepting funds from San Joaquin County in the amount of $8,200,000 and appropri ate
$8,200,000 to the Lodi Access Center Project and authorize the City Manager to execute the MOU agreement.
BACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020
San Joaquin Strategic Plan (Strategic Plan). The Strategic Plan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless crisis response services.
On April 7, 2021, City Council accepted the Permanent Local Housing Allocation (PLHA), of which years two through five of the five year plan are allocated towards the Access Center. On May 5, 2021, Council approved allocating $5.5 million of American Rescue Plan Act (ARPA) federal funds to the development of a Navigation Center, now known as the Access Center. At that same meeting, City Council also approved the Lodi Access Center Community Engagement Plan, which was the first step in order to move forward with several of the goals identified in the Strategic Plan.
On July 13, 2021, the County Board of Supervisors approved $2.8 million towards our Access Center project development from the San Joaquin County capital-outlay fund for site acquisition.
After a several month community engagement process, o n October 6, 2021, City Council approved the purchase of the site and development of the Lodi Access Center located at 710 N.
Sacramento Street in Lodi.
On July 22, 2022, the temporary Access Center opened for operations at the Sacramento Street site.
In the months since the property was acquired, Staff not only worked on the temporary Access Center, but also on moving the permanent Access Center forward. On December 13, 2022, the San Joaquin County Board of Supervisors (BOS) voted 5-0 to continue to support the effort that Lodi is putting forth to combat homelessness. After a heartfelt presentation by City Staff, Council Members, and Lodi Committee on Homelessness Members the BOS awarded the City an additional $8.2 million to complete the Lodi Access Center Project and the Learning Center. This includes the $5.3 million that Staff was asking for to complete phases 1-4 of the 6-phase project Adopt Resolution Accepting and Appropriate Funds from SJC June 07, 2023
and the additional amount of $2 .9 million to complete phases 5 and 6 which includes an onsite Learning Center that will provide training for various trade programs.
Staff recommends that the City Council adopt a resolution accepting funds from San Joaquin County in the amount of $8 ,200,000 and appropriate $8,200,000 to the Lodi Access Center Project.
FISCAL IMPACT: The San Joaquin County grant will provide $8,200,000 in funds for the development of the Lodi Access Center and Learning Center.
FUNDING AVAILABLE: County Round 2 Project String: ARPA-22001.Contracts. County Revenue: 35500000.56005 $8,200,000
Expenditures: 35599000.77020 $8,200,000
_____________________________________
Andrew Keys,
Deputy City Manager/Internal Services Director
___________________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
1. County MOU Agreement
2. Capital Improvement Plan – Access Center
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
SAN JOAQUIN COUNTY
AND
THE CITY OF LODI
REGARDING
LODI ACCESS CENTER AND EMERGENCY SHELTER
MOU ID: B-9884
Funding Amount Approved Phase 1 to Phase 4 - $5,300,000 Funding Amount Approved Phase 5 & Phase 6 - $2,900,000
PARTIES: COUNTY: County of San Joaquin
General Services Director
44 N. San Joaquin Street, Suite 590
Stockton, CA 95202
Contact: Marcia Cunningham
Phone: (209) 468-3664
Email: [email protected]
CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Contact: John R. Della Monica, Jr.
Community Development Director
Phone: (209) 269-4526
Email: [email protected]
Contact: Jennifer Rhyne
Neighborhood Service Manager
Phone: (209) 269-4519
Email: [email protected]
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
2 This Memorandum of Understanding ( “MOU”) is made and entered into this ___ day of _________________, by and between the City of Lodi, a municipal corporation, through its Community Development Office collectively (“CITY”), and San Joaquin County, a political subdivision of the State of California, through its General Services Department (“COUNTY”).
City and County may each be referred to herein as “Party” or collectively as the “Parties”
RECITALS
WHEREAS, the CITY has taken various steps to develop a Lodi Access Center and Emergency Shelter ( “Access Center” or the “Project”) to meet the needs of the unsheltered population of San Joaquin County residents living within the CITY;
WHEREAS, on December 13, 2022, the San Joaquin County Board of Supervisors approved a $5.3 million funding allocation to support Phase 1 to Phase 4 of the Project located at – 710 N. Sacramento Street, Lodi California 95240, APN #: 041-090-42, 041-190-41, and 041-180-
09. In addition, approved an additional $2.9 million to complete Phase 5 & Phase 6 (referred to as the “Learning and Job Readiness Training Center”) of the Project. During the meeting, the former City of Lodi Mayor , Mark Chandler, former Councilmember Doug Kuehne, City Manager, Steve Schwabauer, Community Development Director, John Della Monica, and Neighborhood Services Manager, Jennifer Rhyne presented the C ity’s plan for Phase 1 to Phase 4 of the Project and the development of the Learning and Job Readiness Training Center, and the exterior shade structures. ( See Exhibit A and B). The Board of Supervisors (“BOS”) approved both requests for funding in support of reducing homelessness and supporting housing initiatives, highlighting the ongoing collaborative regional efforts to address homelessness in San Joaquin County;
WHEREAS, on June 7, 2023 the City of Lodi Council moved in favor of the Project and the acceptance of the appropriations from the COUNTY (see Exhibit C); and
WHEREAS, COUNTY and CITY mutually desire to enter this MOU to memorialize the rights, duties, and obligations of each toward the other in connection with the services that the CITY will provide to and for the benefit of the COUNTY in connection with the award of the above- referenced funds, in accordance with the following Project phases and funding allocations:
Lodi Access Center & Emergency Shelter Center - $5.3 Million
Phase 1-4: Project Location
710 N. Sacramento Street
Lodi, CA 95240
APN # 041-090-42, APN # 041-090-041, & APN # 041-180-09
• The CITY acquired 710 N. Sacramento, Lodi, California, APN # 041-090-42, APN # 041-090-41, and APN # 041-180-09 and will design and construct the Project on these parcels, (hereinafter “Property”).
• The CITY is currently working on an adaptive reuse of an existing industrial warehouse to develop the “Project”. The CITY has accumulated approximately $8.3 million for
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
3 acquisition, design, and construction. The majority of this funding is from the City ’s American Rescue Plan Act ( “ARPA”) funds. Although these funds could have been used for other initiatives, the CITY Council prioritized addressing homelessness for the largest share of Lodi’s ARPA dollars. The BOS also awarded $2.8 million on July 15, 2021. Moreover, the $8.3 million does not include the almost $4.5 million allocated towards administration and operating over the next several years for both the temporary and permanent Access Center. These funds are comprised of various City awarded grant resources, City general fund, and City paid staff time.
• With the acquisition of the Property completed in October 2021 for approximately $2.1 million and recent cost estimates completed, the City still anticipated a projected funding gap of $5.3 million to complete the rehabilitation of the existing industrial warehouse and priority site improvements. San Joaquin County and the BOS awarded $5.3 million to fund this gap on December 13, 2022. The $5.3 million will provide a fully functioning Access Center that has the capacity to house and provide wraparound resources up to our 2022 Point in Time Count of 208.
• Implementation of the Project included community engagement, pre -development, and the acquisitions of 710 N. Sacramento, Lodi, California, APN #041 -090-42, APN # 041-090-41, and APN # 041-180-09.
PARCEL ONE:
Lot 1, 2, and 3, in Block One of Sanguinetti Addition, according to the Official Map or Plat thereof tiled for record April 8, 1919, in Volume 9 of Maps and Plats, Page 47, San Joaquin County Records.
APN: 041-180-09
PARCEL TWO:
Lot 1, 2, 3, 4, and 5, in Block 3, as shown upon Map entitled “Moran Handel Tract”, filed for record April 2, 1907, in Volume 3 of Maps and Plats, Page 53, San Joaquin County Records, and all that portion of Lots 2 and 3 of Block 5 of the Morgan Handel Tract as delineated in Volume 3 of Maps and Plats, Page 53, San Joaquin County Records being North of a line that begins on the West line of said Lot 3 at a point being North 02° 31’ East 161.0 feet from the Southwest comer of Lot 19 of Block 6; and runs thence South 87° 29’49” East, 152.83 feet to a point on the East line of said Lot 2 being North 3° 57’ 45” East, 161. 10 feet from the Southeast comer of said Lot 19, as per lot line adjustment recorded May 6, 1992, as Instrument No. 92052313.
APN: 041-190-42 and 041-190-41
Commonly known as: 710 North Sacramento Street, Lodi, CA
Phase 1 to Phase 4:
• Phase 1: Street Frontage, Fencing, and Sound Wall
• Phase 2: Project Development
o Design Development
o Construction Documents
o Fees and Permits
o Utility Infrastructure
o Roof (repair, replace, addition)
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
4 o Interior site improvements
o Foundation
o Electrical
o Plumbing
o Drywall/Insulation/Interior Finishing
o Exterior Fascia
o Furniture, Fixtures, and Equipment
• Phase 3: Parking Lot
o Remove Existing Surface
o Sub-Base Preparation
o Paving
o EV Charging Stations
o Painting Lines
• Phase 4: Landscaping
o Trees, Bushes, Plants
o Irrigation
o Sod
Phases 1 to 4 will create the permanent Access Center:
The implementation of this Project represents in many ways a new order of business in helping meet the needs of our unsheltered population in the CITY. The development of an Access Center would provide a low-barrier, service-enriched shelter that facilitates linkage to needed resources to help individuals and families exit the cycle of homelessness.
Onsite Project services will include intensive case management, job readiness program, hygiene facilities, 24/7 staffing including security and janitorial services. An Access Center offers unsheltered persons the opportunity to regain safety and engage in supportive connections that allow them to move forward with rebuilding their lives, as well as develop pathways to permanent housing, income, healthcare, sobriety, and stability. • The Lodi Access Center offers unsheltered persons the opportunity to regain safety and engage in supportive connections that allow them to move forward with rebuilding their lives, as well as develop pathways to permanent housing, income, healthcare, sobriety, and stability.
• The Lodi Access Center is estimated to have the capacity to house up to 208 individuals to meet the needs of the Lodi 2022 point-in-time count.
• Low-Barrier Access Center Shelter with co-location of services:
o 3 meals a day
o Hygiene Facilities (Restroom, Shower, and Laundry)
o Centralized Homelessness Outreach, Engagement, and Case Management o Housing Assessment and Navigation
o Support Services and/or Direct referral to ancillary services as appropriate o Direct Access: employment/job readiness training, healthcare, behavioral health, substance use rehabilitation, benefits/public aid, social security advocacy, etc. o 24/7 Security and Janitorial onsite
o 24/7 Security and Scheduled clean-ups surrounding the neighborhood o Security Fencing/Outdoor Lighting
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
5 • Temporary Emergency Shelter:
Understanding that a permanent Access Center in Lodi will take approximately twelve to eighteen mont hs to develop, the City opened a temporary Emergency Shelter on July 22, 2022. The Emergency Shelter has the capacity to house up to 49 individuals overnight and often has day clients in excess of 80 individuals.
Services provided are similar to those anticipated to be provided at the permanent Access Center.
Lodi Access Center & Learning & Job Readiness Training Center - $2.9 Million
Phase 5 & Phase 6: Project Location
710 N. Sacramento Street
Lodi, CA 95240
Phase 5:
Phase 5 will complete the outdoor space that is needed for clients to congregate, get fresh air, and be able to stay inside the facility instead of looking for somewhere to be during the daytime.
Included in this phase is the construction of the:
• Exterior Concrete Pads
• Shade Structures
• Planter Boxes
• Soft Scape
• Dog Wash Station
• Lockable kennels/Storage Space
Phase 6:
Once the Access Center is built and occupied it will be important to develop programs that focus on establishing exits to homelessness. Building a Learning Center on the Access Center campus, allows for creation of a jobs readiness programs to instill useful skills to both clients of the Access Center and the community as a whole. Potentials programs in the Learning Center are, welding, electrical, plumbing, computer science, resume building, life skills, and more. The Learning Center phase will include construction of the:
• Foundation
• Building Shell
• Four Flex Classroom Spaces
• Storage Closets
NOW, THEREFORE, COUNTY and CITY do hereby mutually agree as follows:
I. INCORPORATION OF RECITALS
The foregoing recitals are hereby incorporated into this MOU by this reference.
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
6 II. PURPOSE OF THE MOU
On December 13, 2022, the COUNTY Board of Supervisors approved an award of $5,300,000 as requested by the CITY. San Joaquin County Fiscal Year 202 2-2023 in ARPA funds that are appropriated to the Public Improvement Budget (#1040148000), Account (#6301000000) appropriations were increased by $5,300,000 to cover the award cost from the Capital Outlay Fund #37004; and,
On December 13, 2022, the COUNTY Board of Supervisors approved an additional award of $2,900,000 as requested by the CITY. San Joaquin County Fiscal Year 202 2-2023 in ARPA funds that are appropriated to the Public Improvement B udget (#1040148000), Account (#6301000000) appropriations were increased by $2,900,000 to cover the award cost from the Capital Outlay Fund #37004.
The purpose of this MOU is to memorialize the use of funding to be provided to the CITY pursuant to COUNTY Board Letter B-9884, approved on December 13, 2022 , for the Projects described in the Recitals, above.
III. ORDER OF PRECEDENCE
Each of the items listed below is incorporated into this MOU by reference. In the event of any inconsistency in this MOU, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and State of California statutes and regulations.
2. This MOU and its Exhibits:
Exhibit A: Motion BOS San Joaquin City of Lodi 12 13 2022 BOS Minutes 12 13 2022
BOS Letter 12 13 2023
Exhibit B: Board Presentation City of Lodi 12 13 2022
Exhibit C: City of Lodi Agenda Item
Exhibit D: 10-06-2021_Lodi Access Center Property Acquisition Exhibit E: 09-15-21_Access Center Signed
Exhibit F: City of Lodi Resolution 2021-273 710 N Sacramento St Exhibit G: City of Lodi Resolution 2022-104 Agreements
Exhibit H: W-9/Employer ID #: 94-6000361
Exhibit I: Request for Funds
Exhibit J: City of Lodi Access Center Budget Estimate Phase 1 to 4_12 13 2022
III. SCOPE OF SERVICES
CITY agrees to provide Emergency Shelter and other services to homeless in San Joaquin County, and shall utilize the COUNTY funding described herein for the Projects described in the Recitals, above.
CITY shall perform its services and work in accordance with currently approved methods and standards of practice in the CITY’S professional specialty.
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
7 IV. GENERAL PROVISIONS
A. Term of MOU:
This MOU shall commence on the date of execution through the 30th day of September 2025, unless said work is completed on a date prior thereto or unless terminated earlier as provided herein or extended upon mutual agreement.
B. Interpretation
This MOU shall not be interpreted in favor of any Party by virtue of said Party not having prepared this MOU.
If any time period provided for in this MOU ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
C. Compensation:
1. COUNTY agrees to pay the CITY the sum of FIVE MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000) for providing services as described in Sections I-III, above. Payments shall be made in multiple installments. These payments cover portions of Phase 1 through Phase 4 of the Project. Retroactive to the Boa rd of Supervisor’s approval on December 13, 2022; and,
2. COUNTY agrees to pay the CITY the sum of TWO MILLION NINE HUNDRED THOUSAND DOLLARS ($2,900,000) for providing services as described in Sections I-III, above. Payments shall be made in multiple installments. The payments cover portions of Phase 5 & Phase 6 of the Learning and Job Readiness Training Center.
Retroactive to the Board of Supervisor’s approval on December 13, 2022.
a) Payments shall be paid within 15 days of the signed “Request for Funds” form (Exhibit G). Supporting documents showing cost estimates, invoices, payments, quotes, and escrow estimates will need to be supplied to initiate payments.
b) Copies of all supporting documents for P hase 1 through Phase 4 of Project shall be submitted by CITY to COUNTY (including, but not limited to, contractor/concessionaire quotes, agreements, invoices, purchase receipts, payments, and any documents which show City Council approval) shall be submitted by CITY to COUNTY no later than September 30, 2025, via email to [email protected]; and,
b) Copies of all supporting documents for Phase 5 & Phase 6 of the Learning and Job Readiness Training Center shall be submitted by CITY to COUNTY (including, but not limited to, contractor/concessionaire quotes, agreements, invoices, purchase receipts, paym ents, and any documents which show City Council approval) shall be submitted by CITY to COUNTY no later than September 30, 2025, via email to [email protected].
c) Any funds paid to CITY pursuant to this MOU that are not used for the approved Project phases by September 30, 2025, shall be returned to COUNTY no later than November 30, 2025.
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
8 3. COUNTY shall monitor the CITY performance periodically throughout the term of this MOU, including reconciliation of payments to actual cost, to ensure that the program is achieving satisfactory performance in relation to the objectives as stated in the Request for Funds (Exhibit I).
4. CITY shall send Quarterly Project Status Reports to the County. The first Quarterly Project Status Report will be due three months from the date the first payment is and received by the CITY. CITY shall submit Project Status Report(s) to the County of San Joaquin, County General Services Department, via email to [email protected]. All reports must reference MOU ID # B-9884.
5. CITY agrees to maintain all program, fiscal, statistical , and management records and make such records available for inspection by COUNTY representatives upon request as described below. The records to be kept and maintained in connection with this MOU shall include, but are not limited to , Property documents, any and all costs associated with the Projects, opening of the Access Center, and Learning and Job Readiness Training Center invoices, records of services rendered, and recipient/contractor service-related correspondence. Failure to promptly comply with any COUNTY request for records and/or inspection pursuant to this Section IV shall constitute a breach of this MOU.
6. CITY agrees to maintain all records pertaining to service delivery and fiscal and administrative controls for a minimum of seven (7) years after final payment has been made, or until all pending County, State, and Federal audits are completed, whichever is later.
Upon request, the CITY shall make these records available in the COUNTY to all authorized County personnel within three (3) working days of the request for such records.
7. CITY shall account for all of the expenditures paid by the COUNTY u nder this MOU, and agrees their financial records shall contain itemized records of all costs related to this MOU. The CITY agrees to follow Generally Accepted Accounting Principles (“GAAP”) to support COUNTY paid expenditures.
8. Total payments under this MOU shall not exceed EIGHT MILLION TWO HUNDRED THOUSAND DOLLARS ($8,200,000) for the term of this MOU, as set forth in this Section IV(C).
D. Invoicing:
CITY shall submit invoice(s) to the COUNTY at: County of San Joaquin, County General Services Department, via email to [email protected]. All invoices must reference MOU ID # B-9884, City of Lodi, and the service(s) performed.
E. Indemnification:
CITY shall, at its expense, defend, indemnify and hold harmless the C OUNTY and its employees, officers, directors, contractors , and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
9 attorneys’ fees, and expenses from any claim or action, including , without limitation for bodily injury or death, arising from or pertaining to the subject matter of this MOU.
CITY shall hold the COUNTY, its officers, and employees, harmless from liability, of any nature or kind on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this order.
F. Special Terms and Conditions
1) CITY or designee shall utilize the local Homeless Management Information System (“HMIS”) to track services, and clients served.
2) CITY or designee shall utilize Activate Care to manage and track clients served, capture contact information for care team members, track referrals, and manage and track relevant activities associated with a client’s care.
3) CITY or designee shall participate in and provide relevant data elements, including, but not limited to, the client’s provider information, housing supports, and referrals in a manner consistent with federal law, into Activate Care, and HMIS. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 1 (commencing with Section 7920.000) of Division 10 of Title 1 of the Government Code). For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.
G. Insurance:
CITY shall obtain and maintain continuously in effect at all times during the term of this MOU, at CITY’S sole expense, general liability insurance protecting COUNTY, its officers, employees and agents against liability which may accrue against COUNTY by reason of CITY’S use of funds pursuant to this MOU. Such insurance must be in the amount of not less than TWO MILLION DOLLARS ($2,000,000) combined single limits coverage for personal injury, death, or property damage, and shall name the COUNTY and its agents as coinsured thereunder. In addition, the policy shall provide for a thirty (30) day notice to the COUNTY prior to cancellation or material change of the policy. CITY shall promptly supply the COUNTY with a certificate of insurance evidencing compliance with the above requirements.
CITY’S employees, contractors and concessionaires shall be fully and adequately covered by Worker ’s Compensation Insurance, as required by law, and shall submit to the COUNTY a certificate of insurance evidencing compliance with such insurance requirements upon execution of this agreement. CITY shall not commence or continue operations on the Property without the required Worker’s Compensation Insurance being in force.
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
10 H. Notices:
Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be affected by one of the following methods: personal delivery, prepaid Certified First -Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either Party, such notice shall be mailed to the addresses shown on page one (1) of this MOU.
I. Termination:
1. Termination for Cause: If the CITY breaches or habitually neglects its duties under this MOU without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this MOU without prejudice to any other remedy to which the COUNTY may be entitled, either at law, in equity, or under this MOU.
2. Termination for Convenience : In addition, the COUNTY may terminate this MOU upon forty-five (45) days written notice to the other Party.
J. Conflict of Interest Statement:
CITY covenants that the CITY, its officers, employees, or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this MOU.
CITY further covenants that in the performance of this MOU no person having any such interest shall be employed or retained by the CITY under this MOU. CITY shall not hire COUNTY’S employees to perform any portion of the work or services provided for herein including secretarial, clerical , and similar incidental services , except upon the written approval of the COUNTY. Performance of services under this MOU by associates or employees of the CITY shall not relieve the CITY from any responsibility under this MOU.
K. Force Majeure:
It is agreed that neither Party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules , or regulations of any governmental agencies or other matters or conditions beyond the control of either the CITY or the COUNTY.
L. Compliance:
CITY shall comply with all F ederal, State, and local laws, regulations, and requirements necessary for the provision of work and services. Furthermore, the CITY shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health, and sanitation, including, but not limited to, payment of prevailing wage pursuant to California law. CITY shall maintain the current throughout the life of this MOU, all permits, licenses, certificates , and insurances that are necessary for the provision of contracted services.
M. Disputes and Remedies:
1. At the COUNTY’s sole discretion, COUNTY may elect to raise a dispute, claim, or
SAN JOAQUIN COUNTY MOU ID: B-9884 CITY OF LODI
11 breach by submitting it, in writing, to CITY. Such dispute, claim, or breach would include conditions and time constraints required of CITY to remedy.
2. Neither the pendency of a dispute, claim, or breach nor its consideration will excuse the Parties from full and timely performance in accordance with terms of this MOU.
3. Any legal action or proceeding with respect to this MOU shall be brought in the courts of the State of California for the County of San Joaquin, or the courts of the United States of America for the Eastern District of California, and in no other courts. CITY hereby accepts such jurisdiction and venue and gene rally and unconditionally waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non-conveniens. The provision of this paragraph shall survive the expiration or other termination of this MOU regardless of the cause of such termination.
4. In any action brought by a Party to enforce the terms of this MOU, the prevailing party shall be entitled to reasonable attorney ’s fees and costs, including the reasonable value of any services provided by i n-house counsel. The reasonable value of services provided by either Party’s counsel shall be capped at the hourly rate charged by Deputy County Counsel IV attorneys in the office of the County Counsel of San Joaquin County, California.
N. Documents:
All drawings, specifications, documents, and other memoranda or writings relating to the work and services hereunder shall remain or become the property of the COUNTY whether executed by or for the CITY for the COUNTY, or otherwise by or for the CITY, or by or for a subcontractor operating under the CITY supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to the COUNTY forthwith upon the COUNTY written demand, termination or completion of the work under this MOU.
O. Entire MOU and Modification:
This MOU and all documents incorporated by reference herein supersede all previous agreements between the Parties hereto, either oral or written, and constitute the entire understanding of the Parties with respect to the subject matter described herein. No changes, amendments, or alterations shall be effective unless in writing and signed by both Parties.
P. Enforceability:
If any term of the MOU is found to be illegal, invalid , or unenforceable under applicable law, suc h term shall be excluded to the extent of such illegality, invalidity , or unenforceability; all other terms of this MOU shall remain in full force and effect; and, to the extent permitted and possible, the illegal, invalid or unenforceable term shall be replaced by a term that is legal, valid and enforceable and that comes c losest to expressing the intention of such illegal, invalid or unenforceable term.
[Signatures appear on the next page.]
Board Order Template Revised 12/2020
Before the Board of Supervisors
County of San Joaquin, State of California
B-22-694
Authorize the Transfer of $5,300,000 From the American Rescue Plan Act Fund (#20250) to the Public Improvement Budget (#1040148000) for Lodi Access Center (4/5ths Vote Required)
THIS BOARD OF SUPERVISORS DOES HEREBY authorize the transfer of $5,300,000 from the American Rescue Plan Act Fund (#20250) to the Public Improvement Budget (#1040148000) for Lodi Access Center (4/5ths Vote Required).
I HEREBY CERTIFY that the above order was passed and adopted on December 13, 2022 by the following vote of the Board of Supervisors, to wit:
MOTION: Patti/Rickman/5-0
AYES: Villapudua, Miller, Patti, Rickman, Winn
NOES: None
ABSENT: None
ABSTAIN: None
By:
Deputy Clerk
ATTEST: RACHÉL DeBORD
Clerk of the Board of Supervisors
County of San Joaquin
State of California
EXHIBIT A
Board of Supervisors
San Joaquin County
Draft Minutes
ROBERT RICKMAN
Chairman
Fifth District
MIGUEL VILLAPUDUA
Vice-Chair
First District
PAUL CANEPA
Second District
TOM PATTI
Third District
STEVEN J. DING
Fourth District
JAY WILVERDING
County Administrator
KIMBERLY D. JOHNSON
Interim County Counsel
RACHÉL DeBORD
Clerk of the Board
SAN JOAQUIN COUNTY BOARD OF SUPERVISORS
MINUTES OF
TUESDAY, DECEMBER 13, 2022
9:00 AM
C
ommencement of Meeting
Chairman Winn commenced the meeting at 9:04 a.m. and called for a moment of silence, silent reflection or silent prayer.
Pledge of Allegiance
Supervisor Patti led in the Pledge of Allegiance.
Roll Call
Katherine M. Miller District 2
Chuck Winn Chairman – District 4
Tom Patti District 3
Miguel Villapudua District 1
Robert Rickman District 5
RECOGNITIONS\P RESENTATIONS
1. D5 - Proclamation of December 17, 2022 as "Wreaths Across America Day" in San Joaquin County.
On behalf of the Board, Vice-Chairman Rickman presented a proclamation to Julia Dewey Conover.
2. D5 - Recognition of Escalon High School Cougars Varsity Football Team’s Third Sac- Joaquin Section Division 5 Football Title.
On behalf of the Board, Vice Chairman Rickman presented a recognition to Coach Andrew Beam and Senior Captains Michael Peters, Logan Anderson, Matthew Baptista, Owen Nash and Jacob Rauch on behalf of the Escalon Cougars Varsity Football Team.
EXHIBIT A
3. BOS - Recognition of Outgoing Supervisor Katherine Miller, District 2.
On behalf of the Board, Chairman Winn presented a recognition to outgoing District 2 Supervisor Kathy Miller.
4. BOS - Recognition of Outgoing Supervisor and 2022 Chairman Chuck Winn, District 4.
On behalf of the Board, Vice Chairman Rickman presented a recognition to outgoing District 4 Supervisor and Chairman Winn.
5. BOS - 2022 State of the County Presentation by Chairman Winn.
Chairman Winn presented the State of the County address.
PUBLIC COMMENT
In-person comments were provided by the public and written comments were read into the record by Clerk of the Board staff.
MINUTES
Motion to approve the Minutes as listed on the Agenda. Approved. B-22-666 RESULT: ADOPTED [UNANIMOUS]
MOVER: Katherine M. Miller, District 2
SECONDER: Tom Patti, District 3
AYES: Miller, Winn, Patti, Villapudua, Rickman
1. Board of Supervisors – Amended Regular Meeting – Nov 8, 2022 9:00 AM
2. Board of Supervisors – Regular Meeting – Nov 29, 2022 9:00 AM
3. Board of Supervisors – Special Meeting – Nov 30, 2022 9:00 AM
APPOINTMENTS TO BOARDS AND COMMISSIONS
1. BOS - Approve the Appointment of Positions to Various Boards and Commissions.
Motion to approve the Appointments and Nominations as presented. Approved.
B-22-667
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Rickman, District 5
SECONDER: Tom Patti, District 3
AYES: Miller, Winn, Patti, Villapudua, Rickman
CONSENT ITEMS #1 - 32
Consent Item # 4 was pulled by Supervisor Patti pulled for discussion and County Administrator Jay Wilverding responded to questions by the Board.
Consent Item #5 was pulled by Vice-Chairman Rickman pulled for discussion and Interim County Counsel Kimberley Johnson responded to questions by the Board.
Consent Item #8 was pulled by Supervisor Patti pulled Consent Item #8 for discussion and Assistant General Services Director Connie Hart, Capital Projects Administrator Daniel Moore, Purchasing Director Johnnie Terry, and Jennifer Krauter with Dreyfuss and Blackford Architects responded to questions by the Board.
Motion to approve consent item #1 - 32.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Miguel Villapudua, District 1
SECONDER: Katherine M. Miller, District 2
AYES: Miller, Winn, Patti, Villapudua, Rickman
CONSENT - GENERAL GOVERNMENT
1. AIR - Approval for Authorization of Service Agreement With RS&H California, Inc., for the Security System Upgrades Project for Additional Construction Phase Services in the Amount of $133,461, Approval for the Use of Measure K Funds in the Amount of $38,342, and Related Budget Adjustments. (4/5ths Vote Required) B-22-668; Budget Appropriations B-22-668a; A-22-491
2. ARCC - Approve the Contract With Kofile Technologies, Inc., to Provide QuickLink, a Custom Software, to Access Historic Digitized Documents, and Authorize Payment of Services From December 13, 2022 Through June 30, 2023, in the Amount of $646,616.
B-22-669; A-22-492
3. BOS - Receive and Refer all Board Communications as Outlined on the Communications Distribution Listing.
B-22-670
4. CAO - Allocate One (1) Position of Assistant County Administrative Officer to the County Administrator’s Office Effective December 19, 2022.
R-22-225
5. CC - Modify Direction to Staff Regarding the Exploration, Adoption, and Implementation of a Shopping Cart Ordinance.
R-22-230
6. COB - Approve the Announcement of Five Positions to Various Boards and Commissions and Set the Application Deadline for January 6, 2023.
B-22-671
7. GEN/SER - Authorize Agreement With Mobile Modular Management Corporation to Deliver and Install Three Prefabricated Modular Buildings for the Behavioral Health Services Adult Residential Treatment Campus Project.
B-22-672; A-22-493
8. GEN/SER - Approve the First Amendment to Agreement (A-22-161) With Dreyfuss & Blackford Architects in the Additional Amount of $2,674,382, for a Total Not to Exceed Contract Amount of $2,937,392; and Approve an Increase in Appropriations for the 6 South El Dorado Street Tenant Improvement Project and Offsetting Use of Fund Balance in the Amount of $1.9 Million. (4/5ths Vote Required)
B-22-673; A-22-494; Budget Appropriations B-22-673a
9. GEN/SER - Approve the Purchase and Sales Agreement With Vision Vocations, Inc., for the Sale of County Surplus Real Property Located at 826 North California Street, Stockton, California, for the Purchase Price of $2,250,000.
B-22-674; A-22-495
10. GEN/SER - Approval of a Master Independent Contractor Agreement With Vanir Construction Management, Inc., for Construction Management Services, for the Period of December 13, 2022 Through June 30, 2023, With Two Optional One-Year Extensions.
B-22-675; A-22-496
11. HR - Adoption of the 2022-2024 San Joaquin County Equal Employment Opportunity Plan.
B-22-676
12. HR - Create and Assign Salary for the New Civil Service Classification of Department Information Systems Administrator (RM0700) Effective December 19, 2022.
R-22-226
13. HR - Implement Classification Project #21-025 by Reallocating Four (4) Positions of Senior Office Assistant (RO6110) to Office Assistant Specialist (RO6115) and One (1) Position of Office Supervisor (RO1000) to Senior Administrative Supervisor (RO1500) in the Sheriff’s Department Budget Effective December 19, 2022.
R-22-227
14. HR - Adoption of a One-Year Extension Agreement for the Memorandum of Understanding for the Probation Officers Association (POA).
B-22-677; A-22-497
15. HR - Retroactively Increase the Salary Range for the Hospital Chief Financial Officer (EH3102) Classification Effective December 5, 2022.
B-22-678
16. ROV - Adopt a Resolution Accepting the Certified Statement and Results of the Votes Cast at the General Election Held on Tuesday, November 8, 2022.
R-22-228
CONSENT - HEALTH AND HUMAN SERVICES
17. HSA - Approve the Agreement With Family Resource & Referral Center to Provide Stage 1 Child Care Services for a Total of $6.6 Million, From January 1, 2023 Through December 31, 2023.
B-22-679; A-22-498
18. HSA - Adoption of Resolution Authorizing San Joaquin County Human Services Agency’s Application to the California Department of Housing and Community Development for a Housing Navigation and Maintenance Program Allocation of $370,763 Through June 30, 2025, and Authorize Acceptance of the Allocations and Execution of Agreement Documents.
R-22-229
19. HSA - Approve Amendment 1 to Independent Contractor Agreement CON0003625-3 With Mobility Plus of California to Increase Funding From $200,000 to $400,000, to Provide Fall Prevention Services to Older Adults From July 1, 2022 Through June 30, 2023.
B-22-680; A-22-499
20. NEIGH/PRES - Authorization for the Health Care Services Director to Process Amendment #1 to the 2020-2025 Consolidated Plan and the 2021-2022 Annual Action Plan to Include The Home Investment Partnerships Program – American Rescue Plan.
B-22-681
21. PHS - Retroactive Approval to Accept Additional Grant Funding From Health Plan of San Joaquin for the CalAIM Incentive Payment Program Funding for the Period January 1, 2022 Through December 31, 2022, in the Amount of $173,228 for a Total Maximum Payable Amount of$296,963 and Authorization for Director of Health Care Services to Accept Future CalAIM Incentive Payment Program Funding Not to Exceed $377,444.
B-22-682
22. SJGH - Approval of Applications for Appointment for a Three-Year Term and Reappointment for a Two-Year Term to San Joaquin General Hospital Medical Staff and Allied Health Professionals.
B-22-683
23. SJGH - Approval of Revisions to the San Joaquin General Hospital Medical Staff Bylaws and Medical Staff Rules and Regulations.
B-22-684
24. SJGH - Approve and Adopt Plans and Specifications for the San Joaquin General Hospital Radiology Room 1324 CT Replacement Project.
R-22-231
25. SJGH - Retroactively Authorize the San Joaquin General Hospital Chief Executive Officer to Execute Amendments to the Cerner Corporation Master Services Agreement for Electronic Health Record Services for $299,100, From $51,425,010 to $51,724,110.
B-22-685
26. SJGH - Retroactively Approve, Effective July 1, 2022, Annual Salary for Richard Castro, MBA, as Chief Executive Officer for $569,700 and Pro-Rated Salary for Tim Panks, Interim Chief Financial Officer for $180,000.
B-22-686
CONSENT - LAW & JUSTICE
27. SO - Introduce and Waive Reading of Ordinances Amending Sections of the Ordinance Code of San Joaquin County Related to the Sheriff-Coroner-Public Administrator as a Result of the Abolishment of the Office of the Coroner. (Said Ordinance to be Adopted January 10, 2023)
B-22-687
CONSENT - PUBLIC WORKS
28. PW - Approve an Appropriation Increase of $200,000, for the 2022-2023 Fleet Services Internal Services Fund Budget for Required Replacement of Obsolete Fuel Dispenser Equipment Located at the Hazelton Avenue Corporation Yard. (2nd District) (4/5ths Vote Required)
B-22-688; Budget Appropriations B-22-688a
29. PW - Approve a Local Project Sponsor Agreement for the Sustainable Groundwater Management Implementation Grant (Round 1) Between the Eastern San Joaquin Groundwater Authority and North San Joaquin Water Conservation District, the City of Stockton, and the County of San Joaquin. (1st, 2nd, 3rd and 4th Districts) B-22-689; A-22-500
30. PW - Approve and Adopt Plans and Specifications for the Ada Avenue Resurfacing, Located East of Stockton and South of State Route 26, and Set a Bid Opening Date of January 5, 2023, at 1:30 P.M. (4th District)
R-22-232
31. PW - Approve and Adopt Plans and Specifications for Crack Seal 2022-2023, and Set a Bid Opening Date of January 5, 2023, at 1:30 P.M. (All Districts) R-22-233
32. PW - Introduce and Waive Reading of an Ordinance Providing for a No Parking Zone on a Portion of Manthey Road near Yettner Road, South of Stockton. (Said Ordinance to be Adopted January 10, 2023) (3rd District)
B-22-690
9:00 A.M. SCHEDULED MORNING ITEMS/PUBLIC HEARINGS
1. PW - Public Hearing for Approval of the San Joaquin County Traffic Impact Mitigation Fee Program Update. (All Districts)
Public Works Deputy Director - Engineering Najee Zarif and Consultant Project Manager with DKS Associates Jim Damkowitch presented this item to the Board. Deputy Director Zarif and Mr. Damkowitch responded to questions by the Board.
Chairman Winn opened and closed the public hearing at 11:59 a.m., with no public comments.
Motion to approve recommendations as presented. Approved. R-22-234 RESULT: ADOPTED [4 TO 1]
MOVER: Tom Patti, District 3
SECONDER: Miguel Villapudua, District 1
AYES: Miller, Winn, Patti, Villapudua
NAYS: Rickman
DISCUSSION
Note: The order of discussion items were changed. Discussion Items 4 and 5 were heard prior to the Scheduled Afternoon Public Hearing, followed by Discussion Items 7, 8, 2, 1 and 3.
At 12:00 p.m., Chairman Winn called for a brief recess.
At 12:13 p.m., Chairman Winn reconvened the meeting.
Following Discussion Item 1, at 4:10 p.m., Chairman Winn called for a brief recess.
At 4:20 p.m., Chairman Winn reconvened the meeting.
DISCUSSION - GENERAL GOVERNMENT
1. D4 - Adopt Resolution in Support of Ensuring the Health and Sustainability of the Sacramento-San Joaquin Delta.
Chairman Winn presented this item to the Board.
Motion to adopt a Resolution in support of ensuring the health and sustainability of the Sacramento-San Joaquin Delta. Approved. R-22-235
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tom Patti, District 3
SECONDER: Katherine M. Miller, District 2
AYES: Miller, Winn, Patti, Villapudua, Rickman
2. D5 - Authorize the Use of $347,000 From the American Rescue Plan Act Fund (#20250) to Fund the Purchase of Emergency Vehicles and Equipment for Escalon Community Ambulance.
Supervisor Rickman presented this item to the Board.
Motion to authorize the County Administrator to use ARPA funds to purchase emergency vehicles and equipment for Escalon Community Ambulance. Approved.
B-22-691
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Rickman, District 5
SECONDER: Tom Patti, District 3
AYES: Miller, Winn, Patti, Villapudua, Rickman
3. CAO - Accept Fiscal Year 2022-2023 First Quarter Budget Report, Authorize Budget Appropriation Increases of $2,181,662, and Approve Related Budget Adjustments. (4/5ths Vote Required)
Chief Deputy County Administrator Brenda Kiely presented this item to the Board. Chief Deputy Kiely and Jay Wilverding County Administrator responded to questions by the Board.
Motion to approve the recommendations as presented. Approved. B-22-692, Budget Appropriations B-22-692a, Budget Appropriations B-22-692b, Budget Appropriations B-22-692c, Budget Appropriations B-22-692d, Budget Appropriations B-22-692e, R-22-236
RESULT: ADOPTED [UNANIMOUS]
MOVER: Katherine M. Miller, District 2
SECONDER: Miguel Villapudua, District 1
AYES: Miller, Winn, Patti, Villapudua, Rickman
4. CAO - Authorize the Allocation of $7,267,276 From the American Rescue Plan Act Fund (#20250) to Fund Various Projects for 13 Fire Districts.
Deputy County Administrator Sarah Sickler presented this item to the Board.
Waterlooo Fire District Chief Eric Walder spoke in support of this item. Health Care Services Director Greg Diederich responded to questions by the Board.
Motion to approve the recommendations as presented. Approved. B-22-693 RESULT: ADOPTED [UNANIMOUS]
MOVER: Tom Patti, District 3
SECONDER: Robert Rickman, District 5
AYES: Miller, Winn, Patti, Villapudua, Rickman
5. CAO - Authorize the Transfer of $5,300,000 From the American Rescue Plan Act Fund (#20250) to the Public Improvement Budget (#1040148000) for Lodi Access Center. (4/5ths Vote Required)
Program Administrator for Homeless Initiatives Adam Cheshire along with representatives from the City of Lodi presented this item and responded to questions by the Board.
Following discussion, the Board consensus was to provide additional funding of $2.9 million to support the Learning Center.
Motion to approve the recommendations as presented with the addition of $2.9 million for the Learning Center. Approved. B-22-694, Budget Appropriations B-22-694a
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tom Patti, District 3
SECONDER: Robert Rickman, District 5
AYES: Miller, Winn, Patti, Villapudua, Rickman
6. COB - Oral Report From Peter Johnson Regarding the Public Board Training Provided to Boards, Commissions, and Advisory Committee Volunteers.
Note: This item was postponed.
DISCUSSION - HEALTH & HUMAN SERVICES
7. PHS - Oral Presentation and Approval of the San Joaquin County COVID-19 Emergency After-Action Report and Improvement Plan.
Health Care Services Director Greg Diederich , Project Manager Sara VanderCapellen and Emergency Management Diversity, Equity, and Inclusion Program Manager Pattijean Hooper presented this item and responded to questions by the Board.
8. SJGH - Accept Oral Presentation Related to the San Joaquin General Hospital Management Services Agreement - 90 Day Review.
San Joaquin General Hospital CEO Rick Castro presented this item to the Board and responded to questions.
BOARD OF SUPERVISORS COMMENTS AND COMMITTEE REPORTS
There were no Board of Supervisors comments or committee reports.
CLOSED SESSION
At 4:55 p.m., Interim County Counsel Kimberly Johnson announced that the Board would meet in Closed Session and there were no announcements expected.
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
California Government Code Section 54957(b)(1)
Title: County Administrator
2. PUBLIC EMPLOYEE APPOINTMENT
California Government Code Section 54957(b)(1)
Title: Airport Director
Title: County Counsel
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
California Government Code Section 54956.9(d)(1)
San Joaquin General Hospital v. California Physicians’ Service, a California Non-profit Mutual Benefit Corp., DBA Blue Shield of California, etc.
San Joaquin Superior Court Case No. 2020-0005964
1:30 P.M. SCHEDULED AFTERNOON ITEMS/PUBLIC HEARINGS
At 1:30 p.m., Chairman Winn called for a recess.
At 1:45 p.m., Chairman Winn reconvened the meeting.
1. CDD - Public Hearing Regarding Use Permit No. PA-2100164 and Commercial Cannabis Development Agreement No. PA-2200028 of JKL Sunshine, Inc. (c/o Zach Drivon, Drivon Consulting) (District 4)
Community Development Director Jennifer Jolley introduced the item and Senior Planner Megan Aguirre gave a presentation to the Board. Director Jolley, Senior Planner Aguirre, County Administrator Jay Wilverding, Senior Deputy County Administrator Adam Brucker and Deputy County Counsel Zoey Merrill responded to questions by the Board.
At 2:25 p.m., Chairman Winn opened the public hearing.
In-person comments were provided by the public.
At 2:37 p.m., Chairman Winn closed the public hearing.
Motion to approve staff recommendations as presented. Approved. R-22-237; A-22-501
RESULT: ADOPTED [4 TO 1]
MOVER: Miguel Villapudua, District 1
SECONDER: Katherine M. Miller, District 2
AYES: Miller, Patti, Villapudua, Rickman
NAYS: Winn
ADJOURN TO WEDNESDAY, JANUARY 4, 2023 AT 10:00 A.M. FOR THE SWEARING- IN CEREMONY OF COUNTY ELECTED OFFICIALS.
At 4:54 p.m., Chairman Winn adjourned the meeting to Wednesday, January 4, 2023 at 10:00 a.m., for the Special Reorganization Ceremony of the Board of Supervisors.
Lodi Access Center
December 13, 2022 San Joaquin County Board of Supervisors Meeting Presentation 1 How It All Got Started
• Lodi Committee on Homelessness Founded in 2015
• September 16, 2015 – L odi City Council adopted the Report on Homelessness in Lodi
• First Community Liaison Officer started July 4, 2017
• Regular Outreach initiated in 2018 and expanded in 2021 • November 4, 2020, the City Council adopted the San Joaquin C
ommunity Response to Homelessness – 2020 San Joaquin Strategic Plan (Strategic Plan)
• October 5, 2021 – C ity Council approved the location and acquisition to house the Lodi Access Center.
2 What has been done in the past
year with the Access Center?
Subcommittee(s) Input
Schematic Design
Now Beginning Phase 2 Development Documents
Temporary Access Center Opened
Lodi Safety Ambassador Program Initiated
3 Neighborhood Safety – Lodi
Ambassador Program
24/7 Coverage
Provide resource information to anyone experiencing
homelessness that they encounter
Reports any illegal activities witnessed to the Lodi Police Department
First Call Alarm Service for Businesses in the patrol area Map has been updated to include Hutchins Street Square
4 Temporary Access Center
5 Services Information
Capacity to house up to 49 individuals overnight
Partners, pets, and possessions allowed
3 meals a day, showers, restrooms, clothing, and
storage
Wraparound services available to both day and overnight clients
Outreach
Neighborhood Clean-up
6 Client Utilization
Avg. 30 per night
Avg. 36 per night
Avg. 33 per night
Avg. 35 per night
Beginning in November,
the Temporary Access
Center has been at
capacity most nights
7 Success Stories July 22nd to October 31st
19 19
14 9
4 4
0 2
4 6
8 10
12 14
16 18
20 Transitioned to Programs Connected to
Behavioral Health
Transitioned to
The Salvation Army
Gained Employment Gained Housing Reconnected with Family 8 Recent Success Stories
Dawn:
• Was on the verge of losing her housing
• Came to the Access Center for help
• Inner City Action was able to get her
m
obile home moved to a location she is
able to live in it to remain housed
John:
• Had a falling out with family and had no
w
here to go and no hope.
• Came to the Access Center for shelter
• Through life coaching provided by Inner
C
ity Action he has gained employment and
is saving up for a vehicle and housing
9 The Lodi Access Center and
Emergency Shelter
10 Overhead View
Future
Learning
Center
Access Center
and Emergency
Shelter
11 Schematic Design
Congregate
Housing
Learning
Center
Dining
12 Next Steps
Break
GroundBid ProcessPermitting
Complete
Construction
Documents
Design
Development
13 City of Lodi Request to San Joaquin
County Board of Supervisors (BOS)
Interior Courtyard View
14 Current Estimated Design and Development Cost
Budget (1)
Subtotal 49,000$
Subtotal 2,177,000$
800,000$
Subtotal 800,000$
8,050,000$
Subtotal 8,745,892$
230,400$
Subtotal 230,400$
225,600$
Subtotal 225,600$
CONTINGENCY (15%) 1,380,284$
TOTA L (2) 13,608,175$
Footnotes:
1. All numbers are estimates pending completion of bid process for construction.
2. Current estimates will be evaluated every 6 months for escalation review Access Center and Emergency Shelter Budget Estimate Phase 1 to 4 PHASE 2:
Project Development Costs (Estimated based on $350 a sq.ft. x 23,000 sq.ft.) PHASE 3:
Parking Lot (Estimated based on $30 a sq.ft. x 7,680 sq.ft.) PHASE 4:
Remaining Landscaping (Estimated based on $15 a sq.ft. x 10,240 sq.ft. and $30 a sq.ft. x 2,400 sq.ft.) Tasks and Phases
Community Engagement
Pre-Development Costs
PHASE1:
Street Frontage, Fencing, and Sound Wall
15 Current Funding Allocated to Acquisition, Design &
Development of Phases 1 to 4 and Request to BOS
• Allocated Resources: $8.3 Million
• Includes Various City Awarded Grant
R
esources, SJC Capital Outlay Grant, and
City allocated American Rescue Plan Act
funds (see next slide for details)
• This does not include $4.5 million allocated to
ad
ministration, operating, neighborhood safety
• Request for Consideration: $5.3 million
• This will fully fund the development of the
Access
Center and Emergency Shelter to be
able to open for operation.
16 Current Funding Allocated to Phase 1 to 4
& Request to BOS Detail
Location: 710 N Sacramento Street, Lodi, CA 95240 *Italicized and highlighted gray is Board of Supervisor Request for funding Budget (1)
American Rescue
Plan Act (City)
San Joaquin
County
HHAP Round 2
(City) City EU
LEAP
(City)
PLH A
(C
ity)
City CDBG-EN
(FY 2023-2024)
Estimated
Expenditures
Unfunded (2)
San Joaquin
County
(Request to
BOS)
Subtotal 49,000$ -$ -$ -$ -$ 49,000$ -$ -$ -$ -$ -$
Subtotal 2,177,000$ 105, 000$ 2,000,000$ -$ -$ 72,000$ -$ -$ -$ -$ 800,000$ 800,000$ -$
Subtotal 800,000$ -$ 800,000$ -$ -$ -$ -$ -$ -$ -$ 8,050,000$ 4,439,133$ 414,042$ 125,000$ 4,000$ 300,000$ (2,767,825)$ 2,767,825$ Subtotal 8,745,892$ 4, 439,133$ -$ 414,042$ 125,000$ 4,000$ -$ 300,000$ (3,463,716)$ 3,463,716$ 230,400$ (230,400)$ 230,400$
Subtotal 230,400$ -$ -$ -$ -$ -$ -$ -$ (230,400)$ 230,400$ 225,600$ (225,600)$ 225,600$
Subtotal 225,600$ -$ -$ -$ -$ -$ -$ -$ (225,600)$ 225,600$ CONTINGENCY (15%) 1,380,284$ ( 1,380,284)$ 1,380,284$ TOTA L (3)
13,608,175$ 4, 544,133$ 2,800,000$ 414,042$ 125,000$ 125,000$ -$ 300,000$ (5,300,000)$ 5,300,000$ Footnotes: 5,300,000$
1. All numbers are estimates pending completion of bid process for construction.
2. The City will have a phased build approach to ensure any unfunded portion is in a later phase and will continue to apply for grant resources as they become available.
3. Current estimates will be evaluated every 6 months for escalation review
4. The City will continue to look for grant and other funding opportunities for any future potential funding gaps based on changes to budget estimates as they are evaluated throughout the project Community Engagement
Pre-Development Costs
PHASE 4:
Remaining Landscaping (Estimated based on $15 a sq.ft. x 10,240 sq.ft. and $30 a sq.ft. x 2,400 sq.ft.)
Total Request to San Joaquin County BOS
Access Center and Emergency Shelter Budget Estimate Phase 1 to 4 Allocated Activity Cost per Funding Available
Tasks and Phases
PHASE1:
Street Frontage, Fencing, and Sound Wall
PHASE 2:
Project Development Costs
(Estimated based on $350 a sq.ft. x 23,000 sq.ft.)
PHASE 3:
Parking Lot (Estimated based on $30 a sq.ft. x 7,680 sq.ft.) 17 Future Phases (5 & 6)
• Phase 5: Shade Structures and Courtyard (1.2 million) • Phase 6: Learning Center/Job Readiness Training (1.7 Million) • Unfunded: $2.9 million
• The City of Lodi will be looking
at all g
rant opportunities and
community fundraising for the
development of these phases
Learning
Center
Learning
Center Courtyard
18 Questions?
Thank You for
your time and
consideration
of our request.
19 November 29, 2022
44 N. San Joaquin Street, Suite 640 | Stockton, California 95202 | T 209 468 3203 | F 209 468 2875 Office of the County Administrator
Jerome C. Wilverding, County Administrator
Sandra Regalo, Assistant County Administrator
Board of Supervisors
County Administration Building
Stockton, CA
Dear Board Members:
Authorize the Transfer of $5,300,000 From the American Rescue Plan Act Fund (#20250) to the Public Improvement Budget (#1040148000) for Lodi Access Center (4/5ths Vote Required)
RECOMMENDATION
It is recommended that the Board of Supervisors authorize the County Administrator to transfer $5,300,000 from the American Rescue Plan Act (ARPA) Fund (#20250) to the Public Improvement Budget (#1040148000) under the Capital Out lay Fund (#37004) to fund the completion of an emergency shelter in Lodi (4/5ths Vote Required).
REASON FOR RECOMMENDATION
Opened by the City of Lodi on July 22, 2022, the interim Lodi Access Center has provided emergency shelter and services for up to 4 9 individuals within temporary facilities while work on phases one through four of the permanent project are ongoing (Attachment A). Since that time, clients have been connected to Behavioral Health Services, assisted in gaining employment and permanent ho using, and/or transitioned to other programs such as The Salvation Army Hope Harbor. Once completed, the Lodi Access Center is expected to serve up to 200 individuals per night in a 23,000 square foot facility, increasing total shelter bed capacity within the City of Lodi by over 150%.
Project Funding
To date, the City of Lodi has secured approximately $8.3 million for acquisition, design, and construction of the project . The majority of this funding is from the City’s ARPA funds, the largest share of whi ch was allocated by the Lodi City Council for projects addressing homelessness. An additional $2.8 million was awarded by the County in July 2021. Additionally, $4.5 million has been committed by the Council over the next several years for operations of both the temporary and permanent Access Center , comprised of multiple City-awarded grant resources and general fund.
Request from the City of Lodi
On July 13, 2021, representatives from the Lodi City Council and staff provided a presentation to the Board o f Supervisors regarding the Access Center. At that time, the
EXHIBIT A
Board of Supervisors November 29, 2022
CAO - Authorize Transfer of $5,300,000 from
ARPA to Public Improvement Budget for Lodi
Access Center
Supervisors authorized an allocation of $ 2.8 million for the project utilizing the first tranche of the County’s ARPA funds, enabling the acquisition of the site and infrastructure improvements. If authorized, the addition of funds from the County’s second tranche of ARPA is intended to fully complete the project, including furnishings and fixtures, landscaping, and parking (Attachment B). Two more phases of the project are currently planned to fu rther improve the facility and add a workforce development center dedicated to learning and job training activities for Access Center clients and members of the community.
FISCAL IMPACT
One-time funds of $5.3 million is available in the 2022 -2023 American Rescue Plan Act Fund (#20250) and will be transferred to the Public Improvement Budget (#1040148000) under the Capital Outlay Fund (#37004). Per the guidance provided by the U.S. Department of the Treasury in the Interim Final Rule, eligible uses of ARPA funds include “services to address homelessness such as supportive housing and to improve access to stable, affordable housing among unhoused individuals .” Funds will be issued on a reimbursement basis to cover eligible project costs as delineated in Attachments A and B.
ACTION TO BE TAKEN AFTER APPROVAL
Upon approval, the Auditor -Controller will process the appropriations transfer. Prior to the disbursement of funds, project information will be provided to the Director of General Services for review and approval. Funds will be made available to the City of Lodi on a reimbursement basis for development costs to complete phases one through four of the Lodi Access Center.
Very truly yours,
Jerome C. Wilverding
County Administrator
Attachment A: Memo to Board of Supervisors
Attachment B: Project Budget
JW:AC
c: Auditor-Controller
Director of General Services
John Della Monica, City of Lodi Community Development Director Board Clerk for Agenda 12/13/22
Board of Supervisors November 29, 2022
CAO - Authorize Transfer of $5,300,000 from
ARPA to Public Improvement Budget for Lodi
Access Center
BL12-05
Reviewed by County Counsel’s Office:
AGENDA ITEM
APPROVED: __________________________________
Stephen Schwabauer, City Manager
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Enter into a Purchase Agreement and Such Other Documents, Including Escrow Instructions, in a Form Acceptable to the City Attorney to Complete the Purchase of Real Property from Lague Family, LLC, a California Limited Liability Company, Property Owner, of 710 North Sacramento Street (APN 041-18-009 & 041- 19-042) to Develop the Lodi Access Center in an Amount not to Exceed ($2,200,000)
MEETING DATE: October 6, 2021
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to enter into a purchase agreement and such other documents, including escrow instructions, in a form acceptable to the City attorney to complete the purchase of real property from Lague Family, LLC, a California Limited Liability Company, Property Owner, of 710 North Sacramento Street (APN 041-18-009 & 041 -19-042) to develop the Lodi Access Center in an amount not to exceed ($2,200,000).
BACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020 San Joaquin
Strategic Plan (“Strategic Plan ”). The Strategic P lan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless crisis response services.
On April 7, 2021, City Council accepted the Permanent Local Housing Allocation (PLHA), of which years two through five of the five year plan are allocated towards the Access Center. On May 5, 2021, Council approved allocating $5.5 million of American Rescue Plan Act federal funds to the development of a Navigation Center, now known as the Access Center. On May 5, 2021, City Council also approved the Lodi Access Center Community Engagement Plan, which was the first step in order to move forward with several of the goals identified in the Strategic Plan. On July 13, 2021, the County Board of Supervisors approved $2.8 million towards our Access Center project development from the San Joaquin County capital-outlay fund.
On September 2, 2021, a public community meeting was held at Kirst Hall – Hutchins St. Square and streamed live via Zoom and Facebook. City staff in collaboration with the Lodi Committee on Homelessness (LCOH) and community partners, presented information on the Access Center and the three locations provided for consideration (Century, Pixley, and Sacramento), as well as addressed key questions.
On September 15, 2021 staff presented to the Lodi City Council the Access Center locations for consideration. In a 3-1 vote, Council approved the adoption of a resolution approving 710 N
Lodi Access Center Property Acquisition
October 6, 2021
Sacramento Street as the location of the Access Center and accepted and appropriated the San Joaquin County capital-outlay funds.
Lague Family, LLC, a California Limited Liability Company (Property Owner), is selling the property located at 710 North Sacramento Street. A Phase I Environmental Assessment was conducted by AdvancedGeo, lnc. (AGl) at the subject property in conformance with the scope and limitations of ASTM Standard Practice E1527-13, the Environmental Protection Agency Standards and Practices for All Appropriate Inquiries (40 CFR Part312). AGI did not identify any recognized environmental conditions during the investigation. As there were no environmental concerns, staff went forward in requesting an appraisal of the property. The subject property was evaluated and appraised at $2,100,000 from W.F.
Bambas Appraisal Company.
Staff recommends that City Council adopt a resolution authorizing the City Manager to enter into a purchase agreement and such other documents, including escrow instructions, in a form acceptable to the City attorney to complete the purchase of real property from Lague Family, LLC, a California Limited Liability Company, Property Owner, of 710 North Sacramento Street (APN 041-18-009 &041-19-042) to develop the LodiAccess Center in an amount not to exceed ($2,200,000) which includes acquisition ($2.1 million) and associated closing costs which staff are estimating at approx. ($100,000) or 5o/o.
FISCAL lttlPACT: The requested action is a $2.1 million purchase of the subject site on Sacramento St. There is no impact to existing operations or the General Fund from this purchase. A combination of recently granted San Joaquin County Capital Outlay funds and American Rescue Plan Act funds will be used for the purchase and associated closing costs. lt is anticipated that full construction of the Access Center (to be considered by Council at a. future date) and any temporary shelters on site will be fully covered by the remaining County grant and ARPA funds.
Staff anticipates utilizing PHLA and other grant funds for the City's portion of operating expenses for the first 3 years of operations. Beyond that, General Fund support will be needed if other funding does not materialize. lt is anticipated multiple partners, including the County, non-profits and the City will have a role in staffing the site for the critical services that will ultimately make the project a success. A temporary shelter could be functional on site as soon as the beginning part of 2022.
FUNDING AVAILABLE: Funding for the land acquisition:
$2,000,000 - SJC Capital Outlay Grant (35599000-77020)
$100,000 - American Rescue Plan Act (10498800.77020)
$2,100,000 - Total Cost of Land Purchase
Funding for associated closing costs:
$100,000 - American Rescue Plan Act (10498800 17020)
Andrew Keys,
Deputy City Manager/lnternal Services Director
John Della Monica, Jr
Co unity Development Director
EXHIBIT E
EXHIBIT F
EXHIBIT G
,-,, llll'9 Request for Taxpayer
ldentlfication Number and Certiflcation
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Lodl, CA, 952{0 Lodi, CA 95211
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EXHIBIT H
Phone#: (209) 269-4526 (John)
(209) 269-4519 (Jennifer)
Email: [email protected]
[email protected]
Estimated Access Center Project Projected Start Date Phase 1 to Phase 4:
Estimated Access Center Project Projected Start Date Phase 5 & Phase 6:
710 N. Sacramento Street, Lodi, CA 95240
Appraisals
Environmental Testing
Engineering and Topographical Studies
Survey and Site Assessment
Acquisition
BUILDING COSTS TOTAL $0.00 $0.00
Architectural
Design Specification Documents
Space Programming
Technology - Security/IT
Engineering
Project Management
Landscape Design
SOFT COSTS TOTAL $0.00 $0.00
Phase 1: Street Frontage, Fencing, and Sound Wall $0.00 Phase 2: Project Development $3,463,716.00
Design Development
Construction Documents
Fees and Permits
Utility Infrastructure
Roof (repair/replacement/addition)
Site-improvements
Foundation
Electrical
Plumbing
Drywall
Insulation
Exterior Fascia
Interior Finishing
Furniture. Fixtures, Equipment (FFE)
Outdoor Lighting
Surfacing Fencing
Contingency for Phases 1 to 4 $1,380,284.00
Phase 3: Parking Lot $230,400.00
Removing existing surface
Sub base preparation
Paving
Painting lines
Phase 4: Landscaping $225,600.00
Irrigation
Sod
Trees, Bushes, Plants
Phase 5: Shade Structures and Courtyard $1,065,000.00
Concrete Pads
Shade Structures
Planter Boxes
Soft Scape
Dog Wash
Lockable kennels and/or storage space
Contingency $159,750.00
Phase 6: Learning Center for Job Readiness Training $1,472,391.00 Foundation
Building Shell
Four Flex Classrom Spaces
Storage Closets
Contingency $202,859.00
HARD COSTS TOTAL $8,200,000.00 $0.00
$8,200,000.00 $0.00
Date Paid:
W9 Submitted 94-6000361
GSD - CAPITAL IMPROVEMENT:
ARPA Fund #: 20250 to Fund #: 37004 (CIP Fund Balance) Account #: 1010804000 (Operating Transfer Fund) Amount Funded: $5.3M AND $2.9M City of Lodi Account #
Funding Available from FY 2022-2023
* Any unused funds used for the approved project will be returned to San Joaquin County. * Allow 15 Business Days for Payments to be Ready
Estimated Access Center Project Projected Completion Date: December 31, 2024 Estimated Access Center Project Projected Completion Date Phase 5 & Phase 6:
PROJECT DESCRIPTION
The $5.3 Million will be used to complete the rehabilitation of the existing industrial warehouse and priority site improvements. The $5.3 million will provide a fully functioning Access Center that has the capacity to house and provide wraparound resources up to 2022 Point in Time Count (208). The $5.3 million will be used to complete Phase 1 to Phase 4 of the project. The $2.9 will be used to complete Phase 5 and Phase 6 of the project, which includes the development of the learning and job readiness training center, and the exterior shade structure.
Project Name: Lodi Access Center & Emergency Shelter
Phase 1 to Phase 4: $5.3 Million
Phase 5 & 6: $2.9 Million
Estimated Access Center Project Projected Completion Date Phase 1 to Phase 4:
July 1, 2023
October 1, 2023
December 31, 2024
December 31, 2024
Title:
Title:
Date:
Date:
Bank/Financial Institution Name
Deposit of Funds must be completed with 48 hours of pickup of check.
Account #
Request for Funds Approved By: San Joaquin County Board of Supervisors Recipient Signature:
Assessor Parcel Number: 041-180-09; 041-190-42 and 041-190-41
TOTAL COSTS
Hard Costs:
Soft Costs:
Building Costs
Current
Fund Request
* All invoices, supporting payment/purchases, copy of the Title/Deed, fee's and other items associated with the property acquisition will supplied to the General Services Department for reconciliation.
* Depending on how funds are distributed (one payment - multiple payments etc.) will dictate when and how often supporting documents will be required and how often reconciliation will be performed.
SAN JOAQUIN COUNTY
REQUEST FOR FUNDING
Recipient Address: 221 West Pine Street, Lodi, CA 95240 / Mailing Address: P.O. Box 3006 Lodi, CA 95241-1910 Estimated Access Center and Emergency Shelter Project Projected Start-Date: January 2023 BOARD LETTER#: 9884 AGENDA DATE: 12/13/2022
Recipient Organization Name: City of Lodi
Contact Name: John R. Della Monica, Jr. Community Development Director & Jennifer Rhyne, Neighborhood Services Manager
ADOPTED UNANIMOUS - BL 9884
TOTAL AMOUNT REQUESTED PHASE 1 TO PHASE 4: $5.3 MILLION REQUESTED PROJECT AMOUNT PHASE 5 & PHASE 6: $2.9 MILLION
HOMELESS INITIATIVES
TOTAL AMOUNT APPROVED: $8,200,000
Approved
Amount
Name: City of Lodi - Access Center and Emergency Shelter Location: 710 N Sacramento Street, Lodi, CA 95240 *Italicized and highlighted gray is Board of Supervisor Request for funding Budget (1)
American Rescue
Plan Act (City)
San Joaquin
County HHAP Round 2 (City) City EU
LEAP
(City)
PLHA
(City)
City CDBG-EN
(FY 2023-2024)
Estimated
Expenditures
Unfunded (2)
San Joaquin
County
(Request to BOS)
Community Engagement
Informational and Testimonial Video 20,000$
20,000$ -$
Community Meeting Space Rental/Security 500$
500$
-$
Survey Monkey Annual Subscription - Community Survey 1,500$ 1,500$
-$
Sample Graphics 7,500$
7,500$
-$
Spanish Translation of Materials/Mailed Flyers 19,500$
19,500$ -$
Subtotal 49,000$
-$
-$
-$
-$
49,000$ -$
-$
-$
-$
Pre-Development Costs -$
Environmental Assessments 2,000$
2,000$
-$
Property Acquisition (includes two line items below) 2,105,000$ 105,000$ 2,000,000$ -$
Property Cost -$
Transaction Fees -$
Project Graphics/Schematic Design 70,000$
70,000$ -$
Subtotal 2,177,000$ 105,000$
2,000,000$ -$
-$
72,000$ -$
-$
-$
-$
800,000$ 800,000$
-$
Subtotal 800,000$ -$
800,000$
-$
-$
-$
-$
-$
-$
-$
8,050,000$ 4,439,133$
414,042$
125,000$ 4,000$
300,000$ (2,767,825)$ 2,767,825$
Design Development -$
Construction Documents -$
Fees and Permits -$
Utility Infrastructure -$
Roof (repair/replacement/addition) -$
Site-improvements -$
Foundation -$
Electrical -$
Plumbing -$
Drywall -$
Insulation -$
Exterior Fascia -$
Interior Finishing -$
Furniture. Fixtures, Equipment (FFE) 695,892$ (695,892)$ 695,892$ Subtotal 8,745,892$ 4,439,133$
-$
414,042$
125,000$ 4,000$ -$
300,000$ (3,463,716)$ 3,463,716$
230,400$ (230,400)$ 230,400$
Removing existing surface -$
Sub base preparation -$
Paving -$
P
ainting lines -$
Subtotal 230,400$ -$
-$
-$
-$
-$
-$
-$
(230,400)$ 230,400$
225,600$ (225,600)$ 225,600$
Trees/Bushes/Plants -$
Sod and Irrigation -$
Subtotal 225,600$ -$
-$
-$
-$
-$
-$
-$
(225,600)$ 225,600$
Contingency (15%) 1,380,284$ (1,380,284)$ 1,380,284$ TOTAL (3)
13,608,175$ 4,544,133$ 2,800,000$ 414,042$ 125,000$ 125,000$ -$ 300,000$ (5,300,000)$ 5,300,000$ Footnotes: 5,300,000$
1. All numbers are estimates pending completion of bid process for construction.
2. The City will have a phased build approach to ensure any unfunded portion is in a later phase and will continue to apply for grant resources as they become available.
3. Current estimates will be evaluated every 6 months for escalation review
4. The City will continue to look for grant and other funding opportunities for any future potential funding gaps based on changes to budget estimates as they are evaluated throughout the project Access Center and Emergency Shelter Budget Estimate Phase 1 to 4 Allocated Activity Cost per Funding Available
Tasks and Phases
PHASE1:
Street Frontage, Fencing, and Sound Wall
PHASE 2:
Project Development Costs (Estimated based on $350 a sq.ft. x 23,000 sq.ft.) Total Request to San Joaquin County BOS
PHASE 3:
Parking Lot (Estimated based on $30 a sq.ft. x 7,680 sq.ft.) PHASE 4:
Remaining Landscaping (Estimated based on $15 a sq.ft. x 10,240 sq.ft. and $30 a sq.ft. x 2,400 sq.ft.)
EXHIBIT J
Name: City of Lodi - Access Center and Emergency Shelter Location: 710 N Sacramento Street, Lodi, CA 95240 *Italicized are potential funding opportunities but no awards or allocated funds have occurred at this time Budget (1)
McNerney -
Community Funding
Grant (TBD) (2)
HHAP Future
Rounds (TBD)
Community
Fundraising (TBD)
CDBG-EN
Future Program
Years (TBD)
Estimated
Expenditures
Unfunded (4)
1,065,000$ (1,065,000)$
Concrete Pads -$
Shade Structures -$
Planter Boxes -$
Soft Scape -$
Dog Wash -$
Lockable kennels and or storage space -$
Contingency (15%) 159,750$ (159,750)$
Subtotal 1,224,750$ -$ -$ -$ -$ (1,224,750)$ 1,350,000$ (1,350,000)$
Three to Four flex classrooms and one general storage room -$ Furniture. Fixtures, Equipment (FFE) 120,000$ (120,000)$ Contingency (15%) 202,500$ (202,500)$
Subtotal 1,672,500$ -$ -$ -$ -$ (1,672,500)$ TOTAL (3)
2,897,250$ -$ -$ -$ -$ (2,897,250)$ Footnotes:
1. All numbers are estimates pending completion of bid process for construction.
2. The City has applied for the McNerney Community Funding Grant opportunity, but at this time it is not guaranteed, it passed the House of Representatives and has moved onto the Senate as of the last update received.
3. Current estimates will be evaluated every 6 months for escalation review
4. Unfunded future phases the City anticipates applying for future grant resources and community fundraising to complete Budget
American Rescue
Plan Act (City) City-CDD PLHA (City)
Estimated
Expenditures
Unfunded
Project Coordination/Management (City Staff Time) 250,000$ 250,000$ -$ Temp Emergency Shelter Operational Costs (Inner City Action/The Salvation Army) (18 months) 1,606,009$ 1,606,009$ -$ Permanent Access Center Operational Cost (12 Months) 2,000,000$ 1,599,420$ 400,580$ -$ Neighborhood Safety (2.5 Years) 700,000$ 700,000$ -$ Total 4,556,009$ 1,599,420$ 950,000$ 2,006,589$ -$ Access Center Administration and Operating Budget (2.5 Years) Activities
PHASE 5:
Shade Structures and Courtyard
PHASE 6:
Learning Center/Job Readiness Training (Estimated based on $450 a sq.ft. x 3,000 sq.ft.) Future Tasks and Phases
Access Center and Emergency Shelter Budget Estimate Phase 5 & 6 Allocated Activity Cost per Funding Available
Project Title: #172
Section I: Description District Nos: Citywide Project Length Priority High Section II: Estimated Project Costs
Expenditure Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
Contracts -$ 9,238,225$ 8,730,328$ 17,968,553$ -$ -$
-$ -$
-$ -$
-$ -$
Total Capital Costs -$ 9,238,225$ 8,730,328$ -$ -$ -$ -$ -$ 17,968,553$ Section III: Funding Sources/Methods of Financing
Funding Source(s) Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
104 - American Rescue Plan -$ 5,738,225$ 405,328$ 6,143,553$ 355 - Community Grants -$ 2,800,000$ 8,325,000$ 11,125,000$ 431 - Capital Outlay/General Fund -$ 700,000$ 700,000$ -$ -$
Total Project Financing -$ 9,238,225$ 8,730,328$ -$ -$ -$ -$ -$ 17,968,553$ Capital Improvement Plan
FY 2022-2023
The American Rescue Plan Act of 2021 was signed into law on March 11, 2021. The Act provides $65.1 billion to the approximately 19,000 units of state, local and tribal governments nationwide using a block grant formula with Lodi receiving approx. $15.7 million.
Additional Information
On April 7, 2021 Council feedback was to support $5.5 million towards the development of a Navigation Center and a resolution was adopted at the April 21, 2021 Council Meeting. On April 7, 2021 City Council accepted the award of Permanent Local Housing Allocation (PLHA) funding. On July 13, 2021 $2.8 million was approved by the County Board of Supervisors from the San Joaquin County capital-outlay fund in support of the Access Center and on December 13,2022 an additional $8.2 million was awarded.
Justification/factor driving project
The City of Lodi Community Development Department recognizes that effectively responding to the COVID-19 Pandemic requires a combination of strategies at the local level including housing our unsheltered population. The Navigation Center concept now renamed the Lodi Access Center would allow for the City to meet our current point in time count (139). This project would be implemented in phases after the community engagement process was initiated.
Phase 1: Acquisition (due diligence, appraisal, environmental, etc.), Emergency Setup with commercial grade tent structures for sleeping, food distribution, and congregate areas. Mobile hygiene facilities such as showers, restrooms, and laundry would also be provided. Tent structures would be usable for any future emergency or disaster relief needs.
Phase 2 (Interior): Complete administrative offices, interview rooms, medical/veterinary rooms, congregate sleeping area, storage, dinning facility, kitchen, showers, restrooms, and laundry.
Phase 3 (Exterior): Tiny Cabins (Non-Congregate), walkways, green space, dog run, parking lot, outdoor restroom, and outdoor charging station.
Access Center ARPA-22001Munis Project Code:
RESOLUTION NO. 2023-__
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING FUNDS FROM SAN JOAQUIN COUNTY; APPROPRIATING FUNDS TO THE LODI ACCESS CENTER PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING
========================================================================
WHEREAS, on November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020 San Joaquin Strategic Plan (Strategic Plan) ; and
WHEREAS, on May 5, 2021, City Council approved the appropriation of $5,500,000 of ARPA funds to the development of the Navigation Center, now known as the Access Center; and on September 15, 2021, City Council accepted $2,800,000 from San Joaquin County for development of the Access Center Emergency Shelter; and
WHEREAS, on October 6, 2021, City Council approved the purchase and development of the Lodi Access Center located at 710 North Sacramento Street in Lodi ; and on July 22, 2022, the temporary Access Center opened for operations at the Sacramento Street site; and
WHEREAS, on December 13, 2022, the San Joaquin C ounty Board of Supervisors voted 5-0 to continue to support Lodi’s efforts by awarding an additional $8,200,000 to complete the Lodi Access Center Project, which includes the onsite Training Center.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept funds from San Joaquin County in the amount of $8,200,000; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $8,200,000 to the Lodi Access Center Project to Revenue Account 35500000.56005 and Expenditures Account 35599000.77020; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Memorandum of Understanding; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: June 07, 2023
========================================================================
I hereby certi fy that Resolution No. 2023-__ was passed and adopted by the Ci ty Council of the City of Lodi in a regular meeting held June 07, 2023 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-_____
AGENDA ITEM C-22
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Waiving the Formal Bid Process and Authorize the City Manager to Execute a Lease, Regulatory, and Operator Agreement with Inner City Action, Inc., a California Nonprofit Corporation, for the Harmony Homes Project in an Amount Not to Exceed $80,000 for a Term of Five Years with an Option to Extend Five Years
MEETING DATE: June 07, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution waiving the formal bid process and authorize the City Manager to execute a lease, regulatory, and operator agreement with Inner City Action, Inc. , a California nonprofit corporation, for the Harmony Homes project, in an amount not to exceed $ 80,000 for a term of five years with an option to extend five years.
BACKGROUND INFORMATION: The City’s Harmony Homes project includes four units of permanent supportive housing for individuals and families experiencing homelessness in the Lodi community.
This supportive housing helps unsheltered individuals/families move into long -term, affordable housing where they can continue their progress toward stable and independent living.
Housing Authority of San Joaquin (HACSJ) supplies housing choice vouchers to tenants. Volunteer supportive housing services will be available for tenants, and all tenants sign lease agreements that include appropriate maintenance of each unit as a condition of tenancy.
Currently Sacramento Self-Help Housing is the operator of Harmony Homes. However, on April 21, 2023, the City received written notification of their intent to dissolve and cease services no later than June 30, 2023. Due to the exigent circumstances, City Staff had to quickly identify a new operator to maintain continuity of operations for the residents. Each potential operator was informed:
• City would retain the asset
• A minimum of $50,000 reserve would be available for large maintenance items. All terms of the reserve account are outlined in the attached draft agreement. This reserve account will be funded through the San Joaquin County Continuum of Care (CoC) awarded HHAP Round 2 Grant per section 4 (B) of the HHAP Round 2 Subrecipient Agreeme nt for operating reserves (Exhibit D of the ICA Agreement).
• Operations including staffing, case management, regular maintenance, and landscaping would have to fully be covered by the HACSJ tenant-based housing choice vouchers and a portion of the rent paid by tenants. (Currently $1,164 per unit, $4,656 total) • Current tenants would remain in the property
ICA Harmony Homes Agreement
June 07, 2023
• Future tenants would have to be determined eligible by HACSJ for tenant Housing Choice Vouchers
• Operator would have to abide by the Grant Agreements in regards to referrals and pursuant to Welfare and Institution Code Section 8255(b) (Core Components of Housing First).
After meeting with several local social service providers and understanding the program models of some of our service providers, Staff reco gnized that the required program model needed for Harmony Homes may not be an appropriate fit for some organizations based on the referral requirements and/or not transferring the asset.
At this point Inner City Action, Inc. (ICA) expressed their interest in taking on the project under the parameters outlined by the City and can provide the needed wraparound services and eligibility determinations. ICA has become a respected provider in the City of Lodi over the past year as they began operations of the City’s temporary Access Center and Emergency Shelter. From July 22, 2022 to March 15, 2023, the temporary Access Center has seen great successes as outlined below:
• 39 individuals transitioned to programs
• 19 individuals transitioned to The Salvation Army
• 17 individuals gained employment
• 11 individuals gained housing
• 5 individuals reconnected with family
• 28 individuals have connected with Behavioral Health Services • 3 individuals continued their education
Based on the evaluation of ICA’s capacity, experience, and demonstrated success within the Lodi community, Staff recommends the City Council adopt a resolution waiving the formal bid process and authorize the City Manager to execute a lease, regulatory, and operator agreement with Inner City Action, Inc., a California nonprofit corporation for the Harmony Homes project, in an amount not to exceed $80,000 for a term of five years and an option to extend five years.
FISCAL IMPACT: The costs for this agreement will be funded from the San Joaquin County CoC awarded Homeless, Housing Assistance, and
Prevention (HHAP) Grant. There is no impact to City General Fund at this time.
FUNDING AVAILABLE: HHAP Grant 35599000.77020, revenue and appropriations are already included in the Community Development Department Budget.
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
1. ICA Lease, Regulatory, and Operator Agreement
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RECORDING REQUESTED BY, )
MAIL TAX STATEMENTS TO )
AND WHEN RECORDED MAIL TO: )
)
City of Lodi )
Attn: Stephen Schwabauer, Lodi City Manager )
P.O. Box 3006 )
Lodi, CA 95241-1910 )
)
Exempt from recording fee (Govt. Code § 6103 and § 27383) Space above this line reserved for use by Recorder’s Office
LEASE, REGULATORY, AND OPERATOR AGREEMENT
301 EAST LODI AVE, LODI, CA 95240 (“HARMONY HOMES”)
This Lease, Regulatory, and Operator Agreement (“Agreement”) is made as of , 2023, by and between the City of Lodi, a California general law city and municipal corporation (“City”), and INNER CITY ACTION, INC., a California nonprofit corporation (“Lessee”). The City and Lessee may each be referred to herein as “Party” and collectively as “Parties.”
RECITALS
(A) Lessee proposes to maintain one (1) Permanent Supportive Housing project which the City has called Harmony Homes (the “Project”). The Project site is located at 301 East Lodi Ave in Lodi, California, and identified as San Joaquin County Assessor’s Parcel Number 043-067-16 and includes four (4) residential units (as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Property”).
(B) The Parties intend that the Property shall be used only as permanent supportive housing for Homeless persons and households and each unit will be occupied by a maximum of three inhabitants, including at minimum one (1) adult Homeless resident or such other number of Homeless residents as may be permitted by the Zoning Code in effect at the time.
(C) The Project shall serve as a community resource by providing decent, safe, and sanitary permanent housing for Extremely Low-Income Households, as defined below, who would otherwise be unable to obtain such housing. The City has agreed to provide Lessee with this 5 Year Lease Agreement to operate the Project with an opportunity to extend an additional 5 Years.
(D) The Project shall receive tenant referrals from Inner City Action, Inc. and other social services providers in the City of Lodi as availability arises including but not limited to The Salvation Army, Lodi House, Women’s Center Youth and Family Services. Lessee will utilize the Housing Aut hority of the County of San Joaquin (“HACSJ”) Transitional Housing Assistance Advancement Inter-Agency Referral Form, which is attached hereto and incorporated herein by this reference as Exhibit “B,” to submit qualified candidates to HACSJ for eligibility determination. Upon determination of eligibility, HACSJ will then award the candidate a tenant based Housing Choice Voucher. The Lessee will need to sign a Housing Assistance Payment agreement for eac h resident with HACSJ to initiate rental payments.
(E) As further consideration for the lease of the Property and to further the public interests of the City in seeing the Project maintained as Permanent Supportive Housing, Lessee and City have agreed to enter into and record this Agreement. The purpose of this Agreement is to regulate and restrict the occupancy, rents, operation, and management of the Property for the benefit of Project occupants and the people of the -2-
City of Lodi. The covenants in this Agre ement shall run with the land and be binding on City and Lessee and successors to the Property for the full term of this Agreement.
AGREEMENT
NOW, THEREFORE, Lessee and the City hereby agree as follows:
1. Recitals.
The foregoing Recitals are true and correct and incorporated into this Agreement.
2. Definitions.
The following terms have the meanings set forth in this section wherever used in this Agreement or attached exhibits.
(A) City means the City of Lodi, California, a municipal corporation, and includes a person or persons authorized to act on its behalf.
(B) City Manager means the City of Lodi City Manager or his or her designee.
(C) Event of Default means a breach of or default in a party’s obligations under this Agreement, and any other instrument which is incorporated hereto.
An Event of Default includes, without limitation, the following:
i. City or Lessee discovers that the other party has made any misrepresentations or has intentionally withheld any fact in entering this Agreement, the knowledge of which could have affected its decision to enter this Agreement.
ii. Lessee or City defaults or breaches any of the terms of this Agreement.
iii. Lessee fails to perform any covenant, term, or condition in any instrument creating a lien upon the Property.
iv. The sale, conveyance, or encumbrance of the Property, or any attempt to achieve these items by Lessee.
v. The occurrence of any of the following:
a. Lessee becoming insolvent or bankrupt or being unable or admitting, in writing, Lessee’s inability to pay debts as they mature or making a general assignment of or entering into any restructure payment arrangement with creditors that burdens the Property.
b. Proceedings for the appointment of a receiver, trustee, or liquidator of the assets of Lessee or a substantial part of such assets, being authorized or instituted by or against Lessee.
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c. Proceedings under any bankruptcy, reorganization, readjustment of debt, insolvency, dissolution, liquidation, or other similar law of any jurisdiction being authorized or instituted against Lessee.
(D) Extremely Low -Income Household(s) means household(s) earning s equal to or less than thirty percent (30%) of the area median income, adjusted for household size, as released by and occasionally updated by the US Department of Housing and Urban Development for the metropolitan area including the City.
(E) Homeless or Homeless Person(s) means an individual or household who lacks a fixed, regular, and adequate nighttime residence, meaning the individual or household (a) has a primary nighttime residence that is a public or private place not meant for human habitation, (b) is living in a publicly or privately operated shelter designated to provide temporary living arrangements, or (c) is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. “Homeless or Homeless Person(s)” may also include an individual or household who will imminently lose their primary nighttime residence, provided that: (a) residence will be lost within 14 days of the date of application for assistance, (b) no subsequent residence has been identified, and (c) the individual or household lacks the resources or support networks needed to obtain other permanent housing.
(F) Resident Assistant (R.A) means a Tenant at this Property that has been selected to provide support for and oversight of the Property in exchange for a discounted rent.
(G) Lessee means the lessee of the Property, which is defined above as INNER CITY ACTION, INC.
(H) Operating Expenses means the following costs, fees, and expenses reasonably and actually incurred by Lessee or Lessee’s Management Agent for the operation and maintenance of the Project to the extent that they are consistent with an annual independent audit performed by a certified public accountant using generally accepted accounting principles consistently applied; property taxes and assessments or payments in lieu thereof; direct payroll expenses and payroll taxes; premiums for property damage and liability insurance; utility service costs not paid for directly or indirectly by Tenants; maintenance, repairs, grounds, and turnover costs; costs associated with accounting; legal fees of Lessee incurred in the ordinary course of business; Lessee’s reasonable capital and operating reserves; rent to Lessee; expenses for security services; expenses for fire alarm monitoring; and costs and expenses associated with the provision of property management and social services to the Tenants.
(I) Permanent Supportive Housing means housing with no limit on length of stay, that is occupied by Qualifying Households, and that is linked to an onsite or offsite services that assist the Tenant(s) in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
(J) Program Income means Revenue reduced by (a) Operating Expenses, and (b) cash deposits into a reserve for capital replacements in the Project and/or an operating reserve
(K) Project means the development and operation of the Property for Permanent Supportive Housing use according to the terms of this Agreement and referenced as the Harmony Homes project.
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(L) Property means the real property described in the attached Exhibit A, and any residential units, buildings or improvements now or hereafter situated on such real property.
(M) Qualifying Household means an individual or household meeting all of the following:
i. The definition of Homeless or Homeless Person(s);
ii. The definition of Extremely Low-Income Household(s); and
iii. A person or household whose current or last permanent residence was within the City limits, or who can provide verification satisfactory to Lessee that within the period 45 days prior to filing an application for housing, the person of household stayed within the City limits at least 23 of the 45 nights previous to the filing of an application for housing (or, in the event of a person or house hold exiting an institution, at least 23 of the 45 nights prior to entering the institution).
(N) Qualifying Rent means the maximum amount charged to and paid by a Tenant for the occupancy of the Project, which on a monthly (1/12 year) basis shall not exceed 30 percent (30%) of the average household income for the metropolitan area that includes the City as determined by the US Department of Housing and Urban Development. No utility allowances are permitted; utilities (defined as electricity, gas, water, sewe r, and trash service) shall be included in the base rent and it is the responsibility of Lessee or Lessee’s Management Agent to pay all utilities. However, if Housing Choice Vouchers (Section 8) payments are not available for any or all of the residential units in the Project, City agrees to negotiate necessary modifications to this definition or take other appropriate action to ensure the financial viability of the Project.
(O) Revenue means with respect to any period all revenue, income, receipts, and other consideration from any source including the City actually received from or in support of operation and leasing of the Project. Revenue shall include, but not be limited to: all rents, fees, and charges paid by Tenants; Housing Choice Voucher (Section 8) payments and other rental subsidy payments received; grants; initial operating subsidy grant received fr om the City; deposits forfeited by Tenants; the proceeds of casualty insurance not used for rebuilding (provided however, expenditure of such proceeds for repair or restoration of the Project shall be included within Operating Expenses in the year of the expenditure); condemnation awards for a taking of part or all of the Property or the Project for a temporary period; and the fair market value of any goods or services provided to Lessee in consideration for the leasing or other use of any part of the Project. Revenue shall include any interest on replacement reserves and other reserves, and release of funds from replacement reserves and other reserve accounts to Borrower other than for costs associated with the Project.
Revenue shall not include Tenants' security deposits, capital contributions or similar advances, or amounts released from reserves for costs associated with the Project.
(P) Tenant means a Qualifying Household receiving residency and services in the Project.
3. Acknowledgment of Grant Funding.
The City utilized Homeless Emergency Aid Program (“HEAP”) and Homeless, Housing Assistance, and Prevention (“HHAP”) grant funds to complete the construction of the Project. The HHAP program will also fund the reserve account as noted in Section 5 subsection (I) below. -5-
(A) The State of California has established the HEAP under Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code (the “Law”). The HHAP was established under Assembly Bill 101 (Chapter 159, Statutes of 2019) and, signed into law by Governor Gavin Newsom on July 31, 2019.
(B) The HEAP Program provides one -time flexible bl ock grant funds to address immediate homelessness challenges by Continuums of Care and Large Cities as defined in the Law. HHAP is a one -time block grant program designed to support the regional coordination and expansion of development to increase local j urisdictions' capacity to address immediate homeless challenges throughout the State.
(C) HEAP and HHAP are administered by the California Homeless Coordinated and Financing Council (the “Council”) in the Business, Consumer Services and Housing Agency (“State”). (D) San Joaquin County (“County”) applied for and received HEAP and HHAP grant funds from the State, and the County is the recognized Administrative Entity as provided for by HEAP and HHAP Programs and defined in the September 5, 2018, HEAP Notice of Fundin g Availability (“NOFA”) and the December 6, 2019 HHAP NOFA. (E) City submitted an application for HEAP funding from the County in December 2018 (“Application”) pursuant to the September 5, 2018 HEAP NOFA. (F) City has been awarded $1,250,000 in HEAP funds from the County pursuant to a Subrecipient Agreement between the City and the County, signed by the County on April 1, 2019, attached hereto as Exhibit C to this Agreement (“ 2019 Subrecipient Agreement”) and incorporated herein.
(G) City submitted an application for HHAP funding from the County in September 2020 pursuant to the December 6, 2019 HHAP NOFA.
(H) City has been awarded $400,000 in HHAP from the County pursuant to a Subrecipient Agreement between the City and the County, signed by the County on November 4, 2 021, attached as Exhibit D to this Agreement (“2021 Subrecipient Agreement”) and incorporated herein. The 2019 Subrecipient Agreement and 2021 Subrecipient Agreement shall be referred to collectively herein as the “Subrecipient Agreements.” (I) City has also a greed to provide funding (“Reserve”) to Lessee for certain maintenance and other budget obligations approved by City and Lessee’s Board as described in Section 5 subsection (I) below.
4. Representations.
The City has utilized Federal funding to acquire and rehabilitate the Property including the purchase of the residential units. This Agreement is a substantial part of the consideration to City for making the Property available to Lessee for the purpose of operating a Permanent Supportive Housing program. The funds for the Project are from public funding sources administered by the City and their use is subject to certain requirements, some of which are embodied in this Agreement. Therefore, the Property is conditioned upon Lessee’s agreement, for itself and its successors and assigns, to comply with all provisions of this Agreement.
Lessee has had full opportunity to make itself independently familiar with such limitations and restrictions, and Lessee unconditionally accepts them and agrees to comply fully with them.
5. Lessee’s and City’s Obligations.
(A) PAYMENT OF LEASE RENT . Lessee shall pay rent to the City in the amount of one -dollar ($1.00) for rent of the Property for the full term of this Agreement.
(B) TERM OF AGREEMENT. This Agreement shall commence upon execution and shall remain in full force and effect until five (5) years from the recordation date of this Agreement. The -6-
obligations in this Agreement shall remain effective and fully binding on Lessee, and its successors, assigns and heirs, and any subsequent Lessee of the Property, for this full term, unless terminated earlier by the City in a recorded writing or extended by mutual consent of the Parties.
(C) ACTIVITIES. Lessee shall perform all activities set forth in the Management Plan incorporated herein and attached hereto as Exhibit “E” (individually “Activity” and collectively “Activities”), in a manner satisfactory to City and consistent with the terms and conditions of this Agreement.
(D) RENT VOUCHERS. Lessee shall use the tenant based Housing Choice vouchers provided by the Housing Authority of San Joaquin as described in Recital D unless alternate subsidies are approved by City or the definitions of Qualifying Household and Qualifying Rent are modified; eligibility and approval for the Housing Choice vouchers or approved alternate subsidies or compliance with said modified definitions shall be a prerequisite eligibility requirement for occupancy.
(E) PERFORMANCE MONITORING . (i) City will monitor the performance of Lessee on the Project according all applicable federal, state and/or local requirements, the Subrecipient Agreements, the Management Plan and this Agreement. Lessee shall permit City and/or State or any other government reviewing body to inspect any work performed under this Agreement to ensure the work is performed in accordance with all applicable federal, state, and/or local requirements, and the Subrecipient Agreement s. Lessee shall correct all substandard performance within ten (10) calendar days of receiving written notice from City.
City shall withhold any remaining payments under this Agreement until such noticed substandard performance has been corrected. If Lessee does not take corrective action for any substandard performance within ten (10) calendar days after notif ication by City, the substandard performance will constitute a default under this Agreement and City may initiate suspension or termination procedures as set forth below. (ii) City shall correct any substandard performance or noncompliance with its obligations under this Agreement within ten (10) calendar days of receiving written notice from Lessee. Lessee may suspend any obligations related to the substandard performance or noncompliance under this Agreement until such not iced substandard performance has been corrected. If City does not take corrective action for any substandard performance within ten (10) calendar days after notification by Lessee, the substandard performance or noncompliance will constitute a default unde r this Agreement and Lessee may initiate suspension or termination procedures as set forth below.
(F) COMPLIANCE WITH LAW. City and Lessee and all of their personnel, employees, agents, and subcontractors (if approved by City and State) shall comply with all applicable legal requirements, including all federal, state, and local laws, rules and regulations (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.
These shall include, but are not limited to, those laws that pertain to construction, procurement, housing and building codes, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all matters applicable and/or related to the HEAP Program, PLHA Program, Lessee, and all eligible activities under the HEAP and PLHA Programs. City shall be responsible for compliance with all legal requirements related to its development of the Property and Project prior to Lessee taking possession.
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(G) COMPLIANCE WITH HEAP AND HHAP PROGRAM LAW AND SUBRECIPIENT AGREEMENT(S).
Lessee and all of its personnel, employees, agents, and subcontractors shall comply with all applicable legal requirements of the HEAP and HHAP Programs, including the Law, NOFA, any guidelines issued by the State, and the terms and conditions of the Subrecipient Agreements adjusted to meet the time frames set forth in this Agreement, including without limitation, the Drug -Free Workplace Certification provisions in Section 11 of Exhibit D of the Subrecipient Agreement and the Child Support Compliance Act provisions in Section 12 of Exhibit D of the Subrecipient Agreements.
(H) MAINTENANCE OF IMPROVEMENTS. At all times during the term of this Agreement, Lessee shall, at its cost and expense , maintain the Property and all tenant improvements in good order and repair and in a safe and habitable condition, including , but not limited to, the housing units, common areas, landscaping, and other appurtenances. City shall be responsible, at its cost and expense, for correcting any defects on the Property or in the residential units which occurred prior to possession by Lessee. The City shall monitor Lessee’s performance of these obligations as provided in this Section.
(I) CITY CONTRIBUTION TO OPERATIONS AND MAINTENANCE FUNDING . City shall provide $52,800 as original source one-time funding (“Reserve”) for Lessee’s operational deficit or major maintenance and repairs as eligible per 24 CFR § 578.55 that are not covered by required insurance ( as described in Exhibit “F” attached ) or Lessee under its routine maintenance and repair obligations set forth in Section 5, subsection (H) or revenue as set forth above. This reserve is funded by the Homeless Housing Assistance, and Prevention (HHAP) grant awarded by San Joaquin County outlined in Exhibit D. The City at its discretion, may add additional funding to the reserve account, dependent on any remaining HHAP grant funds at the completion of the Harmony Homes project. Lessee may call on the Reserve for operational deficits or repairs covered by this paragraph at any time with City approval .
Lessee will need to submit in writing to City and describing the need for us e of the Reserve funds and any requested supporting documentation. Any operational deficits, must be well documented and submitted to the City in advance of making a request as rental receipts are primary operating revenue. Lessee cannot assume that additional funds will be provided by the City to the Lessee for the purpose of operations and maintenance of the Project under this A greement but is not precluded from requesting additional funding from City in the event of unforeseen expenses or lack of availability of Housing Choice vouchers.
(J) INTERIOR FURNISHINGS. City shall initially acquire interior furnishings and basic Property maintenance equipment for the Project. Lessee shall be responsible for any maintenance or replacement of the furnishings and equipment after initially provided by the City.
Some of the items to be purchased by the City for each unit include but are not limited to:
i. Bedroom - (1) Full bed mattress, and frame, (2) nightstands, (1) area rug, closet clothes hangers;
ii. Kitchen - dining table with (3) chairs; and
iii. Living Room - (1) double Futon sofa, (1) coffee table, (1) television console, (1) 32” television, (1) area rug, and window shades
(K) MISCELLANEOUS COSTS. Lessee shall be responsible for all regular janitorial and cleaning expenses associated with the maintenance of the Project.
(L) DEFAULT AND TERMINATION. Lessee shall be in default of its obligations under this -8-
Agreement if Lessee fails to comply with any term of this Agreement.
(M) NOTICE AND CURE; RIGHT TO CONTEST. City shall give Lessee written notice of the default (with reasonable specificity) and demand the default to be cured within ten (10) calendar days of the notice. If Lessee fails to cure the default within ten (10) calendar days of the notice, City may, at it s discretion, take a ny or all actions identified in Section (N ), below.
Lessee shall have the right to contest in good faith any claim, demand, levy, or assessment the asserti on of which would constitute a d efault hereunder. Any such contest shall be prosecuted diligently.
(N) REMEDIES FOR DEFAULT. If Lessee is in default of this Agreement, as defined in this Section, City, as applicable, may take any or all of the following actions: (i) require the immediate return of any unexpended reserve funds disbursed under this Agreement; and (ii) terminate this Agreement upon ten (10) calendar days written notice and require return of any unexpended reserve funds within twenty (20) calendar days of such notice of termination and return of the Property back to the City.
i. Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice any other remedy provided herein. City may exercise from time to time any rights and remedies available to it under applicable law, in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement or in any other instrument or notice, demand or legal process of any kind. No termination or action by City after termination shall prejudice any other rights or remedies of City provided by law or by this Agreem ent upon such termination; and City may proceed against Lessee to recover all losses suffered by City.
6. Project Occupancy and Tenant Rents.
(A) OCCUPANCY OF PROJECT . Unless otherwise approved by City and authorized by an amendment to this Agreement or the City’s prior approval of an amendment to the Management Plan, Lessee shall limit for the full term of this Agree ment the rental of the Project units to Qualifying Households. Lessee may impose additional requirements on eligibility of applicants, provided such requirements are included in the Management Plan, approved by the City in advance of application, and compliant with applicable federal, state, and local laws. The qualifications of Tenants shall be certified by Lessee prior to initial occupancy in conformance with the Management Plan and regulations of the Housing Choice Vouchers, as these rules may be amended from time to time.
The Project shall be leased, managed, and operated as permanent supportive rental housing, comprised of complete facilities for living, sleeping, eating, cooking, and sanitation for a maximum of twelve (12) Homeless Persons living in a maximum of four (4) Qualifying Households, of which will include one (1) House Leader, or such other number of Homeless Persons as may be permitted by the Zoning Code in effect at the time. At all times, the Property shall incl ude sleeping areas equivalent to the number of Qualifying Households, bathing and sanitation facilities, and cooking facilities equipped with a cooking range, refrigerator, and sink. The Project shall never be used as hotel, dormitory, fraternity house, sorority house, rooming house, hospital, nursing home, sanitarium, rest home, trailer park or court, or any other use that would violate federal, state, or local laws and/or ordinances.
(B) PROJECT RENT. Unless otherwise approved by City and authorized by a written amendment -9-
to this Agreement or the City’s prior written approval of an amendment to the Management Plan, rents for the Project shall be limited to the Qualifying Rent.
(C) PAYMENT OF PROGRAM INCOME. All Program Income shall be reported to the City annually, along with a final financial report showing all Revenue received and Operating Expenses incurred in the applicable fiscal year. This may be reported as part of Lessee’s annual audit.
Excess Program Income will be retained by Lessee for the purpose of building a reserve for this Project.
(D) LEAD-BASED PAINT AND ASBESTOS. Lessee and its contractors and subcontractors shall not use lead-based paint or asbestos in the maintenance of the Property. Lessee shall insert this provision in all contracts and subcontracts for work performed on the Project which involves the application of paint or potentially asbestos-containing materials.
(E) CONFLICTS OF INTEREST. In its operation of the Property, Lessee shall comply with all state and federal conflict of in terest laws, including without limitation, the Political Reform Act (California Government Code Sections 8100 et seq.), Government Code Section 1090, and Public Contract Code Sections 10410 and 10411. No employee, agent, consultant, officer, elected official, appointed official, or member of the governing body of Lessee who exercises or has exercised any functions or responsibilities with respect to the Activities funded through the HEAP and PLHA Grants, or who are in a position to participate in a decisi on making process or gain inside information with regard to the Activities, may obtain a personal or financial interest or benefit from any Activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereu nder, either for themselves or those whom they have family or business ties, during their tenure or for one (1) year thereafter. Lessee must comply with all provisions of Section 10 of Exhibit C and D of the Subrecipient Agreements. This Agreement may be declared void and other legal action may be taken if Lessee does not comply with all applicable State and local conflict of interest laws.
(F) NONDISCRIMINATION. In its operation of the Project, and except as otherwise required by the City in this Agreement, Lessee shall not discriminate or segregate in the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of Project on the basis of race, color, ancestry, national origin, religion, sex, sexual preference, age, marital status, family status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions, or any other arbitrary basis or status prohibited by federal or state law. Lessee shall include a statement in all advertisements, notices, and signs for the availability of the Project for rent to the effect that Lessee is an Equal Housing Opportunity Provider, as that term is defined by State and Federal law.
Further, in its operation of the Project, Lessee shall not cause and shall not permit discrimination on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the lease or rental or in the use or occupancy of the Property. Lessee covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub -lessees, or vendees in the Property except as otherwise required by City in this Agreement . This covenant against discrimination shall continue for the term of this Agreement and any -10-
extensions thereof.
(G) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY ACT. Lessee shall assure compliance with the obligations imposed by the federal Personal Responsibility and Work Opportunity Act (Public Law 104-193, commonly known as the Welfare Reform Act), which restrict s the City funding of federal benefits to persons who are not citizens or qualified aliens as defined in such act.
(H) OPERATION AND MANAGEMENT OF PROJECT. Lessee and each of Lessee’s officers, agents, and/or employees shall diligently operate and manage the Project after completion in substantial conformance with the covenants contained in this Agreement, which shall run with the land and bind all successors-in-interest to the Property, and with the terms of the Management Plan as defined below.
1. Management Entity. City and Lessee agree that Lessee shall manage the Property upon start of possession.
2. Management Plan. Lessee shall submit a Management Plan for the marketing and manag ement of the Property for review and approval by the City, a copy of the first submitted Management Plan (attached hereto as Exhibit “E”) and incorporated herein by this reference (“Management Plan”). The Management Plan shall address how the Property will be managed, and shall include, but not be limited to, provisions set forth in the Management Responsibilities section below. The City shall annually review the Management Plan , and if deemed necessary, Lessee shall update it as requested.
3. Management Responsibilities . The Lessee shall perform and provide the following:
a) A major maintenance schedule, prepared by Lessee, which specifies maintenance work to be performed on a periodic basis during the term of this Agreement . The annual schedule must be submitted to the City by March 31 of each calendar year.
b) Establishment of a capital reserve account identifying the manner in which the maintenance schedule described in item 3. (a) above, and projected replacement activities and major re pairs will be funded from monthly project income and other sources. Establishment of an operating reserve account to cover costs of unanticipated expenses for general maintenance and operation of the Project. The schedule for prior year deposits and withdrawals from the replacement and operating reserve accounts shall be submitted to the City by March 31 of each calendar year.
c) Annual inspections of the Project to ensure continued compliance with state and local housing codes. Results of the inspections must be documented in a report, and copies may be requested by the City. The City may also independently schedule property inspections, without limitation, upon five days’ advance written notice by City to Lessee.
d) Annual reporting to the City regarding co mpliance with the deferred maintenance schedule and the results, findings, and any corrective measures taken or to be undertaken arising from the annual inspections of units.
e) Lessee shall also annually report to City the information set forth in the Subrecipient Agreements (Exhibits C & D) regarding the Activities. Upon review of documentation and -11-
record-keeping, the City may request and Lessee shall provide additional information to meet State reporting requirements for HEAP and HHAP.
f) Audited annual financial statements prepared by a certified public accountant, approved in advance, in writing, by City, which reflect the status of the reserve account for maintenance and replacement activities and of any reserve account for operating expenses. Copies of audited annual financial statements must be provided to the City within ninety (90) calendar days of the fiscal year-end date.
g) Audits, Access, and Inspection.
i.Audits. If required by the State or requested by the City, Lessee shall provide, at Lessee’s own expense, a financial audit prepared by an independent certified public accountant. Lessee shall notify City of the auditor’s name and address immediately following selection of the auditor. The contract for the a udit must allow access by City and the State to the independent auditor’s working papers and findings. Lessee is responsible for completion of all audits and costs of preparation of the audits. If there are audit findings, Lessee must submit a detailed re sponse acceptable to City and the State for each audit finding within 60 calendar days from date of the audit finding report.
ii.Access to Documents and Accounting Records. Lessee agrees that the City, the State, or any of their duly authorized representative s, shall have access to all Lessee’s documents and records related to the Activities and the HEAP and HHAP Grants for the purpose of making audits, examinations, excerpts, copies, and
transcriptions, to ascertain compliance with the provisions of this Agreement, the Subrecipient Agreement s, and the HEAP and HHAP Programs. Lessee’s records shall be made available within a seven (7) calendar days after request, during normal business hours.
iii.Access. In order to permit City to inspect the progress of the Activ ities, Lessee shall, at all times, provide to the City (including agencies and entities designated by City) proper and safe access to all locations where Lessee performs Activities.
iv.Employee Interviews. City shall have the right to interview Lessee’s employees, upon reasonable notice and during normal business hours, for the sole purpose of monitoring Lessee’s performance of the Activities and compliance with the HEAP and HHAP Programs, this Agreement, and the Subrecipient Agreements.
h) A plan for certifying the eligibility of each Qualifying Household, including annual verification of income and measures to take in the event the maximum income is exceeded.
i) A tenant selection process that includes, but is not limited to, the following:
i. Lessee shall notify Local Referral Agencies in writing of pending vacancies at the Project at its earliest opportunity when operator has exhausted their waitlist , shall receive tenant referrals from Local Referral Agencies, and shall prioritize these tenant referrals -12-
over referrals from other sources. Local Referrals Agencies are the Salvation Army, Lodi House, and Women’s Center Youth and Family Services, and others as may be approved in writing by the City.
ii. Review of the following criteria:
a. Verification that the applicant meets the definition a Qualifying Household;
b. Verification of the applicant’s income and assets;
c. History of drug and/or alcohol abuse;
d. History of criminal and/or drug -related offenses,
including but not limited to: assault, battery, abuse, and destructive or violent behavior;
e. Proof of legal residency or citizenship as required by the
PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
ACT of 1996 (P.L. 104-193);
f. Proof of eligibility for Housing Choice vouchers;
g. Compliance with any other federal eligibility
requirements identified in the Management Plan; and
h. Any other requirements or restrictions identified in the Management Plan.
iii. Prospective tenants are required to fill out a Project application form and a Housing Choice Voucher application form , verify income/employment, attend a private interview with Lessee or a selected property management firm, and agree to abide by property management and Housing Choice Voucher rules for Property.
iv. Selected tena nts must be processed through and approved by the Housing Authority for the Housing Choice Voucher prior to being given a Project rental agreement (“Rental Agreement” ) including rules for the Property and requirements to occupy the Property.
v. Rental agreem ents with tenants must provide that non- compliance with the Project rental agreement and the Housing Choice Voucher rental agreement may be deemed an event of default on the Project rental agreement and grounds for eviction.
j) Provide to the City and keep on file the following information:
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i. The duties of the Resident Assistant or Lessee or Management Agent regarding operation of the Property;
ii. A sample Project rental agreement form; and
iii. Plan for handling terminations with cause, including providing tenant with due process (notice and opportunity to be heard) by a court prior to eviction.
Lessee shall be specifically responsible, subject to its obligations herein, for all management functions with respect to the Property, including, without limitation, th e selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. Except as otherwise provided herein, the City shall have no responsibility over management of the Property.
Notwithstanding the foregoing, Lessee shall comply with all federal, state, and local laws and any provision stated herein shall be waived or modified if in conflict with applicable law.
(B) MAINTENANCE. Lessee shall, at its own expense, maintain the Property in good condition, in good repair, and in a safe, sanitary, and habitable, living condition for the benefit of the Project’s occupants. Lessee shall not commit or permit any waste on or to the Property and shall prevent and/or rectify any physical deterioration of the Property. Lessee shall maintain the Property in conformance with all applicable state, federal, and local laws, ordinances, codes, and regulations, this Agreement and the five.
In the event the Lessee fails to maintain the Property in accordance with these standards and after ten (10) calendar days written notice to Lessee, the City or its agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in City’s reasonable discretion, and provide for payment thereof. Any amount advanced by City to make such repairs, together with interest thereon at the legal rate (u nless payment of such an interest rate would be contrary to applicable law, in which case interest shall accrue at the rate then allowed by applicable law), shall become an additional obligation of Lessee to City.
Nothing contained in this Section shall b e interpreted to place any restriction or limitation on the City’s right to take such actions as it deems necessary or proper to protect the health and safety of the public in the proper exercise of the City’s authority under federal, state, and local laws.
(C) UNIT VACANCIES . Lessee shall use its best efforts to fill vacancies in the Project with Qualifying Households as quickly as possible. If the Lessee is unable to fill vacancies within a reasonable period of time due to a lack of Qualifying Households, Lessee shall contact City to request an exception to one or more of the standards for determining a Qualifying Household. The City shall retain sole discretion over any exception to standards noted herein.
(D) INSPECTION AND RECORDS . Lessee shall maintain records which clearly document Lessee’s performance of its obligations to operate the Property under the Management Plan and this Agreement. Lessee shall submit any records to the City within ten (10) business days of City’s request.
Lessee shall permit City to enter and inspect the Property for compliance with obligations under this Agreement upon five (5) days advance written notice of such visit by City to Lessee or Lessee’s property manager and to tenants of any inspected Project units, subject to the provisions of the Rental Agreement regarding inspection and entry rights, a copy of which Lessee must provide to City upon request.
Further, at the written request of the City, Lessee shall, within a reasonable time following receipt of such -14-
request, furnish reports and shall give specific answers to questions upon which information is desired from time to time relative to the income, assets, liabilities, contracts, operations, and condition of the Property.
(E) AUDIT AND INSPECTION. The Property and all related equipment, buildings, plans, offices, books, contracts, records, documents and other related papers shall at all times be maintained in reasonable condition for audit and shall be subject to examination by the City or its agents. The books and accounts of the operations of the Project and of the Property shall be kept in accordance with generally accepted accounting principles.
(F) ANNUAL REPORT. Lessee shall submit an annual report to City, which shall include, at a minimum, the initial and current rental rates and the income and household size of the occupants at the time such occupants initially take occupancy or at the time of their last annual income recertification, whichever is later. The income information required under this report shall be supplied by the Tenant in a certified statement in compliance with all applicable rules and regulations of the U.S. Department of Housing and Urban Development. City may require reasonable additional information to be included in the annual report.
(G) INSURANCE COVERAGE. Lessee throughout the duration of this Agreement, shall maintain insurance naming Lessee (including its agents, representatives, permitted subcontractors, employees, elected and appointed officials, and volunteers) in connection with the Activities under this Agreement, of the types and in the coverage amounts set forth in Exhibit “F” attached to this Agreement, and incorporated herein by reference , entitled “Insurance Requirements .” Exhibit F to this Agreement identifies the minimum insurance levels with which Lessee shall comply; however, the minimum insurance levels shall not relieve Lessee of any other performance responsibilities under this Agreement (including the indemnity requirements), and Lessee may carry, at its own expense, any additional insurance it deems necessary or prudent to cover potential liability and to ensure that the rental units are repaired or replaced if they are damaged or destroyed as required in subsection (K) below . Concurrently with the execution of this Agreement by Lessee, and prior to the commencement of any occupancies or services, Lessee shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to City. Lessee shall provide substitute written proof of insurance no later than thirty (30) calendar days prior to the expiration date of any insurance policy required by this Agreement.
(H) REPORTING CLAIMS . Lessee shall notify City immediately of any claim or action undertaken by or against Lessee, which affects or may affect the Property or this Agreement, the Subrecipient Agreements, City or the State, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement, the Subrecipient Agreements and the interests of City and the State.
(I) INDEMNIFICATION. Lessee shall indemnify, defend, and hold harmless City (including its directors, officers, elected and appointed officials, employees, agents, and volunteers) from and against any and all claims (including all litigation, demands, damages, liabilities, attorneys’ fees, costs, and expenses) resulting or arisin g out of the performance or nonperformance of its obligations under this Agreement by Lessee (including its directors, officers, elected and appointed officials, agents, and employees), except only for those claims arising from the willful misconduct or so le negligence of City, its directors, officers, elected and appointed officials, employees, agents, or volunteers or matters related to acts or omissions by City prior to possession of the Property by Lessee. Lessee’s indemnification shall include any and all costs, expenses, court costs, attorneys’ fees, and liability incurred by City in enforcing the provisions of this Section, and in defending against such claims, whether the same proceed to judgment -15-
or not. Lessee shall reimburse City for any expenditures City incurs by reason of this provision.
(J) PROPERTY DAMAGE OR DESTRUCTION . If any part of the Property is damaged or destroyed, Lessee shall, at its own cost and expense, repair or restore the Property consistent with the original condition of the Project when Lessee took possession, normal wear and tear excepted. Such work shall be commenced within thirty (30) calendar days, or up to one hundred eighty (180) calendar days with written approval of City, after the damage or loss occurs and shall be completed within three hundred sixty (360) calendar days thereafter. All insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration and, if insurance proceeds are insufficient for such purpose, Lessee shall make up the deficiency.
(K) PROPERTY IMPROVEMENTS. Lessee shall not cause and shall not permit expansion, reconstruction, or demolition of any part of the improvements on the Property without prior written approval of City, which shall not be unreasonably denied.
(L) ASSIGNMENT, TRANSFER OR ENCUMBRANCE OF LEASE. Lessee shall not assign this Agreement, transfer or encumber the Property, in whole or in part, without the prior written consent of the City and the approval of the Lodi City Council in the form of a resolution. Requests to transfer or encumber the Property shall be considered for approval only if the following conditions are satisfied:
1. The receipt by the City of evidence acceptable to the City that:
a) the Lessee shall not be in default hereunder or the transferee undertakes to cure any defaults of the Lessee to the reasonable satisfaction of the City; b) the continued operation of the Project shall comply with the provisions of the Management Plan and this Agreement;
c) either ( i) the transferee or its property manager has at least three (3) years’ experience in the operation and management of similar housing projects, and at least five (5) years’ experience in the operation and management of Permanent Supportive Housing projects containing below-market-rate units, without any record of material violations of discrimination restrictions or other state or federal laws or regulations or local government requirements applicable to such projects, or ( ii) the transferee agrees to retain a property management firm with the experience and record described in subclause (a) above, or (iii) the transferring Lessee or its management company will continue to manage the Project, or another management company reasonably acceptable to the City will manage, for at least one (1) year following such transfer and, if the capacity to do so exists, during such period the transferring Lessee or its management company will provide training to the transferee and its manager in the responsibilities relating to the Project; and
d) the person or entity that is to acquire operation of the Project does not have pending litigation against it, and does not have a history of significant and material building code violations or complaints concerning th e maintenance, upkeep, operation, and Agreement compliance of any of its projects as identified by any local, state or federal regulatory agencies.
2. The execution by the transferee of any document reasonably requested by the City to evidence the assumption of the Lessee’s obligations under this Agreement.
Lessee shall not transfer or encumber any of the Property or permit the conveyance, transfer, or encumbrance of the Property unless such assignee, transfere e or encumbrancer has agreed, in writing and in a form suitable for recordation, to be bound by the terms of this Agreement and the then existing Management Plan.
(M) DEFAULT AND REMEDIES. In the event of any breach or violation of this Agreement, City or Lessee, as applicable, shall give written notice to Lessee or City, as applicable, by specifying: (a) the nature -16-
of the breach or violation, (b) the action required to cure the breach or violation, if an action to cure is possible, and (c) a date, which shall not be less than ten (10) calendar days from the mailing of the notice, by which such action to cure must be taken, if an action to cure is possible. If Lessee or City, as applicable, fails to cure the breach or violation within the timeframe specified in the notice, or if a cure is not possible, City or Lessee may proceed with any of the following applicable remedies:
1. Bring an action for equitable relief seeking the specific performance by Lessee or City, as applicable, of the terms and conditions , and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief;
2. Enter upon, take possession of, and manage the Property, either in person, by agent, or by a receiver appointed by a court, and collect any rents, income, deposits, or reserves and apply them to operate the Property, and continue in possession until such time as City determines that Lessee is in a position to operate the Property in compliance with this Agreement;
3. After notice provided for herein, make such repairs or replacements to the Property as are necessary and provide for payment thereof;
4. For violations of Lessee’s obligations with respect to occupancy restrictions, Project maintenance, and unit vacancies, there shall be two notices with cure period provided. Should the violation(s) remain, there shall be imposed, as liquidated damages, a charge upon Lessee in an amount of five hundred dollars ($5000) for each month the Project is not operated in compliance with this Agreement, commencing after the expiration of any thirty-day notice and cure period. The parties to this Agreement expressly agree that this charge of five hundred dollars ($500) per month is reasonable under the circumstances existing at the time of this Agreement was entered into and represents a reasonable attempt by the Parties to estimate the damaged to be suffered by the City in the event of Lessee’s breach; these damages include, but are not limited to, the City’s loss of use of funds that were granted to Lessee pursuant to this Agreement, and that could have been used to support other projects but for City’s commitment to fund the Project. This provision will remain in full force and effect even if the Parties fail to expressly initial where indicated below.
Initials: Lessee _____ , City .
(Failure to initial does not invalidate this provision.)
5. For violations of Lessee’s obligations with respect to Project rents, there shall be imposed as liquidated damages, a charge upon Lessee in an amount equal to three (3) times the actual amount Lessee has collected from any Qualifying Household in excess of the Qualifying Rent; or
6. Pursue any other remedy allowed at law or in equity.
The Parties agree that the sums and formulas designated herein as liquidated damages represent a reasonable approximation of the damages City is likely to suffer from violations of the respective terms.
Lessee agrees to pay in full any accrued liquidated damages to City within ten (10) business days of a written demand by City for such payment.
(N) NON-LIABILITY OF OFFICIALS, EMPLOYEES, AND AGENTS. No member, official, director, elected or appointed official, employee, or agent of City shall be personally liable to Lessee or third party beneficiaries for any obligation created under the terms of the Management Plan or this Agreement.
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(O) GOVERNING LAW. This Agreement shall be interpreted under and governed by the laws of the State of California, except for those provisions preempted by federal law. However, the laws of the State of California shall not be applied to the extent that they would require or allow the court to use the laws of another state or jurisdiction. Lessee agrees that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state and federal courts located in the State of California, except that City, in its sole discretion, may elect that all such actions or proceedings be tried and litigated in the County of San Joaquin or the United States District Court for the Eastern District of California, Sacramento Division.
(P) ATTORNEYS’ FEES AND COSTS. In the event that a legal or administrative action is brought to interpret or enforce the terms of this Agreement or the Management Plan, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
(Q) TIME. Time is of the essence in this Agreement.
(R) CONSENTS AND APPROVALS. Any consent or approval required under the Agreement shall not be unreasonably withheld.
(S) CHANGES WITHOUT CONSENT OF TENANTS, LESSEES, OR OTHERS . Only City and its successors and assigns, and Lessee shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants or restrictions contained in this Agreement without the consent of any easement holder, licensee, other mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property.
(T) NOTICES, DEMANDS, AND COMMUNICATIONS. Formal notices, demands, and communications between Lessee and City shall be given by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the principal offices of Lessee and City as follows, or if any such office is relocated, to the new address specified by the relocated party:
CITY: ATTN: City Manager
City of Lodi
P.O. Box 3006
Lodi, CA 95241
WITH A COPY TO: ATTN: City Attorney
City of Lodi
P.O. Box 3006
Lodi, CA 95241
LESSEE: ATTN: Frank Saldana
Inner City Action, Inc.
1800 N. Wilson Way
Stockton, CA 95205
If the recipient refuses or rejects delivery, notice is deemed complete as of the date on which the Notice is so refused or rejected, as conclusively established by the records of t he United States Postal Service or such express courier service.
(U) BINDING UPON SUCCESSORS. All provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors-in-interest, transferees, and assigns -18-
of Lessee and City, and shall run with the land for the full term of this Agreement, regardless of any conveyance or transfer of the Property. Any successor-in-interest to Lessee and any purchaser or transferee of the Property shall be subject to all of the duties and obligations imposed on Lessee under this Agreement for the full term of this Agreement. The term “ Lessee” as used in this Agreement shall include all such assigns, successors-in-interest, and transferees of Lessee.
(V) RELATIONSHIP OF PARTIES. The relationship of Lessee and City for this Project during the term of this Agreement shall not be construed as a joint venture, equity venture, or partnership. City neither undertakes nor assumes any responsibility or duty to Lessee or to any third party with respect to the operation of the Property or the actions of Lessee except with regard to any City act or omission related to the Property or the residential units that occurred prior to transfer of possession of the Property to Lessee. Except as City may specify in writing, Lessee shall have no authority to act as an agent of City or to bind City to any obligation.
(W) WAIVER. Any waiver by City or Lessee of any obligation in this Agreement must be in writing. No waiver will be implied from any delay or failure by City or Lessee to take action on any breach or default of Lessee or City or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Lessee or City to perform any obligation under this Agree ment shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City or Lessee to any act or omission by the other party shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for City’s or Lessee’s written consent to future waivers.
(X) OTHER AGREEMENTS. Lessee represents that it has not entered into any agreements that would restrict or compromise its ability to comply with the terms of this Agreement or the Management Plan. Lessee shall not enter into any agreements that are inconsistent with the terms of this Agreement without a written waiver by City, which shall not be unreasonably withheld.
(Y) AMENDMENTS AND MODIFICATIONS . Any amendments or modifications to this Agreement must be in writing, and shall be effective only if executed by both Lessee and City.
(Z) SEVERABILITY. Every provision of this Agreement is intended to be severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
(AA) CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the Subrecipient Agreement s, which are expressly incorporated into this Agreement, the terms and conditions of the applicable Subrecipient Agreement shall control, except that the time frames in this Agreement shall prevail over the time fram es set forth in the Subrecipient Agreements.
(BB) ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the services described herein. This Agree ment supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
SPECIAL PROVISIONS
(CC) AGREEMENT AND ACKNOWLEDGEMENT OF AGREEMENT. City and Lessee acknowledge and agree that this Agreement has been negotiated at arm’s length, that each party has been represented -19-
by independent counsel and/or has had an opportunity to consult with and be represented by independent counsel, that this Agreement is deemed to be drafted by both parties, that no one party shall be construed as the drafter of this Agreement, and that any rule of construction that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction of this Agreement.
(DD) AUTHORITY. The person(s) signing this Agreement hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of their respective party and to legally bind such party to the performance of its obligations hereunder.
[Remainder of Page Intentionally Left Blank]
-21-
-22-
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
Property: 301 East Lodi Avenue, Lodi, California 95240
The land referred to is situated in the County of San Joaquin, City of Lodi, State of California, and is described as follows:
Lots 7 and 8 of Block 37 of “CITY OF LODI” (formerly Mokelumne) as delineated on that Map filed in Volume 2 of Maps and Plats, Page 12, San Joaquin County Records lying northerly of the North line of Lodi Avenue.
Pursuant to a "Lot Line Adjustment" recorded on November 13, 2006, in Official Records Document No. 2006- 238310.
APN: 043-067-16
EXHIBIT B
HACSJ TRANSITIONAL HOUSING ASSISTANCE ADVANCEMENT INTER-AGENCY REFERRAL FORM
[Remainder of Page Intentionally Left Blank]
Transitional Housing Assistance Advancement Inter-Agency Referral Form Referral Guidelines
1. To refer a potential participant to the Housing Choice Voucher Program, please complete this form and return it to the Housing Authority of the County of San Joaquin . As the referring agency, your signature validates that the referred family has demonstrated acceptable levels of housing, income, and personal stability a
nd no longer require transitional housing coupled with support services.
2. Referrals will only be accepted by an approved local service provider who oversees or provides transitional housing services; a government agency who works with homeless persons; or other sup
portive shelter services, or agencies participating in a Supportive Housing Program, Shelter Plus Care, or Eme
rgency Solutions Grant Program.
3. All referred families must meet the Housing Authority of the County of San Joaquin’s minimum eligibility guidelin
es.
4. The Housing Authority of the County of San Joaquin will only accept referrals from agencies within San Joa
quin County.
5. Initial housing assistance will be provided in San Joaquin County.
Referring Agency Information
Agency Name: Date:
Employee Name: Address:
Email: Telephone:
Signature:
Referral Information
Applicant Name: D.O.B.:
Last First M.I.
Soc Sec #: Sex: Phone:
Co-Head /
Spouse Only: D.O.B.:
Last First M.I.
Soc Sec #: Sex: Phone:
Annual Income: Number of Family Member(s):
Email:
Mailing Address:
State City Zip
Category: Transitioning out of institutional or other segregated settings At serious risk of i nstitutionalization
Homeless
At risk of being homeless
For Housing Authority Use Only
Date
Received:
Date Entered in
System:
Date Referral was
Emailed Registration:
EXHIBIT B
2575 Grand Canal Blvd. | Stockton, CA 95207
(209) 460‐5000 | TDD 711 or 1‐800‐855‐7100
Applicant Name:
HOUSING QUESTIONAIRE FORM
Please read this form carefully and answer the following questions:
1. Are you a Veteran? Are you a current member of the military, veteran, or surviving spouse of a veteran? Provide proof of honorable discharge; if discharge is less than honorable, provide proof of eligibility to receive veteran’s benefits.
☐ Yes (please provide proof) ☐ No
2. Do you live in San Joaquin County? Do you live, work or have been hired to work within San Joaquin County?
☐ Yes (please provide proof) ☐ No
3. Are you, your spouse, or other family member disabled? Are you or a family member a person who has a physical, mental, or emotional impairment that is expected to be of long- continued and indefinite duration; substantially impedes his or her ability to live independently; and is of such a nature that ability to live independently could be improved by more suitable housing conditions, as defined in Section 223 of the Social Security Act, OR a developmental disability as defined in section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(7)). ☐ Yes (please provide proof) ☐ No
4. Have you been displaced by government action through no fault of your own? If you have had to move due to governmental action, such as the request of a city. Involuntary displacement means you have been displaced (moved) from your residence and are not living in standard, permanent replacement housing. The Request to move cannot be because of eviction or due to your actions. ☐ Yes (please provide proof) ☐ No
Note: If you answered “Yes” to any of these questions, you are required to provide written proof for each “Yes” you indicated.
5. Please list your last two (2) known addresses:
____________________________ ___________________ ___________________ Address City, State Zip Code Owner Contact #
____________________________ ___________________ ___________________ Address City, State Zip Code Owner Contact #
I hereby certify that the above information is true and correct.
___________________________ __________________
Applicant Signature Date
EXHIBIT C
2019 HEAP SUBRECIPIENT AGREEMENT
[Remainder of Page Intentionally Left Blank]
SAN JOAQUIN
- C OUN T Y-
G r 11'nes~ yrow /1 . r e.
Office of the County Administrator
Monica Nino, County Administrator
Jerry Becker, Assistant County Administrator
April 1, 2019
MEMORANDUM
TO: Stephen Schwabauer, Authorized Representative
FROM: Adam Cheshire, Program Administrator - Homeless Initiatives SUBJECT: Homeless Emergency Aid Program Sub-Recipient Agreement Enclosed you will find the agreement including all attachments executing your project using Homeless Emergency Aid Program funds as allocated by the San Joaquin Continuum of Care. Please review each section carefully, then sign, date and/or initial where indicated.
Please scan the signed, dated and initialed agreement and send to me at:
[email protected]
Please also return the original with wet signatures to me at:
County Administration Building
44 North San Joaquin Street
Sixth Floor, Suite 640
Stockton , CA 95202
ATTN: Adam Cheshire
You may begin using funds immediately following the execution of this agreement. Prior to using funds , please contact Chris Becerra at cbece rra@s jgov.org or (209) 468-3157.
Should you have any other questions or need assistance, please do not hesitate to contact me.
T'hank you,
Adam Cheshire
Program Administrator - Homeles s Initiatives
San Joaquin County
44 N. San Joaquin Street, Suite 640 I Stockton , California 95202 I T 209 468 3203 I F 209 468 2875
EXHIBIT C
SUBRECIPIENT AGREEMENT FOR SAN JOAQUIN CONTINUUM OF CARE CA-511 HOMELESS EMERGENCY AID PROGRAM (HEAP) FUNDING FOR FY 2019~2020 THIS AGREEMENT entered into, by and between San Joaquin County , a political subdivision of the State of California , hereinafter referred to as " COUNTY " and The City of Lodi, hereinafter referred to as "SUBRECIPlENT''. Collect ively "COUNTY" and "SUBRECTP IENT" are the "Part ies." The term of this Agreement is the date of the EFFECTIVE DATB through and including October 31, 2021 .
The COUNTY is hereby awarding SUBRECIPlENT an amount not to exceed: $1,250,000 (the FUNDS) as applied for by SUBRECIPIENT in its San Joaquin Continuum of Care CA-511 Homeless Emergency A id Program Application (SUBRECIPIENT'S APPUCATlON) submitted to COUNTY on November 16, 2018 , which is hereby made part of this Agreement.
SUBRECIPIENT shall expend 100 percent of the FUNDS pursuant to this Agreement prior to June 30, 2021. Any of the FUNDS not expended by SUBRECl.PIENT by that date shall be returned to the COUNTY for reversion to the State pursuant to Health and Safety Code Section 50215.
The Parties agree to comply with the terms and condition s of the fo l lowing Exhib its, wh ich are hereby made part of this Agreement:
EXl-IlBIT A: Authority, Purpose , and Scope of Work
EXHIBIT 8: Budget Detail and Payment Provisions
EXHIBIT C: Terms and Conditions
EXHLBIT D: Specia l Terms and Condi.tfons
Tota l number of pages attached: ~
The effective date of this Agreement shal l be the date the last of the Parties signs this Agreemelit (the EFFECTIVE DATE).
IN WlTNESS WHEREOF, this Agreement bas been executed by the Parties hereto, SUBRECIPIENT's NAME:
Date ~
BY,(~
SAN JOAQUJN COUNTY:
Date Signed: April l, 2019
BY: (Authorized signature)
Adam Cheshire - Program Administrator - Homeless lnitiatives ATTEST:
~~ID~ E NIFER.FERRAIOLO
City Clerk
SUBRECIPJENT AGREEMENT
EXHIBIT A
AUTHORITY, PURJ>OSE, AND SCOPE OF WORK
The Parties to the Subrecipient Agreement for San Joaquin Continuum of Care CA-5 11 Homeless Emergency Aid Program (HEAP) Funding for Fiscal Year 2019-20 (this "Agreement") ~ of which this is Exhibit A.
1. AUTHORITY:
A The State has established HEAP under Chapter 5 (Commencing with Section 50210) of Pait 1 of Division 31 of the Health and Safety Code, and all other relevant provisio ns established under SB 850 (Chapter 48, Statutes of2018).
B. HEAP is administered by the California Homeless Coordina ted and Financing Council (Council) in the Business, Consumer Services and Housing Agency (Agency).
C. The Agency provides one-time flexible block grant funds to Administrative Entities as defined in the September 5, 2018. HEAP Notice of Funding Availability (NOFA).
D. HEAP Objectives are to benefit the emergency needs of homeless individ uals, and aid individuals at imminent risk of homelessness , as defined in Chapter 5 ( conuuencing with Section 50210) of Part l of Division 31 of the Health and Safety Code, and all other relevant prov isions establis hed lUl. SB 850 (Chapter 48, Statutes of 2018).
E. COUNTY applied for and received HEAP grant funds and is the recognized Administrative Entity (AE) as provided for by HEAP and defined in the September 5, 2018, HEAP NOFA. Therefore , the COUNTY will administer and distribute HEAP funds allocated to the COUNTY.
F, Based on SUBRE CIPTENT's APPLICATION COUNTY determined that SUBRECIPIENT is eligible and qualified as a subrecipient for HEAP funds to be spent in a maimer that will meet the HEAP O~jec tives.
G. In entering int.o this Agreement and accepting the FUNDS , SUBRECIPIENT agrees to compl.y with the terms and conditions of this Agreement, the SUBRECIPIENT APPLICATION , the NOFA under which the SUBRECIPIENT applied , and the requirements of HEAP.
2. PURPOSE
The purpo se of this Agreement is to pass tlu·ough 1-IEAP one-time block grant funding awarded to the COUNTY to the SUBRECIPIENT to spend in a manner that is consistent with the HEAP Objectives within San Joaquin County.
3. DEFINITIONS
Terms in this Agreement have the same meaning as the definition s set forth in the HEAP NOFA.
4. DISBURSEMENT
2019-20 ·HEAP SubrecipientAgr eement I of2 EXHIBIT A
SUBRECIPIENT INITIALS ~
COUNTY shall disburse 1-IBAP funds to SUBRECIPIENT in an amount not to exceed $1,250,000 (the "FUNDS ") pmsuant to SVBRECIPIENT AGREE MENT Exhibit D upon submiss ion by SUBREClPJENT of a Subrecip ient Request for Funds Fonu (RFF).
5. SCOPE OF WORK
The Scope of Work for this Agreement includes the SUBREC1PIENT's expending of the FUNDS aft.er disburs ement on one-time uses that are consistent with HEAP, Chapter 5 ( commencing with Section 50210) of Part 1 of Djvision 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapte r 48, Statutes of 2018) as detail ed in the SUBR.ECfPIENT APPLICATION Project Budget , compliant with this Agreement, and to the satisfaction of the COUNTY.
Any use of the FUNDS on housing-related activities including bt:tt not limited to, emergency shelter, rapid-rehousing , rental assistance, transitional housing , and pennanent suppo1tive housing must be in compliance or otherw ise alig,ned with the Core Components of Housing First , pursuant to Welfare and Institution Code Section 8255(b).
6. COUNTY CONTRACT COORDINATOR
COUNTY contract coordinator for this Agreement is the County's Neighborhood Preservation Management Analyst or designee. All notices , reports, or other communication required pmsuant to this Agreement shall be emailed and mailed by first class mail as follows, unless the SUBRECIPIENT is otherwise direoted in writing by the County:
Christine Becerra , Management Analyst ill
1810 E Hazelton Ave, Stockton, CA 95205, Stockton, CA 95202 [email protected]
(209) 468-3157
7. SUBRECIPIENT 's CONTRACT COORDINATOR
SUBREClPlENT's contract coordinator forthi ~ Agreement is identified below. All notices, repo1ts, or other communication required pursuant to this Agreement shall be emailed and mailed by first class mail as follows, unless the COUNTY is otherwise directed in writing by SUBRECIPIENT:
SUBRECJPIENT's Authorized
Representative Nrune:
Address:
Phone:
Email:
20 19-20 HEAP Subrec ipient Agreement 2 of2 EXHIBTTA
SUBRECIPIENT INITIALS~
SUBRECIPIENT AGREEMENT
EXHIBITB
BUDGET DETAIL AND PAYMENT PROVISIONS
The Parties to the Subrecip ient Agreement for San Joaquin Continuum of Care CA-51 1 Homeless Emergency Aid Program (HEAP) Funding for Fisca l Year 20 19-20 (this "Agreement"), of which this is Exhibit B.
l. BUDGET DETAIL:
SUB REC IPIENT agrees that the FUNDS shall be expended on one-time uses that are consistent with HEAP, Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018) as detailed in tbe SUBRECJPIENT APPLICATION Project Budget , compliant with this Agreement, and to the satisfaction of the COUNTY.
2. CONDITIONS PRIOR TO DISBURSEMENT:
Prior to COUNTTs disbursement of the FUNDS , SUBRECIPTEN'f shall submit the folJowing to COUNTY:
A. One completed Requ est for Funds Fo1111 (RFF)
B. Four original copies of the signed SUBRECIPIENT AGREEMENT including initialed Exhibits A-D
C. Any other documents , ce1iification.s, or evidence requested by COUNTY as part of the HEAP applicat ion or this Agreement
3. EXPENDITURE OF FUNDS:
SUBREC IPIENT shall expend lhe FUNDS in compliance with the NOF A, this Agreement, and Chapter 5 of Patt I of Division 31 of the Health and Safety Code and all other relevant provisions estab lished under SB 850, including but not limited to Health and Safety Code Sections 50214 and 50215 which manda te the following:
A. No more than 5 percent of the FUNDS may be used for administrative costs related to the execution of eligible activities.
B. No less than 5 percent of the FUNDS shall be used to estab lish or expand services meeting the needs ofhom.ele ss youth or youth at risk of homelessness.
C. No less than 50 percent of the FUNDS shall be contractua lly obligated by January l , 2020.
D. 100 percent of the FUNDS shall be expended by June 30, 202 1.
E. Any funds not expended by June 30~ 2021, shall be returned to the COUNTY for reversion to the Agency and the General Fund.
The FUNDS may not be obligated and expende d prior to the SUBRECIP IENT's receipt of the FUNDS even if it is for an eligib le use under the statute and this Agreemen t. 2 019-20 HEAP Subrecipient Agreement 1 of2 EXHIBIJ:.§_
SUBRECIPIENT INJTIALS'(XS)
4. DISBURSEMENT:
COUNTY shall disburse the FUNDS to the S UBRECIPIENT upon receipt, rev iew, and approval of a comp lete RFF and subject to conditions of this Agreement by SUBRECIPIE NT. The FUNDS sball be provided in a one-time grant by check to the SUBRECIPIEN T.
5. BUDGET CHANGES :
S UBRECIPIENT shall expend the FUNDS consistent with thi s Agreement with no changes w1less the SUBRECI PIENT first obtains consent from the CoW1ty and tJ1e Patties then lnemorializes the agreed upon change in writing, which shall be made an addendum to this Exhibit.
6. INELIGIBLE COSTS:
SUBRECIP IBNT shall not use the FUNDS for costs associated w itJ1 activ ities in vio lation of any law or for any activiti es or uses that are not consistent HEAP, includ ing but not limi ted to Health and Safety Code Section 502 14, for costs not authorized by this Agreement, or for costs not suffic iently docum ented (INELIGIBL E COSTS).
The COUNTY may request additionaJ information , evidence, and clarificatio n to determine the reasonableness and eligibility of all costs paid with the FUNDS. If SUBRECIPIENT uses the FUNDS for INELIGIBLE COSTS then SUBRECIPIENT shall be required to reimburse the COUNTY the amount of the TNELIGIBLE COSTS within 30 days of the COUNTY's discovery of the expenditure.
The COUNTY, at its sole and reasona ble discretion, shall make the final determination regarding whether SUB RECIPIENT ' s use of FUNDS is allowable or constitutes INEL IGIBL E COSTS.
Program funds shall not be used for overhead or planning activities, including Homeless Man agement Information Syste ms or Home lessness Plan s, and, therefore use of the FUNDS on such items constitutes INELIGIB LE COSTS .
The County may deem SUBREC lPIENT's use of the fUNDS on an activity not described in Exhib it A or this section as authorized if the activ ities are consis tent with Health and Safety Code Section 50214 and such activities are included in the COUNTY approved RFF or are approved in writing by the COUNTY prior to the expenditur e of FUNDS for that use.
7. ADMINISTRATIVE COSTS:
SUBRECTPIENT sha ll use no more than 5 percent of the FUNDS on adm inistrat ive costs related to the execut ion of eligible activities pursuant to Health and Safety Code Sectio n 502 14.
For purposes of this Agreement and HEAP , ''administrative costs" does not includ e staff cos ts directl y related to carrying out the eligible activities descr ibed in this Agreeme nt and, spec ifically, paragraph 1 of this Exhibit.
2019-20 HEAP Subrecipie ntA greement 2of2 EXHIBI~
SUBRECIPIENT INITIALS ~
SUBRECIPfENT AGREEMENT
EXHIBITC
TERMS AND CONDITIONS
The Parties to the Subrecipient Agreement for San Joaquin Continuum of Care CA-511 Homeless Emergency Aid Program (HEAP) Funding for Fiscal Year 2019-20 (this "Agreement '>), of which this is Exhibit C.
1. Commencement of Work and Completion Dates:
A. SUBREC IPIENT shall not commence work nor i11cur or obligate any costs to be paid with the FUNDS prior to receiv ing the FUNDS from COUNTY.
B. SUBRECIPIENT must contractually obligate no less than 50 percent of the FUNDS by January 1, 2020 , and expend 100 percent of the FUNDS by June 30, 2021. Any funds not expended by June 30, 2021 , shall be retmned to COUNTY.
1. "Obligate " means SUBRECIPIENT has placed orders , awarded contracts, received services , or entered similar transactions tJ1at require payment from the FUNDS.
11. "Expended" means all FUNDS obligated under contract or subcontmct have been fully paid and receipted , and no invoices remain outstanding.
C. SUBRECIPIENT shall complete all work by the expiration date specified in this Agreement and shall provide all services within the Scope of Work for the full term of this Agreement.
2. Sufficie ncy of Funds and Termination:
A. This Agreement is valid and enforceable only if sufficient funds are made available to the COUNTY by the Agency and legislative appropriation. In addition , this Agreement is subject to any additional restrictions , limitations or conditions , or statutes , regulations or any other I aws, whether federal or those of the State of California, or of any agency , department, or any political subdivision of the federal or State of California governments , which may affect the prov isions , tenns or funding of this Agreement in any manner.
B. The COUNTY may te1minate this Agreement at any time for cause by giving a minimum of l 4 days ' notice of termination , in writing , to SUBRECIPIENT.
1. "Cause " means:
1. A violations of any terms or conditions of this Agreement , or any breach of contract as described in Paragraph 7 of this Exhibit; or
11. A violation of any Federal or State Laws or Regulations ; or 111. A withdrawal of COUNTY 's expenditure authority .
2019-20 HEAP Subrecipient Agreement 1 of9 EXHIBI~
SUBRECJPIENT fNITIALS~
C. Upon termination of this Agreement for cause, uJtless otherwise approved in writing by the COUNTY , any unex_pended FUNDS shall be returned to the COUNTY within thirty days of a notice of termination.
3. Transfers:
SUBRECIPIENT may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part tl1ereof, except with the prior written approval of the COUNTY and a formal amendment to this Agreement to affect such subcontract or novation.
4. SUBRECIPIENT's A pplica tion for Funds:
The COUNTY is entering into this Agreement on the basis of, and in substantial reliance upon, SUBRECIPIENT'S APPLICATION , including the facts, information , assertions, and representations contained in that applicat ion. and in any subsequent modifications or additions to that Application prior to the EFFECTIVE DATE of this Agreement. SUBRECJPJENT'S APPLICATION is patt of this Agreement.
SUBREC IPIENT wanants that all information, facts, assertions , and representations contained in SUBRECIPIENT 'S APP LICATION and approved modificat ions and additions thereto are true, conect , and complete to ilie best of SUBREC lPIENT' S knowledge.
If any part of the SUBREC1PIBNT'S APPLICAT ION or COUNTY approved modification is determined to be untrue, incorrect , incomplete , or misleading in such a manner that would substantiaJJy affect COUNTY's approval, disbw-sement, or monitoring of the FUNDS or this Agreement , then the COUNTY may declare a breach of this Agreement.
5. Accounting/Reporting/ Audits:
A SUBRECJPIENT shall adhere to standard accounting principles and procedures , utilize adequate internal accounting and security controls , and maintain necessary source documentat ion for all costs .incmTed.
B. SUBRECIPIEN T shall submit Quarter ly Reports, first Quarte.rly Report due 30 days afterreceipt of the FUNDS and quarterly thereafter, an Ammal Repo1t by December 15, 2019, and December 15, 2020, and a Final Rep011 by September 15, 2021, to the COUN TY on fonns provided by the COUNTY.
t. If the SUBRECIPIENT fai ls to provide the required reports then it may constitute a COUNTY may declare of breach of this Agreement.
C. The Quarterly reports and annual rep01ts shall contain a detailed report containing the following:
1. Amount of award with activity(ies).
1t. Contract expend itmes.
2019-20 HEAP Subrecipient Agreement 2 of9 EXHIBIA£.
SUBRECIPIENT INITIALS~
iii. Unduplicated number of home less persons or persons at imm inent risk of homelessness served .
1v. Number of instances of service (defined in September 5, 2018 HEAP NOFA). v. Increases in capacity for new and existing programs. v1. The munber of unsheltered home less persons becoming shelte 11ed. vii. The munber of homeless persons entering permanent housing. (May be reflected using a comp leted Logic Model)
D. Report breakdowns are be expected for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter , rapid re-housing , outreach, etc.) for the supplemental reporting requirements listed above when applicable . The sam e information will also be requested specifically for the following subpopulations , based on priorities defined by the U. S. Department of Housing and Urban Development (HUD):
1. Chronically homeless
11. Homeless veterans
111. Unaccompanied homeless youth
iv. Home less pet:sons in families with children
E. Counts by subpopulation will not be required in cases where that infom1ati011 is unavailable , but it is expected in cases where client informat ion is entered in a Homeless Management System (HMIS). Additional breakdowns for other subgroups (e.g. race, ethnicity, disability stat1.1s, etc.) are optional , if the SUBREC IPIENT chooses to include them.
f,, Reports shall include SUBREC IPIBNT comments on the following:
1. Progress made toward the COUNTY's homelessness goals and Strategic Priori ties.
ii. The alignment between HEAP funding programs and "Housing First" principles adopted by the Homeless Coordinating and Financing Council. 111. Any other effects from HEAP funding that the SUB RECIPIENT would like to share (optiona l).
G. COUNTY may perfo1m or cause to be performed a financial audit of SUB RECIPIENT.
H. COUNTY may demand that SUBRECIPIBNT prov ide, at its o,:vn expense , a financial aud it prepared by a certified public accountant. The adm inistrative p011ion of the FUNDS may be used to fund this expense. If COUNTY demands and audit:
1. SUBRECIPIENT shall notify the COUNTY of the auditor 's name and address immediately after the selection has been made. The contract for the audit shall allow access by COUNTY to the independent auditor 's working papers.
11. SUBRECTPIBNT is responsible for the completion of audits and all costs of preparing audits ,
2019-20 HEAP Subrecipient Agreement 3 of9 EXHIBI~,,
SUBRECIPJENT INITIALS~
m . If there are audit :findings, SUBRECIPIENT must subrnit a detailed response acceptable to the COUNTY for each audit finding within 90 days from the date of the audit finding.
6. Retent ion and Inspection of Rec01·ds:
A. The SUBREC lPIBNT shall maintain all records required by Chapter 5 of Part 1 of Division 31 of the I-lealth and Safety Code and all other app licabl e requirements established -under SB 850, HEAP guidance document published on the website and this Agreement, that are pertinent to the activities to be funded under this Agreement. SUBRECTPIBN T shall retain records including but not be limited to:
1. Records providing a full description of each activity unde1taken;
11. Records demonstrating that each activity undettaken meets one of the Objectives of the HEAP program;
m. Records required to determine the eligibility of activities; and iv. Records required to document the acquisition, improvement., use or disposition of real property acquired or improved with FUNDS
B. SUBRECTPIEN T shal l retain all records described in Paragraph A for a minimum period of 5 years after the termination of this Agreement.
i. If any litigation, claim , negotiation, audit, monitoring , inspection or other action has been conm1enced before the expiration of the required record retention period , all records mt1st be retained 1.mtil completion of the action and resolution of all issues which arise from it.
C. SUBRECIPlENT shall allow the COUNTY or its designee to review, obtain , and copy all records and suppo rtin g documentation pertaining to performance of this Agreement.
SUBREC IPIENT agrees to provide the COUNTY or its designee , wjth any relevant information requested. The SUBREC IPIEN T agrees to permit the COUNTY or it$ designee access to its premises , upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information rdale<..1 tu such records and inspecting and copying such books , records, accow1ts, and other mater ials that may be relevant to a matter under investigation for the purpose of determining comp liance with the Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other applicable requirements establ ished und er SB 850, HEAP program g·uidance document published on the website , and this Agreement.
7. Breach and Remed ies:
A. The following shall each constitute a breach of this Agreement:
1. SUBREC IPIENT' s failure to comply with the terms or conditions of this AgTeement.
11. Use of, or permitting the use of. FUNDS for any INELIGIBLE COSTS. 111. Any failure to comply with the deadlines set forth in this Agreement. 20 19-20 HEAP Subrecipient Agreement 4of9 EXIIlBlTC
SUBRECIPlENT INITIALS~
B. In additio n to any other remedies that m ay be avaiJable to the COUNTY in law or equily for breach of th is Agreement, the COUNTY may:
1. Bar the SUBRECI PIENT from app lying for future HEAP fonds throu gh the COUNTY;
11. Revoke any other existi ng HEAP award (s) to the SUBRECI PrENT~ 111. Require the return of any unexpended FUNDS disbursed und er this Agree ment;
1v. Require repayment of FUNDS disbursed und er this Agreement; v. Require the immediate return to the COUNTY of all fimds derived from the use of FUNDS including, but not limited to, recaptured funds and returned funds;
v1. Seek. in a court of competent jlu·isdicti on, an order for specific performan ce of the defaulted obligation or the appointme nt of a receiver to comp lete the technical assistance in accordance with HEAP requirements; and v11. Seek such other remedies as may be avai lable under this Agreement or any law.
C. All remedies available to the COUNTY are cumula tive and not exclusive.
D. The COUNTY may give wi·itte nnotice to the SUBREC IPTENT to cure the breach or v iolation within a period of not less than 15 days.
8. Waivers:
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subseque nt breach. The failure of the COUNTY to enforce at any time the provisions of this Agreement, or to require at any time, performance by the SUBRECIPIENT of these prov isions, shall in no way be construed to be a waiver of such provisions nor to affect the validit y of this Agreement or the right of the COUN TY to enfor ce these provisions.
9. Nondiscrimination :
A. Durin g the performance of this Agreement, SUBREC IPIENT and its subco ntractors shall not Lmlawfo lly discriminate , harass, or allow harass ment against any employee or applicant for employm ent, or deny medical, family care, or pregnancy disabilily leave , because of sex (gende r), sexual orientation . gender identity, gender expression, race , color, ancestry , relig ion, creed, national origin (:including language use restr iction), pregnancy, physical disability (including HIV and AIDS), mental disability , medical condi tion (cancer/genetic cbaracteris tics), age (over 40), genetic :infonnation, marital stat us, or milita ry and veteran status. SUBREC IPIENT and its subcontractors shall also ensure that the evaluation and treatment of their emp loyees and app licants for employment are free from such discrimination and harassment.
B. SUBREC IPIEN T and its subcontractors shall comp ly with the provisions of the Fair Emp loymen t and Housing Act (Government Code section 12990 (a-f) et seq.) and the 2019-20 HEAP Subrecip ient Agree ment 5 of 9 EXIDBIT C
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applicable regulations promulgated therew1der (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housi.ng Commission implementing Government Code section 12900 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. SUB RECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
10. Conflict of Interest:
The Patties are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosuse provisions, may result in this Agreement being declared void. Other legal action may also be taken. Applicable statutes include , but are not limited to, Government Code section 1090 and Public Contract Code, sections 10410 and l 0411 , for State conflict of interest requirements.
A. Cunent State Employees : No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and whic h is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition ohegular State employment. No State officer or employee shall contract on their own behalf as an independent contractor with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date they left State employment, no former State ofiicer or employee may enter itito a contract in which they engaged in any of the negotiations , transact ions, planning, arrangements, or any part of the decision-making process relevant to the contract whi le employe d in any capacity by any State agency. For the twelve-month period from the date they left the State employment, no former State officer or employee may enter into a contract with any State agency if they were employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to their leaving State service.
C. Employees of the SUBRECIPIENT: Employees of t he SUBRECIPIENT shall comply with all applicable provisions of law pe1taining to conflicts of interest, including but not lilnited to any appl icable conflict of interest provisions of the California Political Reform Act, Government Code section 87100 et seq.
11. Drug-Free Workplace Certific ation :
Certification of Compliance: By signing this Agreement, SUBREClPIENT, and its subcontractors, hereby certify, under penalty ofpe1jury under the laws of State of California, compliance with the requfrements of the Drug-Free Workp lace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees and subcontractors that unlawful manufactur e, distribution, dispensation , possession, or use of a controlled substance is prohibited and 2 019-20 HEAP Subrecipient Agreement 6of9 EXlllBIJ:'.Jx SUBRECIPIENT INITIALS~
specifying actions to be taken against employees , contractors, or subcontractors for violations, as required by Government Code section (8355(a)(l).
B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees , contractors , or subcontractors abou t all of the following:
t. The dangers of drug abuse in the workplace;
11. SUBRECIPIENT 's policy of maintaining a drug-free workplace; m. Any available counseling, rehabilitation , and employee assistance programs; and
1v. Penalties that may be imposed upon employees , contractors, and subcontractors for drug abuse violations.
C. Provide, as required by Government Code section 8355(a)(3) , that every employee and/or subcontractor who works under this Agreement:
1. Will receive a copy of SlJBRECIP IENT' s drug-free policy statement , ,md
2. Will agree to abide by terms of SUBRECIPIENT's condition of employment or subcontract.
12. Child Support Compliance Act:
For any contract or subcontrnct for FUNDS in excess of $100,000, the SUBRECIPIBN T acknowledges in accordance with Public Contract Code 71 10, the following:
A. SUBRECIPlENT recognizes the importance of child and family suppmt obligations and shall fully comply with all applicab le state and federal laws relating to child and family suppo rt enforcement , including , but not limited to, disclosure of infonnation and compliance with earnings assignme nt ordets , as provided in Chapte r 8 ( commencing w ith section 5200) of Part 5 of Division 9 of the Family Code; and B. SUB RECIPIENT , to the best ofits knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
13. Special Conditions - Contractors/Subcontractor:
A. SUBRECIPIENT shall comp ly with all cond itions of this Agreement including the Special Conditio ns set forth in Exhibit D. These condition s shall be met to the satisfaction of the COUNTY prior to disbursement of FUNDS.
B. SUBRECIPIENT shall ensure that all of its subcontractors are made aware of and agree to comply with all the conditions of this Agreern el1t and the applicable State requirements gove rnfog the use of FUNDS. Failur e to comply with these conditions 1nay be deemed a breach of this Agreement.
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C. Any agreement between SUBRECIPIENT and a subcontractor shall require the subcontractor, if any, to:
1. Perform the work in accordance with Federal, State and Local housi11g ahd building codes , as applicable.
11. Maintain at least the minimum State-required worker's compensation for those employees who will petfonn the work or any part of jt_ 111. Maintain, as required by law, unemployment insurance , disabili ty insmance , and liability insurance in an amount that is reasonable to compensate any person, finn or corporation who may be injured or damaged by the SUBRECIPIENT or any crf its subcontractor in pe1fonning the work or any part of it.
,v. Agree to include all the terms of this Agreement in each subcontract.
14. Com pliance with State and Federal Laws, Rules, Guidelines and Regulations:
A. SUBREC lPIENT shall comply with State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection , equal opporturuty , fafr hou sing, and all other matters app licable and/or related to HEAP and all eligible activities .
B. SUBREC IPIEN T shall also be responsibl e for obtaining any and all permits , licenses , and .approvals required for performing any activities under this Agreement , includjng those necessary to perform design , construction, or operation and maintenance of the activities.
SUBRECIPlENT shall provide copies of permits and approvals to the COUNTY upon request.
C. SUBRECIPIENT sba11 be responsible for observing and comply ing with any applicable federal, state, and local laws, rules or regulations affecting any such work, spec ifically those including, but not limited to, environmental protection , procurement, and safety laws, rules, regulations , and ordinances.
15. Inspections:
A. SUBRECTPIENT shall inspect any work performed pursuant to this Agreement to ensure that tbe work is being and has been performed in accordance with the applicable Federal , State and/or local requirem ents, and this Agreement.
B. COUNTY reserves the right to inspect any work performed pursuant to this Agreement to ensure that the work is bein g and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement.
C. Any work by SUBREC IPIENT or by its subcontractors that is determ.ined based on such inspections to not conform to the app licable requirements shall be corrected and may be determined to be a breac h ofthis Agreementbythe COUNTY.
16. Litigation
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A. If any provision of this Agreement, or an underlyjng obligation, is held invalid by a court of competent jurisdiction , such invalidity, at the sole discretion of the COUNTY, sha ll not affect any other provisions of this Agreement and the remainder of this Agreement shall rema in in full force and effect. Therefore , the provisions of this Agreement are and shal l be deemed severab le.
B. SUBRECIPIENT shall notify the COUNTY immedi ately of any c laim or action tmdertaken by or against it, which affects or may affect this Agreement or the COUNTY.
C. SUBREClPlENT shall hold harmless, defend , and indenmify the COUNTY from any and all claims, actions, suits, charges, and judgments whatsoever that arise out of the SUBRECIPJENT's performance or nonperfonnance under this Agreement.
17. Amendments:
A. The GRANTEE or SUBRECIPIENT may amend this Agreement at any time prnvided that such amendments makes specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization . Such amendments shall not invalidate this Agreeme nt, nor relieve or release the SUBRECTPIENT from. its obligations under this Agreement, unless so expressed in the written amendment.
B. The GRANTEE may, in its discretion , amend this Agreement to conform with Federal , State or local governmental guidelines, policies and available funding amm:mts, or for other reasons. If such amendments result in a change in the FUNDS, the scope of services, or schedule of the activities to be undertaken as pa.it of this Agreemen t, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPTENT.
18. Independent Contractor:
Nothing contained in th.is Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Patties . The SUBRECI PIENT shal l at all tin1es remain only a subreoipient of grant fonds.
19. Religious Activities:
The SUBRECIPIENT shall not use FUNDS for inherently religious activities such as worship, religious instruction , or proselytization.
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SUBRECIPIENT AGREEMENT
EXHIBITD
SPECIAL TERMS AND CONDITIONS
The Parties to the Subrec ipient Agreement for San Joaquin Continuum of Care CA-511 Homeless Emergency Aid Program (HEAP) Funding for Fiscal Year 2019-20 (th is " Agreement"), of which this is Exhibit D.
1. SUBREC IPIENT shall deposit the FUNDS into an inlerest-bear ing account opened by SUBRECTPJBNT for the FUNDS.
2. SUBRECIPIBNT shall not deposit any other funds into the FUNDS account.
3. SUBRECTPIENT shall provide COUNTY access , upon request , to the FUNDS account for monitoring purposes only, typically via a web portal, and monthly statements from the FUNDS account in addit ion lo the reports required in this Agreement.
4. All proceeds from the interest bearing account must be used for HEAP eligible activities.
Consistent with Health and Safety Code Section 50214 (b ). no more than 5 percent of the proceeds may be used for gene ral admin istrative purpo ses and at least 5 percent of the proceeds must be allocated to estab lishing or expanding services for homeless youth, as defined in HEAP prograrn docwnents.
5. Any housing-related activities funded with HEAP f-t.mds, including but not limited to, emergency shelter, rapid-rehousing, rental ass istance, trans itional housing, and permanent suppor tive housing must be in compliance with the Core Components of Housing First, pw:suantto Welfare and Instit11tion Code Section 8255(b) .
6. SUBRECTPTENT shaU provide the COUNTY access to Homeless Management Infonnation System ("HMIS") data collected and entered into the SUBREClPlENT's H.MlS, upon request , and to participate in any statewide data initiative as directed by the COUNTY ~ including hut not limited to, a statew ide data integration env ironm ent. 2019-20 HEAP Subrecjpient Agreement I of l EXHIBITD
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San Joaquin Continuum of Care CA-511 Homeless Emergency Aid Program Application
CONTACT INFORMATION
Organization Name: City of Lodi
Mailing Address: PO Box 3006 Lodi 95241
Street City
Project/Program Location: -'J'o he ~t>-t-<>nriined Lodi 95241 Street · City Zip
Executive, Director :
Stephen Schwabauer sschwabauer@ lodi.gov 209-333-6800
Name Email Phone
Contact Person:
Patrice Clemons pclemons@ lodi.gov 209-333-6800 ext. 3404 Name Email Phone
Website : www.lodi.gov
DUNS# 946000361 IEINtt 94-6000361 Business License# NA
Type of Agency: □ 501(c)(3) 1181 Gov't/Public I □ Faith-Based I □ Other Number of 2, Project Coordinator and City IN umber of volunteers: I 5, Committee on paid staff: Manager Homelessness Members
FUNDING REQUEST
Funding requested in t his $1,521,942 Other funds already $338,500 application: secured for th e project:
Total cost to complete $1,867,942 Other funds not yet $7,500 project: secured:
REQUIRED ATTACHMENTS
Using the checkboxes below, indicate that .fill attachment s were included with the application at submission:
181A copy of the project budget showing all fundi ng sources and uses, 181A copy of the organ ization's operatio nal budget for the current fiscal year and propose d budget for the 2018- 2019 fiscal year.
18lA copy of the organization' s most recent balance sheet and income and expend]ture stateme nt. 181The most recent audi ted compi lation report performed by a Certified Public Accountant. 181A determination letter from the Internal Revenue Service confi rming 501(c){3) tax,exempt status. 181A current roster of the organization's office rs and members of its Board of Directors, which includes their name, position held, address, telephone number, and wrre nt emplo yer(s). l:&lA copy of the organization 's mission statement as approve d by the Board of Director s. 181Documentation of the organization' s participat ion or commitme nt to participate in t he local HMIS. 181A resolution declaring a shelter crlsfs from the govern ing body of the Jurisdiction In which the project will be located.
fg/Additional: Project Timeline Chart
IE/Additiona l: MOUs
PROJECT INFORMATION
1. Provide a brief description of the proposed project for which funds are being requested. (2,500 characters/10 points)
The City of Lodi proposes the Lodi Tiny House Project (Project) which wil l create approx imately five units of permanent support ive housing for homeless ind1viduals and famHies or those at risk of homeiessness.1 This supportive housing w ill help homeless individuals/families move from emergency shelters, motel voucher and tra nsitional housing programs, or off the streets into long-term, affordab le hou~ing where they can continue their progress toward stable and independent living. The Project also helps those facing a housing crisis and at risk of becoming homeless, such as peop le experiencing job loss or domestic violence.
The Project will receive tenant referrals from local organizations including Salvation Army, Lodi House, and Wotnen's Center, although more agencies may be added . These referra l agencies will provide ongoing support services to those they refer. These agencies estimate that, combJned, they will refer 30 residents per year. The Housing Authority of the County of San Joaquin (HA) will supply housing choice vouchers. To be eligible, a tenant may not eam more tha n 80% of the famlly median income as requ ired by U.S. Department of Housing and Urban Development (HUD); after a year of being on the voucher, the resident can apply for a tenant-based voucher, so they can move off-site and still use the voucher.
HEAP funds will be used to purchase property, develop the site, and purchase and install manufactured trny homes. The City has vetted several properties,. to be determined as a viable option to purchase/deve lop, The City will generally oversee the Project, whi le the HA will implement the Project, including purchasing/owning the property, completing construc tion of the site, and managing the property.
The City estimates that most residents will move out of the tiny homes and into private, market-rate houses within a few years once they have achieved more stability, income, and independence. This will allow the tiny homes to again become available to t hose wanting to exit hom elessness. (1) Homeless Includes sheltered as defined In San Joaquin County Continuum of Care 2017 Point-In-Time (PIT): person living in emergency shelter, participating In transitional housing programs, or living in motels through voucher program; and includes unsheltered defined as persons livtng In a place not meant for human hab1tatkm.
2. Ident ify the need gap this proposed project will address. Please provide data and analysis from sources such as the Point in Time Count, the Homeless Management Information System and the Housing Inventory · Count that demo nstrate this gap. (2000 characters/3 points) Permanent supportive housing (PSH) is in short supply In Lodi and surrounding San Joaquin County, which makes exiting homel essness more difficu lt and prevents new space from more readily opening up in shelters and transitional programs. Per the 2017 Point-In -Time (PIT): ''There appears to be little room off the streets for the curre nt ,unsheltered [homeless] popu lation. Data from [HMIS] indicates that many emergency homeless shelters routine ly operate at or above capacity. Permanent housing programs for the homeless report continued struggles to find suitable housing for homeless households because of current market forces." To illustrate this demand for permanent supportive housing, the PIT showed 567 unsheltered homeless in the county, and 88 in Lodi (Committee on Homeless believes 200 ,is more accurate), who are In need of shelter and assistance. Furthering exacerbat ing the capacity sho rtage, the county had a loss of 230 transitional housing beds in 2017 due to HUD's decision to reduce funding {page 2, PIT); also, 42 beds at a domestic violence shelter were closed for const ructio n.
Of the 985 sheltered homeless, 804 were in emergency shelter and 181 were in transitional facilities. This means that rough ly 181 of them (18%) could find new housing in those transitional facilities when openings arise; however, that leaves the 82% with no local tran sittonal program option or at least a long wait. When leaving-the shelter, they must find permanent housing that is either private, market rate, or voucher. It takes years and is often difficult to obtain a voucher, which are in short supply. Market -rate units are expensive for those exiting homelessness. For example, the 2016 median rent for multi-family renta l in Lodi was $1,201, Moreover , 98% of extreme ly low- and 84% of very low-income households were paying more than 30% of their annual income (Lodi 2016 Housing Element).
While the Housing Inventory Count reports 1,052 permanent housing beds countywide, Lodi has farfewer at only 8 units of affordable housing offered by the HA and appro)(imately 148 tenant-based vouchers.
3. How will this project address the need gap identified in the answer above? (2000 characters/2 points) With the shortage of affordable and supportive housing options, the Project will help individuals/familfes end the cycle of homelessness. When individual s/families experience homelessness they face many obstacles that can take years and added resources to overcome. Even after comp leting a transitiona l living housing program or receiving services, an individual/family may still be at risk of return ing to homelessness, especially if they are unable to find affordab le housing in their community . These people face continuing challenges such as inability to afford rent, lack of positive renta l history, poor credit scores, financial debt, stable employment history, educatlonal training to increase income, medical expenses, and continued access to emotional/mental health counseling services. Forthis reason, this Project will provide ongoing supportive services to its residents, potentia lly including continued access to resources, therapy, food/clothi ng/househo ld supplies, and case managers.
Rental assistance vouchers will also be provided so that residents do not pay more than 30% of their monthly income to rent. The voucher will cover the difference between actual rent (approximately $700 to $826) and up to 30% of their monthly income. By making rent affordable, residents will be able to save money, pay debts, establish renta l history, and improve their credit score. Affordable housing also creates the type of stability where residents can better maintain employment, build on skills/education, continue accessing support/counseling services, be invested In a community, and create emotional wel l-being. If homeless individuals/fami lies cannot find affordable rent, then they must relocate to another community, away from structures and support systems they've developed and rely upon. Moving to a new community may mean changing schools, jobs, and access to affordable transportation, and overal l puts them at risk of returning to homelessness.
4. Does this project serve the unsheltered homeless? Please explain , ( 1000 characters/5 points) This Project will serve unsheltered homeless, although it is more likely that sheltered homeles s will move in.
Unsheltered homeless are likely to first seek services for their most urgent needs (e.g., food, shelter, income assistance). Sheltered homel ess are at high risk of returning to homelessness without long-term supportiv e services/housing. When people are ready to move on from shelters/transitional programs, they are often una ble to secure affordable housing. If they are not able to find affordable housing, they often stay in the poverty. At least three local agencies will provide referra ls for residents to live in the Project. These agencies might refer from their shelters, transitional programs, or other situations, so long as the agency believes the individual/family would income qualify and be able to progress toward independence , given some supportive services. The Project will not provide the more intense, on-site case management typical ly seen In transitiona l programs.
5. Does t his project focus on serving another special subpopulation prioritized by the CoC? Please describe the characteristics of the special population being served. (500 characters/I point) Both the Lodi House and Women's Center will refer women from their programs, many of whom have escaped domestic violence. The agencies may also refer chronically homeless. As noted above, since Lodi does not currently have many .affordable housing options, homelessness has become a longer, chronic condJtion. The Women' s
Center estimates it can refer six indlviduals per year to the Project; five refe rrals from Lodi House; and twenty from Salvation Army, for a total of 30.
6. Describe how this project aligns with the Housing First mode l of service delivery. (500 characters/2 points) Based on WIC 8255(6) and NAEH, this Project prioritizes housing for people experiencing home lessness by offering vouchered permanent units and voluntary support services, so that housing can be used to create stabilit y and as a platform to pursue personal goals. The Project prioritizes refe rrals from local agencies so that residents can continue their progress and use of support systems that they have already established through those agency services, shelters, and transitional programs.
7. Does yoI)r organizr1tion current ly paItic ipate or plan to participate in the loenl HMIS? If so, provide documentation of participat ion or a written commitment to participate as an attachment. (2 points) Lodi plans to participate in the local HMIS as needed to comply with this grant. HA participates In HMIS as the VASH administrator for San Joaquin County. HA provides rental assistance for up to 254 veterans and families in partnership wilh the Pella Alto office of the Veterans Adrninislrntion. Datc:1 is tracked as participants housed as well as veteran s who have been issued a VASH voucher currently seek1ng an apartment. Addltlonally, if needed, all three referra l agencies plan to participate in the local HMIS. Note: Proof of HMIS participation was not provlded through printed report due to confidentiality and no administrative page was available to print.
8. Does your organization current ly participate in the CoC. Please explain . (500 characters/2 points) Lodi City Manager participates in the CoC by attendi ng meetings, providing feedback, and bringing updates to City Council. Members of the Lodi Committee on Homelessness, including Salvation Army, p,artlGipate In the Ad Hoc Governance Committee, attend County Homelessness Task Force meetings, and sit on the Coe Board, HA has participated in the Homelessness Task Force and Ad Hoc Governance Committee, and will sit on CoC Board.
Referral agencies voiced interest in participating more often,
9. Describe your organizat ion's experience and history managing similar projects within the community. {2000 characters/5 points)
The City of Lodi, incorporated in 1906, has 390 fult-time employees with a budget of $200 mill ion, and has provided oversight and direct implementation over numerous development projects. lodj's Public Works and Community Development Departments team up to plan, design, engineer, construct, and essentially complete every aspect of development. Additionally, under the CDBG program, the City has overseen several projects over last two years, includlng: City Hall Annex, for major renovations to City's fire and parks facilities; Kofu 1-'ark improvements, for new parking and pedestrian sidewalk; HA Washington Street imp rovements, for energy upgrades and siding .repairs to affordable housing complex. Lastly, the City assisted Eden, Housing with efforts to secure funding for development of an 80-unit, affordable senior housing project, which was completed in 2017.
HA is a public corporation with an operating budget of $51M and 82 employees, and provides rental assistance to over 6,000 households in the county. HA has many development projects currently under way. It has 115 units of UHTC housing with building delivery beginning January. Its next phase of 100 units are scheduled to close In March 2019. Between the two phases, project costs are roughly $SOM. HA has also partnered on a downtown 34-unit Stockton project. It recently closed a senior project in Manteca with the same developer partner for 48 units with 4% tax credits . HA has a $3.5M award from BHS to produce 35 unit s of housing with MHSA funds. HA purchased new administr ative headquarters where it is renovating 18,000 square feet and will produce 27 units of housing for BHS in a former HA buildings with 20 years of project-based subsidy. It has an 11-unit property in Stockton that will also be renovated. Plan check is under way for work to begin early 2019. Attached is a link from Sierra Vista project from June. https:/ /www.youtube.com/watch7v=Pgw_l2WbxK8&t=4s .
10. Describe the services your organ ization currently delivers within the community. (2000 characters/5 points)
The City has provided years of service to its residents, including library, parks and recreatlo111 poltce, fire, public works, building, planning, electric uti lity, transit service, water and waste services. Through its CDBG grant , the City funds agencies to prov ide additional services, such as fair housing, gang prevention, youth and fam ily counseling, food distribution, and assistance for homelessness. Moreover, the City processed entitlements for 210 single famHy homes, 80 senior low-income apartments (Cranes Landlng), 156 market-rate apartments (Rubicon), and 143 senior living apartments (Revel). The City anticipates another 200 single-fami ly homes and 156 multi-family units built in 2018-19.
HA provides rental assistance for over 6,000 households in the county, Including Lodi. In Lodi, HA has 2 multr family properties with a tota l of 8 units. It also provides tenant-based housing choice vouchers to 148 households in Lodi.
HA manages three migrant family farm labor housing developments for the Office of Migrant Services, a division of California Department of Housing and Community Development. A total of 97 units are located on Harney Lane adjacent to the city. This housing is available from March through the end of December of each year. Child care centers are provided for farmworkers at the sites.
Lodi House's transitiona l housing program provides counseling and shelter to women and children. Families have an opportuni ty to build a budget, manage savings account, and gain skills in life/home management. .Salvation Army provides emergen~y lodging, hot meals, and clothing. It also has an Adult Rehabilitation Center where clients are prepar ing to reenter the community.
Women's Center operates two undisclosed emergency shelters for victims of domestic violence and their childr en.
Multiple services a,re provided along with therapy, parenting classes, case management, life skills training, and employment readiness.
11. Does the proposed project produce new units of low-barrier permanent housing or new units of low barrier emergency shelter space, or provide new rental assistance for permanent housing? Please explain. (1000 characters/5 points)
This Project brings new units of permanent supportive housing to the Lodi community. This Project adds five affordable units with no obligation to participate in a program on-srte, though supportive services will be offered by referring agencies, This is so the resident can continue to receive support and access the resources that have helped them grow in their independence. A resident's continued participation in support services, though limited, can help them further establish stability in their home and personal life. HA WIii provide housing choice vouchers so that the 1..1nits maintain their a.ffordability to tenants (no more than 30% of household income can be spent on rent; instead the voucher w111 cover the difference).
Permanent supportive housing is "an intervention that combines affordable housing assistance wlth voluntary support services to address the needs of chronica lly homeless peop le," It "can also increase housing stability and improve health." (Source: https://endhomelessness.org/end ing-homelessness/solutions/permanent ,supportive houslng/).
12. How many unduplicated clients will the proposed project serve (placed in shelter, permanent housing, etc.)? Please provide the ratio of cost per client served relative to HEAP funds requested and explain how you arrived at that ratio, (1500 characters/5 points)
Approximately three studios (420 sq, ft, each) and two one-bedroom units (588 sq. ft. each} will be provided.
Studios house no more than two persons, and one-bedrooms house no more than three persons. Given that, 5 to 12 persons could be living on the Project site at one time. The City anticipates that all units will be full, given the City's three partnering agencies-Lodi House, Salvation Army, and Women's Center~wil l have a combined total of approximately 30 refer rals per year. This is more than enough to fil l the five units, and to create a wait list. Should refer rals drop, othe r local agencies will be considered. Also, every year a certain portion of residents (20%, or one resident per year} wil l likely move on to new housing. So, within a one-year period, anywhere from 6 to 15 residents will live at the property or an average of 11 residents, In year one, the ratio of cost per clients served is 1 to $150,038, by dividing $1,650,442 total acquisition/construction project costs by average number of tenants over one year, 11 (6 + 15 )/2 ~ 11). However, the cost per client in year and beyond two dramatically decreases due to the acquisition and construct ion cost being paid. The HA will continue to pay for management of the properties through the rent and vouchers, and no additional funds will be needed to cover the expenses.
13. Explain how this project will meet Communityw ide System Performance Goals as adopted by t'he CoC HEAP Committee. See below for a list of these goals. (2000 characters/5 points) CoC Goal #2: This PSH project wil l help reduce by 20% the number of persons who return to homelessness through the strategy of prevention. Individuals/fam ilies who move Into the tiny homes will conti nue to have support services provided to them by the agencies that referred them. This will help them navigate through potential personal or financial crises that wou ld otherw ise cause them to lose housing but for this PSH project. Vouchers will also be provided to each household so that they can afford rent (paying up to 30% of their Income for rent).
Spending less on rent means people can continue to build savings and pay down debt. This will be measured by t racking where tenants plan to live when they leave (are they entering market -rate unit, using a tenant-based voucher, etc.).
Coe Goal #4: This Project will help tenants both increase their earned Income from a job by 10% and increase their overall income by 65%. Their reduced rent creates affordable and more stable housing which in turn both allows tenants to keep/focus on a job long enot.1gh to strengt hen/improve their skills, and helps them pay for/access transportation consistent ly so that they reliably get to work, Affordable rent will also help tenants save more cash for retirement, savings, or investing, This wil l be tracked by comparing employment income and overall income from the initial lnco1ne verification compared to ongoing annual verifications.
Coe Goal tl7: This PSH project will aim to have a housing stability measure of at least 85% by providing ongoing support and long-term housing forthose that continue to income-qualify. This will be rneaswed by looking at t he number of current tenants, those moving on, and those staying in the units each year.
HA uses several tools to track the above including HUD 50058 form, annual income recertifi cations, and end of part icipation detai ls.
14. Provfde a timeline of how the proposed project will be delivered. Please explain how this timel ine will be met by your organizatron and its capacity to spend all allocated funds within the HEAP timel ine. (2000 characters/5 points)
The Project timel lne is approxima tely 18 months, from January 2019 through June 2020. Beginning in January 2019, Lodi and its partners will enter into discussions and agreements regarding the HEAP grant. In March, HA will begin procurement of a design consultant. By the end of 2019, t he plans and designs shou ld be approved by City and the project should be out to bid for construction contractors. The City will submit its first HEAP report in January 2020. Site work will begin in early spring and construction should finish in May. Tenants should be able to move in soon after . Project cost reimbursement and closeout will then begin.
The City will generally oversee t he project; however, HA will oversee project implementation from beginning to end, starting with design and when site is completed and tenants occupy the units. HA will continue to manage and maintain the property.
Existing FTE staff from Building, Planning, and Public Works Department s will cover entitlement and permit processes; Given the small number of units, no additional employees are anticipated. As for overall HEAP grant coordination, the City anticipates approx imately 410 hours over the course of this project, which is the equivalent of 10% HE each year for two years. The City has no problem bringing on staff/consultants to supplement staff as necessary, In the past, the City has quickly adjusted staffing needs to address capacity demands, and has consultant contractors readily available for such circumstances.
HA anticipates that the executive leadership team and a four"person construction/development team will have t he existing capc1city to take on implementation of this Project. No new hires are anticipated at this time.
The three referral agencies have stated that they will provide ongoing support services to those that they refer , and will not need additional HEAP or other grant funding, as they have sufficient funding currently to support this Project. (See Attachment)
15. Explain how the proposed project will continue after all HEAP funds are expended. (2000 characters/5 points)
This Project will continue with min imal to no issues once the funding has been expended, Funding will be used for the purchase of land, tiny houses, infrastructure, and installation of tiny houses. There are no expected costs for ongoing supportive services provided to the individua l residents. Ongoing maintenance of the property and tiny houses will be addressed through the rental income and the property management company (provided by HA).
Because the project will have no debt after HEAP funds are used to pay for all site and construction costs, the units are essentially operated without debt payments-thereby reducing the cost to maintain and manage the units to an amount feasibly supported by the housing choice voucher program, Rius cost of income from rent s.
16. Explain how the proposed project will operate if the project is awarded less than its requested funding total through HEAP. (1000 characters/a points tiebreaker) The ongoing costs to operate the tiny homes is based on the debt-free aspect of the Project. Should HEAP funds be insufficient to cover total Project costs, the City would obtain additional funding in order to maintai n the debt-free model. The City may be able to apply for HUD grant funds. However, obtaining those supplementa l funds would be essential to completi ng the total visions for this project. If those additiona l funds are not procured in time, the scope of the Project would be reduced and HEAP funds would be pr1oritized to first cover the purchase of the property, then site development, and lastly, the purchase and installation of tiny homes. Cutbacks may result in fewer tiny homes being installed, instead of the planned five; however, the City would continue fund raising until all five units could be installed .
AUTHORIZED SIGNATURE OF APPLICANT: TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT WHO WILL COMPLY WITH ALL CONTRACTUAL OBLIGATIONS IF THE PROPOSAL IS AWARDED FUNDING. BY SIGNING
BELOW, I HEREBY CERTIFY THAT THE AGENCY WILL COMPLY WITH ALL PROVISIONS OF THE STATE OF CALIFORNIA HOMELESS EMERGENCY AID PROGRAM, AS WELL AS ALL APPLICABLE FEDERAL, STATE AND LOCAL STATUTES AND ORDINANCES.
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
TYPED NAME: Stephen Schwabauer
TITLE: City Manager, City of Lodi
EXHIBIT D
2021 HHAP SUBRECIPIENT AGREEMENT
[Remainder of Page Intentionally Left Blank]
SAN JOAQUIN COLINTY
2021HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM (HHAP) ROITND 2
SUBRECIPIENT AGREEMENT
This SUBRECIPIENT AGREEMENT entered into, by and between San Joaquin County, A political subdivision of the State of California, hereinafter referred to as "COUNTY" and "City of Lodi", herein after referred to as 'SUBRECIPIENT". Collectively "COL|NTY" and "SUBRECIPIENT" are the "Parties'0.
The term ofthis SUBRECIPIENT AGREEMENT is the date of the Effective Date through the Expiration Date, June 30, 2026.
The COTINTY is hereby awarding the SUBRECIPIENT an amount not to exceed: $400,000 (the FUNDS) as applied for by the SUBRECIPIENT in its San Joaquin Continuum of Care HHAP program Application (SUBRECIPIENT'S APPLICATION) submitted to the COUNTY, which is hereby màde part of this SUBRECIPIENT Agreement.
The Parties agree to comply with the terms and conditions of the following Exhibits, which are hereby made part ofthis SUBRECIPIENT Agreement:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Authority, Purpose and Scope of Work
Budget Detail and Payment Provisions
Terms and Conditions
Special Terms and Conditions
Final Budget
TOTAL NUMBER OF PAGES ATTACHED, Û_pages
The effective date of this SUBRECIPIENT AGREEMENT shall be the date the last of the Parties signs this Agreement (the EFFECTIVE DATE).
IN WITNESS WHEREOF, THIS SUBRECIPIENT AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
SUBRECIPIENT's NAME
SIGNATURE TITLE
PRINTED NAME SIGNING DATE SIGNED
COLINTY AGENCY SIGNATURE TITLE
Assistant
PRINTED NAME OF PERSON STGNING
Matt Garber
as to Form;
6 MAGDICH
Attomey Clerk
DATE SIGNED
EXHIBIT D
City of Lodi
Page I of 15
HHAP ROI.JND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
1. Authority
The State of Califomia has established the Homeless Housing, Assistance, and Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 50216) of Part I of Division 3l of the Health and safery code. (Added by stats.2019, c.159 (AB. l0l), s 10, eff. July 31, 2019.) The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). This second round of HHAP funding was authorized by AB 83 (Committee on Budget, Chapter 15, Statutes of 2020) and was signed into law by Governor Gavin Newsom on June 29,2020. Building on the regional coordination created through previous HCFC grant funding, this funding is intended to support local jurisdictions in their unifìed regional response to reduce and end homelessness.
This SUBRECIPIENT AGREEMENT along with all its exhibits ("AGREEMENT") is entered into by the COI-JNTY and the SUBRECIPIENT under the authority of; and in furtherance of the purpose of, the Program.
In signing this AGREEMENT and thereby accepting this award of funds, the SUBRECIPIENT agrees to comply with the terms and conditions of the AGREEMENT, the NOFA under which the SUBRECIPIENT applied, the representations contained in the SUBRECIPIENT'S APPLICATION, and the requirements of the authority cited above.
2. Purpose
The general purpose of the Program is to provide one-time block grant funding to support regional coordinationo and to expand or develop local capacity to address immediate homelessness challenges.
Activities will be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. In accordance with the authority cited above, an application was created and submitted by the SUBRECIPIENT for The FUNDS to be allocated for eligible uses as stated in Health and Safety Code section 50219, subdivision (c) (l)
-
(8).
3. Definitions
The following HHAP program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a)
-
(q):
A. "COLINTY" means San Joaquin County.
B. "SUBRECIPIENT" means a nonprofit, public agency or a for-profrt entity.
C. "Continuum of care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
Subrecipient InitialG
City of Lodi
Page2ofl5
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
D. "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title24 ofthe Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfu this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
E. "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
F. "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801.
G. "Homeless" has the same meaning as defined in Section 578.3 of Title24 of the Code of Federal Regulations, as that section read on January 10,2019.
H. "Homeless Management Information System"(HMIS) means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
I. "Homeless point-in-time count" means the2019 homeless point-in-time count pursuant to Section 578.3 of Title24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives.
A jurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with ajurisdiction's application for homeless funding.
J. "Homeless youth" means an unaccompanied youth between 12 and24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 1A3aaQ\. "Homeless youth" includes unaccompanied youth who are pregnant or parenting.
K. "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.
L. "Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Subrecipient
City of Lodi
HHAP ROTIND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
M. "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.
4. Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50219, subdivision (c) (l) -
(8), and any other applicable laws. Eligible uses include thê following:
A. Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding fees.
D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing pennanent housing and to promote housing stability in supportive housing.
E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth.
F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions.
G. Prevention and shelter diversion to permanent housing.
H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
The number of available shelter beds in the city, county, or region served by a continuum ofcare.
ii. Shelter vacancy rate in the summer and winter months. iii. Percentage of exits from emergency shelters to permanent housing solutions. iv. A plan to connect residents to permanent housing.
Subrecipien fni,iuf, @
City of Lodi
HHAP ROTIND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
5. COUNTY Contract Coordinator
The COUNTY'S Contract Coordinator for this AGREEMENT is the COLINTY'S Health Care Services Agency, Neighborhood Preservation Division. Unless otherwise instructed, any notice, report, or other communication requiring an original SUBRECIPIENT signature for this AGREEMENT shall be mailed to the COTINTY Contract Coordinator.
The Representatives during the term of this Agreement will be
GRANTEE SUBRECIPIENT
ENTITY San Joaquin County City of Lodi
SECTION/UNIT: Neighborhood Preservation
Address: l810 E. Hazelton Avenue
Stockton, California 9 520 5
221 West Pine Street
Lodi, CA 95240
CONTRACT
COORDINATOR: Rodney Estrada Stephen Schwabauer
PHONE NUMBER: 209-468-3139 209-269-45tt
EMAIL ADDRESS: [email protected] [email protected]
All requests to update the SUBRECIPIENT information listed within this AGREEMENT shall be emailed to the COUNTY Health Care Services Agency - Neighborhood Preservation Division general email box at [email protected]. The SUBRECIPIENT reserves the right to change their representative and/or contact information atany time with notice to the COLINTY.
6. Effective Date, Term of Agreement, and Deadlines
A. This AGREEMENT is effective upon approval by the COUNTY (indicated by the signature provided by the COI-INTY in the lower left section of page one, when signed by all parties.
B. Full Expenditure of the FUNDS
All FLINDS (100 percent) must be expended by June 30,2026. Any FUNDS not expended by that date shall revert to the State General Fund.
Subrecipient Initial6
City of Lodi
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
7. Special Conditions
The COUNTY reserves the right to add any special conditions to this AGREEMENT it deems necessary to ensure that the goals ofthe Program are achieved.
Subrecipient
City of Lodi
Page6ofl5
HHAP ROIJND 2 SUBRECIPIENT AGREEMENT
EXHIBIT B
Budget Detail and Payment Provisions
1. Budget Detait & Changes
The SUBRECIPIENT agrees that the FUNDS shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challengès. Such activities must be informed by a best-practices framework focused on moving homeless individuals ãnd families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.
The SUBRECIPIENT shall expend the FLINDS on eligible activities as detailed in the final budget as referenced in Exhibit F. The SUBRECIPIENT shall submit an updated budget with the annual ..poi thut revises and reports all actual and projected expenditures of the FL|NDS.
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the County so long as the total expenditures (actual and projected) for each eligible use category iêmain the same as described in the final budget. Any decrease or increase to the total expãnditures for ãny eligible use category must otherwise be approved by the COLINTY'S Contract Coordinator and his/heidesignee, inwriting, before the SUBRECIPIENT may expend the FUNDS according to an alternative budget. The COLINTY'S Contract Coordinator will respond to SUBRECIPIENT witñ approval or denial oircquest.
Failure to obtain written approval from the COUNTY'S Contract Coordinator ói hisiher designee as required by this section may be considered a breach ofthis AGREEMENT.
2. General Conditions Prior to Disbursement
The SUBRECIPIENT must submit the signed AGREEMENT, and inirialed Exhibits A through D.
3. Disbursement of Funds
The FIINDS will be disbursed to the SUBRECIPIENT upon receipt, review and approval of the completed AGREEMENT.
The COUNTY agrees to distribute to the SUBRECIPIENTThe total sum ofthe FUNDS overthe term of this agreement on a reimbursement basis.
The SUBRECIPIENT shall submit invoiceso receipts, or other sufficient proof of the SUBRECIPIENT's billing forthe grant activity(ies) to the COIINTY and the COLINTy will distribute the FLINDS to the SUBRECIPIENT in the amount of those receipts or other sufficient proof.
4. Reimbursement
The FUNDS should not generally be obligated or expended prior to the effective date of this Agreement.
However, the COIINTY acknowledges that there may be circumstances that would require reimburiement in order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the following requirements are applicable:
A. Reimbursement is not permitted for activities occurring prior to August 24,2021.
Subrecipient Initials
City of Lodi
HI-IAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT B
Budget Detail and Payment Provisions
B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention.
C. Approval from the COTINTY must be obtained prior to obtaining reimbursement.
5. Ineligible Costs
The FUNDS shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections 5021 I and, 50219.
The COLINTY reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this, AGREEMENT. If the SUBRECIPIENT or its funded sub-subrecipients use the FUNDS to pay for ineligible activities, the SUBRECIPIENT shall be required to reimburse these FUNDS to the COUNTY.
An expenditure which is not authorized by this AGREEMENT, or by written approval of the COUNTY Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the COUNTY by the SUBRECIPIENT.
The COIINTY, at its sole and absolute discretion, shall make the final determination regarding the allowability of the FTINDS expenditures.
The FUNDS shall not be used to supplant existing local funds for homeless housing, assistance, or prevention.
Subrecipient Ini
City of Lodi
Page8ofl5
HHAP ROLIND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
l. Termination and Suflïciency of Funds
A. Termination of AGREEMENT
The COUNTY may terminate this AGREEMENT at any time for cause by giving a minimum of l4 days notice oftermination, in writing, to the SUBRECIPIENT. Cause shall consist of violations of any conditions of this AGREEMENT, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of COTINTY;S eipenditure authority.
2. Transfers
The SUBRECIPIENT may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this AGREEMENT or any part thereof, except with the prior written approvãl of the COUNTY and a formal amendment to this AGREEMENT to affect such subcontract or novation.
3. Reporting/Audits
A. Annual Report Deadlines
By December 13,2021, and annually on that date thereafter until all funds have been expended, the SUBRECIPIENT shall submit an annual report to the COLINTY in a format provided by the COUNTY. If the SUBRECIPIENT fails to provide such documentation, the COUNTY may recapture any portion of the amount authorized by this Agreement with a l4-day written notification.
B. Reporting Requirements
The annual report shall contain detailed information in accordance with Health and Safety Code section 50221, subdivision (a). This information includes the following, as well as any additional information deemed appropriate or necessary by the County:
i. An ongoing tracking of the specific uses and expenditures of any FL|NDS broken out by eligible uses listed, including the current status of those FUNDS. ii. The number of homeless individuals served by the FTINDS in that year, and a total number served in all years of the Program, as well as the homeless populations served. iii. The types of housing assistance provided, broken out by the number of individuals. iv. Outcome data for an individual served through the FUNDS, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits.
In addition to the annual reports, the COTINTY requires the SUBRECIPIENT to submit quarterly expenditure reports due no later than l4 days following the end of each fiscal quarter. The SUBRECIPIENT shall submit a report to the COUNTY on a form and method provided by the COL|NTY that includes the ongoing tracking of the specific uses and expenditures of any of the FUNDS broken out by eligible uses listed, including thé current status of those FLINDS, as well as any additional information the agency deems appropriaie or necessary
Subrecipient Initials
City of Lodi
Page9ofl5
HHAP ROTIND 2 SUBRECIPTENT AGREEMENT
EXHIBIT C
Terms and Conditions
The COUNTY may require additional supplemental reporting with written notice to the SUBRECIPIENT.
4. Auditing
The COTINTY reserves the right to perform or cause to be performed a financial audit. At the COUNTy'S request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a certified public accountant.
A. If a financial audit is required by the COLINTY, the audit shall be performed by an independent certified public accountant.
B. The SUBRECIPIENT shall notify the COIINTY of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the COLINTY to the independent auditor's working papers.
C. The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.
D. If there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to the COLINTY for each audit finding within 90 days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
The SUBRECIPIENT agrees that COUNTY or its designee shall have the right to reviewo obtain, and copy all records and supporting documentation pertaining to performance under this AGREEMENT. T-hê SUBRECIPIENT agrees to provide the COLINTY, or its designee, with any relevant information requested.
The SUBRECIPIENT agrees to give the COUNTY or its designee access to its premises, upon reaionable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the HHAP program laws, the HHAP program guidance document published on the website, and this AGREEMENT.
B. Record Retention
The SUBRECIPIENT further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this AGREEMENT.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
Subrecipient Initials
City of Lodi
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
6. Breach and Remedies
A. Breach of AGREEMENT
Breach of this AGREEMENT includes, but is not limited to, the following events:
i. SUBRECIPIENT's failure to comply with the terms or conditions of this AGREEMENT. ii. Use of, or permitting the use of, FUNDS provided under this AGREEMENT for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this AGREEMENT.
B. Remedies for Breach of AGREEMENT
In addition to any other remedies that may be available to the COLINTY in law or equity for breach ofthis AGREEMENT, the COTINTY may:
i. Bar the SUBRECIPIENT from applying for future funds; ii. Revoke any other existing HHAP award(s) to the SUBRECIPIENT; iii. Require repayment ofthe FTINDS disbursed and expended underthis AGREEMENT; and iv. Seek, in a court of competent jurisdictiono an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements.
C. All remedies available to the COUNTY are cumulative and not exclusive.
D. The COTINTY may give written notice to the SUBRECIPIENT to cure the breach or violation within a period of not less than 15 days.
7. Waivers
No waiver of any breach ofthis AGREEMENT shall be held to be a waiver of any prior or subsequent breach.
The failure of the COLiNTY to enforce at any time the provisions of this AGREEMENT, or to require at any time, perforrnance by the SUBRECIPIENT of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this AGREEMENT or the right of the COTINTY to enforce these provisions.
Subrecipient Initial
City of Lodi
Page ll of15
HHAP ROTJND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
8. Nondiscrimination
During the performance of this AGREEMENT, the SUBRECIPIENT and its sub-subrecipients shall not unlawfully discriminate, harasso or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creedo national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. The COLINTY and SUBRECIPIENTS shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The SUBRECIPIENT and its sub-subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, $ 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, g I 1000 et seq.); and the provisions of Article 9.5, Chapter l, Part l, Division 3, Title 2 of the Government Code (Gov. Code, SS I I135 - 1l 139.5).
SUBRECIPIENT and its sub-subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
9. Conflict of Interest
All SUBRECIPIENTs are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50219, subdivision (h) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 1 041 0 and I 041 I .
10. Drug-Free Workplace Certification
Certification of Compliance: By signing this AGREEMENT, the SUBRECIPIENT hereby certifies, under penalty of perjury under the laws of State of California,that it and its sub-subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, S 8350 et seq.) and have or will provide a drug-free worþlace by taking the following actions:
A. Publish a statement notifying employees and sub-subrecipients that unlawfi.rl manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees or sub-subrecipients for violations, as required by Government Code section 8355, subdivision (a) (l).
Subrecipient InitialsG
City of Lodi