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13 1 HPE Tech Care Basic - 5 Year - Service - Technical $1,700.00 $1,700.00 14 300 Windows Server 2025 - 1 User CAL $56.91 $17,073.00 15 18 Windows Server 2025 Standard -16 Core License Pack $1,338.47 $24,092.46 16 1
Labor to build SAN and Windows Hosts in cluster. Migrate all Virtual machines.
Configure VMWARE.. Upgrade 18 Virtual Machines to Server 2025. $45,500.00 $45,500.00
Reoccuring Yealy Licensing Charges - $0.00
18 0 VMware vSphere Foundation 1-Year $12,939.64 $0.00
Veeam Backup Appliance ______
1 -$12,019.20
20 1 Synology 12-Bays RackStation RS2423+ (Diskless) $4,102.80 $4,102.80 21 12 Synology 4TB HAT3300 Plus Series SATA III 3.5" Internal NAS HDD (HAT3310-4T)
$284.70 $3,416.40
22 1 Labor to setup and configure NAS/Backup solution $4,500.00 $4,500.00 Please contact me if I can be of further assistance, SubTotal $302,425.56 Tax $19,979.15
Shipping $0.00
Total $322,404.71
I approve this quotation and authorize Mid Valley IT to order these products on my behalf.
On orders of more than $1,000 all hardware and software must be prepaid prior to ordering.
Authorized Signer:Date:
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Quote for Corri Silveira – 07/22/2026 1
QUOTE
27 Virtual Consulting, LLC
701 N. Westshore Blvd
Suite 206
Tampa, FL 33609
Bill To Ship To Quote # 00001200
Salesperson Ryan Kelley
Date 07/22/2026
City of Los Banos, California
520 J St
Los Banos, California 93635
City of Los Banos, California
520 J St
Los Banos, California 93635 Expiration 07/31/2026
Account Name City of Los Banos, California
Email [email protected]
VMware
Product Description Qty Type Extended Price
VMware
VMware vSphere Foundation 1-Year
VCF-VSP-FND-1Y
Term: 07/27/2026 - 07/26/2027
96 Software $12,939.64
27 Virtual Consulting Bundle - includes the following:
Part Number Description Qty Type 27 Virtual Price
27 Virtual Consulting 27 Virtual Forum Access 1 Consulting Included 27 Virtual Consulting 27 Virtual Ninja Training Series Access 1 Consulting Included
Subtotal $12,939.64
Cash Price ($USD) $12,939.64
Payment Terms NET 30
To accept this quotation, sign here and return:
149
Quote for Corri Silveira – 07/22/2026 2
Enhanced Client Services Package
27 Virtual Forum Access
• Includes full access to the 27 Virtual client portal
• Direct communication with 35 full-stack VCF engineers • 24/7 availability (no SLAs) for questions, failures, configuration help, updates, or issues • Provides an additional safety net while awaiting Broadcom ticket resolution 27 Virtual Ninja Training Series Access
• Access to the dedicated 27 Virtual VCF Ninja Training portal • Enrollment for instructor-led, in-depth VCF training sessions • Covers complete VCF solution understanding, implementation guidance, hardware requirements, and best-practice recommendations Quote prepared by: Ryan Kelley Payment Start Date End Date Payment Amount Year 1 07/27/2026 07/26/2027 $12,939.64
150
BROADCOM VMWARE PRODUCT PASS-THROUGH TERMS
By purchasing Broadcom, Inc. or its applicable affiliate (“Broadcom”) products from 27 Virtual Consulting, LLC (“27 VIRTUAL”), the entity purchasing products from 27 VIRTUAL, the (“Buyer”), agrees to these Broadcom VMware Product Pass-Through Terms (“Pass-Through Terms”). Buyer’s purchase of Broadcom Offerings is governed by Broadcom's End User Agreement, available at https://www.broadcom.com/licensing (“End User Terms”). If there is a conflict between these Pass-Through Terms and the Buyer's End User Terms, the Buyer's End User Terms shall control. Deal specific special terms will be provided on the quote (“Special Terms”). By placing an order pursuant to the quote, Buyer is agreeing to the Special Terms.
1. Definitions.
a) “Broadcom Offering” means the VMware branded Software, SaaS, appliances, education, and any other offering or service which Broadcom makes generally available to its customers.
b) “Documentation” “means the documentation, technical product specifications and/or user manuals, published and made generally available for Broadcom Offerings.
c) “End User” means end user that is granted the right to use the Broadcom Offering for its internal use subject to the restrictions set forth herein. d) “End User Terms” means (a) either (i) the Broadcom terms and conditions published at https://www.broadcom.com/licensing, or (ii) the fully executed agreement by and between the End User and an applicable Broadcom entity governing the CA, Symantec, or VMware branded offerings ordered in the applicable End User Order (provided that any terms that purport to protect any future pricing between the parties and any purported rights to host Broadcom Offerings on the behalf of an unrelated third party shall be deemed null and void for purposes of this Order), (b) the Specific Program Documentation (the “SPD”), or Product Use Rights (the “PUR”), and/or SaaS Listing applicable to the Broadcom Software, SaaS and Maintenance located at https:// www.broadcom.com/licensing, and (c) the additional terms hereon. e) “Marks” means the trademarks, service marks, logos, certifications, designations and insignias of Broadcom, Inc., a Broadcom company, and its affiliates.
f) “Public Sector” or “Government End User” means any country, state, county, city or local government bodies or agencies, including judiciaries, legislatures and departments created and or funded by any of the foregoing governmental funds. With respect to the United States government, a Public Sector End User means the United States government, including legislative, judicial and executive branches, any US Government agency or corporation that was formed by and is currently existing and operating pursuant to an act of Congress, as well as any US Government owned contractor operated facility.
2. Buyer Affirmation. Buyer affirms:
a) This document constitutes a written agreement with the End User for the sale of the Broadcom or Offering(s) identified in the applicable quote; such that the End User is contractually bound and agrees in writing that End User’s use of the Broadcom Offering(s) shall be subject to the End User Terms;
b) the Buyer has agreed to pay 27 VIRTUAL an agreed upon fee for the Broadcom Offering(s); c) 27 VIRTUAL shall ensure information relating to license type, Authorized Use Limitations and other Broadcom Offering related information set forth herein is provided to the Buyer; and
d) in furtherance of your contractual and legal obligation to strictly comply with U.S. law relating to export, re-export, and transfer, and to the extent required by law, Buyer understands that 27 VIRTUAL will not accept and Buyer agrees not to submit orders from (a) entites who are military end users of China, Russia or Venezuela for products with ECCN starting with 5D992, or (b) Broadcom, the distributor (TD Synnex, Arrow or Carahsoft), Buyer, or End User reasonably knows the Broadcom Offerings are intended or likely to be transferred or resold to such end users; and
e) Broadcom Offerings will be sold to End Users in the U.S. or Canada as applicable.
3. Non Mainframe Reporting. Except as may be prohibited by law, for Software from the VMware Cloud Foundation business unit (“VCF Software”) which is version 9 or higher, End User is required, when explicitly noted in the applicable SPD, to provide Broadcom with a regularly-scheduled verified report detailing End User’s installed base and license compliance for such VCF Software using the format and process specified by Broadcom from time to time (“Compliance Report”). In order to fulfill such reporting requirements, End User must ensure that the Compliance Report files generated by the applicable VCF Software are either transmitted by the software or uploaded by End User on the schedule required in the SPD and in accordance with the product Documentation. The VCF Software Documentation and SPD set forth any impacts to the product functionality or other consequences of End User’s failure to transmit or upload a timely, unaltered Compliance Report. End User assumes any and all risks associated with the loss of any and all functionality and access to updates, upgrades and patches when caused by End User’s failure to provide timely, unaltered Compliance Reports.
4. Payment. Failure to timely remit payment of all amounts set forth in the Payment Schedule after written notice by 27 VIRTUAL and a reasonable opportunity to remit such payment by Buyer, to the maximum extent permitted by applicable law, shall relieve Broadcom of any and all support obligations hereunder.
5. US Government Restricted Rights. Any Broadcom Offering provided to the U.S. Government (or any of its agencies) shall be provided with "Restricted Rights" and Buyer shall affix (if not already affixed) to any media containing all or any portion of the Broadcom Offering a restricted rights legend substantially similar to the following: "This offering is provided with Restricted Rights as defined in the United States Federal Acquisition Regulations. Use, duplication or disclosure by the Government is subject to the restrictions set forth in DFARs 252.227-7013 (c) (1) (ii) and 48 CFR 52.227-19 (c) (1) and (2) or applicable successor provisions.
6. Personal Data. End User acknowledges and agrees that Broadcom will process Personal Data as part of the provision of the Broadcom Offerings in accordance with Broadcom’s Privacy Policy located at: https://www.broadcom.com/company/legal/privacy. Where Broadcom is a data processor for End User under the applicable local legislation, Broadcom's processing shall be subject to and in accordance with Broadcom's global Data Processing Addendum (“DPA”), including the relevant Standard Contracting Clauses (“SCC”) located at:
https://www.broadcom.com/company/legal/privacy/data-transfers for international data transfer incorporated therein. End User has been advised 151
that during the term of this Order Broadcom will collect Personal Data and process it as a Controller pursuant to the Privacy Policy and to the extent permitted by GDPR, and/or the Swiss Federal Data Protection Act and/or other applicable local legislation.
7. Migrated Product(s). End User understands that Broadcom may migrate a previously licensed software (the "Original Product(s)") to a new software product (the "Migrated Product(s)"). It is the End User’s responsibility to understand which products herein may be migrated products. Any migrated products are provided in consideration of Original Product(s) being terminated. End User shall cease using and de-install the Original Product(s) following a transition period not to exceed ninety (90) days, as of the date of receipt of the Migrated Product(s); The Migrated Product(s) are subject to the Agreement, the Specific Program Documentation (the “SPD”) applicable to the Broadcom Software and Maintenance, located at Broadcom’s website address at https://www.broadcom.com/licensing and this transaction document including all financial obligations relating to the Original Product(s) which remain valid and enforceable and are applicable to the Migrated Product(s). Prior to signature of this Order, End User should ensure it understands the migration for the products licensed herein. Execution of this order shall constitute acceptance of such migration and shall also constitute a representation and warranty by End User that it has reviewed and fully understands same. Migration path for licensed products can be obtained at https://www.broadcom.com/docs/product-migration.
8. Software Support Availability. End User understands that Broadcom may either (i) stabilize software in which no future enhancements, versions, releases, development, or service packs are planned, or (ii) the software may be end of life or a particular version is end of service in which Broadcom will no longer provide (a) operational or technical support and (b) develop and provide new enhancements, features, upgrades, service packs, and fixes for the software offering (the “Software Support Availability”). Prior to acceptance of this Order, End User should ensure it understands the support for the products licensed herein. Acceptance of this order shall constitute acceptance of such support and shall also constitute a representation and warranty by End User that it has reviewed and fully understands same. Software Support Availability for licensed products can be obtained at https://www.broadcom.com/docs/end-of-support.
9. Assignment. Neither Broadcom nor End User may assign the End User Terms or any of its rights or delegate any of its duties under the End User Terms, either by operation of law, agreement, or any other process, without the prior written consent of the other party, except that Broadcom shall have the right to assign the End User Terms or any of its rights or delegate any of its duties under the Agreement at any time to any Broadcom Affiliate(s), or to a successor in interest of all or substantially all of the business to which the End User Terms relate. Subject to the foregoing, the End User Terms will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns. Any attempted assignment in violation of this section shall be null and void. “Affiliate” shall mean any person or entity which directly or indirectly owns, controls, is controlled by, or is under common control with a party, where control is defined as owning or directing more than fifty percent (50%) of the voting equity securities or a similar ownership interest in the controlled entity.
10. Termination. Buyer agrees it cannot terminate this Offering once an order has been fulfilled for products governed by these terms and conditions without cause and receive a pro-rata refund of fees not yet incurred, notwithstanding any express or implied right under any legal or equitable theory.
For purposes of clarity, in the event Buyer exercises any right to terminate for convenience under any other contracts with Broadcom Inc., along with all its world-wide subsidiaries (collectively Broadcom), any language in such a contract requiring termination of all Broadcom agreements shall not apply to this Order and this Order shall remain in full force and effect. Buyer understands and agrees that any notice of termination of this Order, other than for an uncured breach by Broadcom, shall not relieve Buyer of its obligation to remit any and all remaining payment(s) contained and shall not give rise to any right to a refund of any amount paid hereunder.
11. Controlling Terms. The use of the Broadcom Offerings are governed by the End User Terms and these Pass-Through Terms. Any terms that may appear on the Order that vary or proport to add to the End User Terms (including without limitation, pre-printed terms) are deemed not appended, inapplicable, and void.
12. Notice. Any notice required or permitted by the End User Terms shall be given in writing and will refer to the End User Terms. Legal notices to Broadcom will be sent to [email protected] and all other notices will be personally delivered or sent by a reputable overnight courier service (e.g., FedEx, UPS, DHL, etc.), electronic transmission (email or posting to a Broadcom customer portal) or registered or certified mail (return receipt requested) to the other Party’s legal department at the address set forth in the Governing Contract, or other address if updated by notice or for Broadcom, as posted to https://www.broadcom.com/licensing. Notices shall be deemed effective upon electronic confirmation; and if delivered via certified mail or overnight courier, notice shall be deemed effective upon confirmation of delivery.
13. Marketing. Broadcom is authorized to use the End User trademarks, service marks, logos, certifications, designations and insignias in connection with press and earnings releases. In addition, CA is authorized to use a specific designation (such as preferred business partner etc.) it may have in describing its relationship to End User.
14. Customer Initials
152
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: September 16, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Approval of a Professional Services Agreement with 4LEAF, Inc. for Building and Fire Prevention Services and Authorization for the City Manager to Execute the Agreement
______________________________________________________________________ Recommendation:
Adopt a Resolution approving a Professional Services Agreement with 4LEAF, Inc. for Building and Fire Prevention Services and authorizing the City Manager to execute the Agreement.
Background:
The City released a Request for Qualifications (RFQ) for Building and Fire Prevention Services on April 8, 2026, seeking a qualified consultant to provide comprehensive building and fire prevention services, including an on-call Certified Building Official, permit processing, plan review, inspections, code enforcement support, and related administrative functions. Proposals were due on May 6, 2026. The RFQ indicated that qualifications would be evaluated based on consultant experience, organizational approach, staff availability, past performance, and overall qualifications.
The City received five (5) Statements of Qualifications from the following firms:
1. True North Compliance Services
2. CSG Consultants, Inc.
3. Bureau Veritas North America
4. 4LEAF, Inc.
153
ITEM 8
5. Shums Coda Associates
The RFQ evaluation process was conducted in accordance with the evaluation criteria established in the solicitation documents. The City reviewed the qualifications, staffing resources, municipal experience, service delivery capabilities, and overall ability of each firm to meet the City's operational needs. The RFQ specifically emphasized staff availability, qualifications and experience, project approach, and demonstrated success providing services to public agencies.
Based on the evaluation of qualifications and experience, staff determined that 4LEAF, Inc. was the most qualified firm to provide the requested services. 4LEAF demonstrated extensive experience providing contract building department services throughout California and possesses the staffing resources and technical capabilities necessary to support the City's development review and permitting activities. Staff subsequently negotiated a Professional Services Agreement with 4LEAF that reflects the service requirements identified in the RFQ and is in the best interest of the City.
Discussion:
Under the proposed agreement, 4LEAF will provide comprehensive building and fire prevention services including:
• Certified Building Official services;
• Building permit processing and administration;
• Building and fire plan review services;
• Building inspection services;
• Building code enforcement support;
• Accessibility review services;
• On-call and emergency response services; and
• Support for the City's electronic permitting and Tyler Technologies systems.
The agreement includes performance standards and review timelines intended to ensure efficient permit processing and customer service. The consultant will provide qualified personnel with the necessary certifications and experience to maintain continuity of operations and respond to fluctuating development activity levels.
The proposed agreement has an initial term of one year beginning in September 2026 and ending in September 2027, with two optional one-year extensions exercisable by the City.
Fiscal Impact:
The agreement is funded through building permit, plan review, and inspection fees collected by the City. Compensation is structured primarily as a percentage of fees collected for building permit processing and related services, with hourly rates applicable for special or requested services. The cost of services will be paid from available Building 154
Division revenues and is anticipated to be offset by fees collected for development services.
Additionally, there is a $80,640.00 start up cost that is appropriated for the implementation of Energov Tyler Technology. This is to implement the new permitting system in preparation for the One-Stop Shop permitting system.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. 4LEAF Professional Services Agreement
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THIS PAGE IS INTENTIONALLY LEFT BLANK
156
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH
4LEAF, INC. FOR BUILDING AND FIRE
PREVENTION SERVICES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the City of Los Banos requires professional building and fire prevention services, including building official services, permit processing, plan review, inspections, code enforcement support, and related administrative services; and WHEREAS, on April 8, 2026, the City issued a Request for Qualifications (RFQ) seeking qualified firms to provide Building and Fire Prevention Services to the City; and WHEREAS, proposals were due on May 6, 2026, and the City received five responsive submissions from qualified firms, including 4LEAF, Inc.; and WHEREAS, the RFQ evaluation process considered consultant qualifications, experience, organizational approach, staff availability, municipal experience, and ability to provide the requested services; and
WHEREAS, following review and evaluation of the submitted qualifications, City staff determined that 4LEAF, Inc. is the most qualified firm to provide Building and Fire Prevention Services to the City; and
WHEREAS, City staff and 4LEAF, Inc. have negotiated a Professional Services Agreement for an initial one-year term with two optional one-year extensions, subject to the terms and conditions set forth therein; and
WHEREAS, an additional budgeted amount of $80,640.00 is allocated for the start up and implementation of Energov Tyler Technology in preparation for the One-Stop Shop permitting system; and
WHEREAS, execution of the Professional Services Agreement will ensure the continued provision of essential building and fire prevention services necessary to support development activity and protect the public health, safety, and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:
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SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. The City Council hereby approves the Professional Services Agreement between the City of Los Banos and 4LEAF, Inc. for Building and Fire Prevention Services.
SECTION 3. Authorize the City Manager, or designee, to execute a Professional Services Agreement with 4LEAF, Inc. for Building and Fire Prevention Services and any related documents necessary to carry out the intent of this Resolution.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING AND SAFETY SERVICES
(Certified Professional Building Official, Building Permit Processing, Building Inspections and Plan Check Services) [4LEAF, INC]
THIS AGREEMENT is made and entered into this day of ______ __, 2026, by and between the City of Los Banos, a California municipal corporation (“City”) and 4LEAF, Inc., a California Corporation ("Consultant"),
RECITALS
WHEREAS, in response to a Request for Proposals issued by the City on __________, 2026, Consultant has presented a proposal and by reason of its qualifications, experience, and facilities, is duly authorized to perform the type of services contemplated herein; and
WHEREAS, in accordance with the City's procurement procedures set forth in Title 3, Chapter 10, Article IV of the Los Banos Municipal Code, the City has selected Consultant as the best qualified and most responsive proposer to the City's request for proposals and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement; and
WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence on September __, 2026, and shall terminate on September __, 2027, unless terminated earlier as set forth herein. The term of this Agreement may be extended, on the same terms and conditions as set forth herein, for two one-year extended terms, at the option of the City upon sixty (60) days written notice to Consultant prior to the expiration of the term or extended term.
1.1 Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination. 159
2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Work, attached hereto as Exhibit A incorporated herein by this reference.
2.1. Professional Practices. All professional services shall be performed by consultant or under Consultant's supervision. All professional services to be provided by consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
2.2 Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified.
Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
2.3. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner and in accordance with Exhibit B attached hereto and incorporated herein by this reference. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.
3.1 Excusable Delays. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
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4. Compensation For Services. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit C attached hereto and incorporated herein by this reference.
4.1. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the City or the Fire Chief/Building Official, prior to Consultant performing the additional services, approves such additional services in writing.
4.2. Method of Billing. Consultant shall submit monthly invoices on or before the 5
th day of the month describing the work performed the preceding month.
Invoices shall be submitted by Consultant to the Fire Chief/ Building Official, in a form acceptable to City with sufficient detail to determine the location, the state of inspection and the amount for which payment is requested. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.
5. Processing and Reporting.
5.1. Collection of Permit Fees. City shall collect direct from the applicant costs or fees related to Building Permit activities. Said fees and costs shall be collected by the City upon completion of the plan check and the Permit processing and their return of the application to the City by the applicant. City shall stamp/mark permits PAID upon receipt of funds by applicant.
5.2. Monthly Reports. Consultant shall prepare a monthly report to be submitted to the Finance Department no later than the 15th of the following month.
Reports shall consist of permit#, address, amount and account used.
5.3. Quarterly/Annual Reports. Consultant shall provide to City a quarterly and yearly report upon request by the Finance Department within a reasonable time of the request. Reports shall consist of permit#, address, amount and account used.
5.4. Other Reports. Consultant shall provide to City upon request any report from the permit software system.
5.5. Procedures. Consultant shall conform its procedures to the following:
(a) Copies of the receipt showing payment for each permit shall be placed in the road file.
(b) Once a payment is received it shall be put in the permit software system in a timely manner.
(c) All payments shall be received by the Finance Department and receipted in the cash receipting system prior to issuing the permit. (d) Consultant shall not accept cash at any time.
6. Office Space. City shall provide Consultant with reasonable office space and the following office equipment: desks, chairs, phone system, network access, 161
copier, printer, and filing cabinets at a fixed charge to Consultant of $200.00 per month. Consultant will supply all office supplies and all other materials and resources necessary to perform under this Agreement.
7. Indemnification. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this agreement, the Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
Neither termination of this Agreement nor completion of services shall release Consultant from its obligations under this Section 7, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion.
Consultant agrees to obtain executed indemnity agreements, naming City as 162
an indemnified party, with provisions identical to those set forth in this section, from each and every sub-Consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others as required, Consultant shall be fully responsible for all obligations under this Section. City's failure to monitor compliance with this requirement imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. The obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this Section 7.
Consultant's compliance with the insurance requirements set forth in this Agreement does not relieve Consultant from the obligations described in this Section 7, which shall apply whether or not such insurance policies are applicable to a claim or damages.
8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and, in a form, satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial 163
general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. iii. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim. and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
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iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1 Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
9. Nondiscrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed·, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as otherwise set forth pursuant to section 12940 of the Government Code.
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. Consultant shall at· all times remain an Independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of Consultant or any other person performing services under this Agreement. Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10. 165
10.1. PERS Eligibility and Common Law Employee Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be a common law employee and/or eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Additionally, Consultant shall not allow any of its employees who are CalPERS retired annuitants from being assigned to and performing work for the City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Ownership and Control of Documents. All findings, reports, documents, information and data including, but not limited to, all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City.
Consultant shall deliver all Documents to City upon, (I) the date of termination of this Agreement for any reason, or (2) at any time requested by City, upon five (5) days written notice. The Documents may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant. Consultant shall riot make any such documents or information available to any individual or organization not employed by Consultant or City without the written consent of the City before any such release.
12. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. All data, documents, discussion, or other information developed or disclosed to Consultant and/or to employees of Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject 166
to disclosure pursuant to the Public Records Act, or otherwise required by law.
13. Maintenance of Records/Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of termination of this Agreement. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant and City agree that Consultant shall maintain all records necessary to document all schedules of inspections, inspection reports, reports of re- inspection, and all other documents reasonably necessary for the issuance of Notice of Completion all structures and improvements inspected pursuant to this Agreement. Consultant and City agree mutually to use their best efforts to establish and maintain such record keeping systems as are necessary to create, maintain and safeguard such records. Upon termination of this Agreement, all original records are to be returned to the City forthwith.
14. Conflict of Interest. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
15. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.
16. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar to the services that are subject to this Agreement or City may have its own employees perform services similar to those services contemplated by this Agreement.
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17. Integration; Amendment. This Agreement represents the entire understanding of City and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shal1 be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
19. Waiver/Validity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Consultant shall not be deemed to be a waiver of any term or condition of this Agreement.
20. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
21. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section.
To City:
City of Los Banos
Attn: City Manager
520 J Street
Los Banos, California 93635
Courtesy copy to:
City of Los Banos
Attn: Stacy Souza Elms
Community and Economic Development Director
520 J Street
Los Banos, California 93635
To Consultant:
4LEAF, Inc.
Attn: Craig Tole
Vice President, Community Development
409 Washington Street, Ste. 100
Monterey, CA 93940
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Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
22. Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party.
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11 IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth below.
CITY OF LOS BANOS
By:_______________________ Date: __________________
Nirorn Than, City Manager
4LEAF, INC.
By:_______________________ Date: __________________
APPROVED AS TO FORM:
________________________ Date: __________________
Mary Lerner, City Attorney
ATTEST:
________________________ Date: __________________
Lucy Mallonee, City Clerk
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12 EXHIBIT A
SCOPE OF SERVICES
l. BUILDING DIVISION ADMINISTRATION
(a) Consultant shall provide an ICC Certified Building Official. The Building Official shall be responsible for the daily administration of the Building Division activities, and shall perform the following services, including but not limited to:
(i) Function as the Building Official as set forth in the California Building Code, in other City adopted building codes and ordinances, and as specified in Federal and State law.
(ii) Issue Certificates of Use and Occupancy for buildings and structures. (iii) Manage, coordinate and oversee the building permit and plan check, building inspection, building counter and building code enforcement services so that they function as one building and safety organization. (iv) Maintain, amend and develop ordinances and regulations necessary to the implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health safety and welfare of its citizens. (v) Make determination on the approval and use of alternative materials and methods of construction.
(vi) Process and prepare Planning Commission and City Council reports and recommendations, and assist in the presentation of appeals regarding building and safety matters. Attend City Council, Planning Commission and other meetings as directed.
(vii) Prepare building and safety code violation cases for submittal to the City Attorney's office when prosecution action is necessary to obtain compliance with the above codes and regulations.
(viii) Make final interpretations concerning the application of building and safety codes.
(ix) Monitor the collection of building plan check, inspection, and permit fees and other building activity level indicators, submit monthly activity reports to the City based on this information, and notify the City of any staffing changes necessary to maintain the performance standards.
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13 (x) Perform all other administrative building and safety related duties. including developing and implementing office policies and procedures and assuring that files and plans are secured, organized and kept up to date. (xi) Meet with developers, homeowners, business owners, architects, engineers and the general public at the City or in the field, as the need dictates, to resolve grievances and/or respond to questions and ensure timely project processing in compliance with Federal, State and City laws and ordinances. (xii) Ensure all building related activity is entered into a city accessible permit tracking system in an accurate, complete and timely manner. (b) Consultant shall provide to the City the technical assistance necessary to prepare the periodic updates to the uniform building and safety, and fire codes, including any local amendments, in accordance with the schedules established by the State of California
2. BUILDING PLAN CHECK SERVICES
(a) Provide an ICC Certified Plans Examiner to be available at the Building Division Counter.
(i) Manage, coordinate and oversee the building permit and plan check, building inspection, building counter and building code enforcement processes in the absence of the Building Official.
(ii) Perform over-the-counter plan checks.
(iii). Answer technical questions from the public, including inquiries regarding building and safety codes and regulations.
(iv) Perform building plan checks.
(v) Assist in more difficult inspections, in addition to other duties as assigned. (b) Perform architectural, structural, plumbing, mechanical and electrical plan check review for buildings and structures for compliance with applicable Federal and State laws, building and safety codes, City ordinances, and acceptable engineering practices. Plans not checked by Consultant at the City's offices may be plan checked at the Consultant's local office.
(c) Confirm building use, occupancy, and type of construction, and review construction of buildings and structures to determine satisfaction of safety requirements.
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14 (d) Check for compliance with all applicable codes adopted by the City, including, but not limited to: Uniform Housing Code, California Building, Mechanical, Plumbing, and Electrical Codes, Uniform Swimming Pool Code, Uniform Solar Energy Code, and Sign, Tent, and Relocated Building Codes and any applicable adopted local amendment, State of California codes or regulations. (e) Review and approve building/structural rev1s1ons to plans required during construction.
(f) Calculate building permit and plan check fees, and review permit issuance. (g) Coordinate building permit requirements and interface with City Departments and other agencies, including but not limited to the Public Works Department, Planning Division, the Los Banos Fire Department and the Environmental Health Department of the County of Merced. This also includes Building Division review, comment and provision of "conditions of approval" for site plans and building plans as part of discretionary planning applications. (h)Provide expedited plan check when requested by the City.
3. BUILDING INSPECTION SERVICES
(a) Provide building inspection services by fully trained/certified inspectors for all construction regulated by all applicable Federal, State and City building and safety codes/ordinances.
(b) Inspect buildings and structures, for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances. (c)Inspect for compliance with conditions of approval set forth by the City's Community Development Department, Planning Commission, and/or City Council. (d)Coordinate with various City and County agencies and departments, including but not limited to the Los Banos Fire Department, Environmental Health Department of the County of Merced and other governmental agencies providing services, and/or having jurisdiction over any aspect of a development project in order to obtain compliance with the above building and safety codes and regulations. (e) Enforce conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City. (f) During inspections, issue stop/correct work notices, or notices of violation when violations of the above referenced codes and regulations occur. (g) Provide all vehicles, fuel, maintenance and other equipment necessary for 173
15 field personnel to carry out building permit inspections and duties. (h) Provide special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents.
(i) Input daily inspection information into a permit tracking system that is accessible to City staff.
4. BUILDING CODE ENFORCEMENT
(a) Provide inspection, investigation, and enforcement for violations to all the above referenced building and safety codes and regulations, as well as other adopted City ordinances, which relate to building and safety issues. (b) During inspections, prepare, document and issue stop/correct work notices, or notices of violation when violations of the above referenced codes and regulations occur.
(c) Prepare inspection Jogs, notice of violations and other documents of building and safety code violation cases for submittal to the City Attorney's office when prosecution action is necessary to obtain compliance with the above codes and regulations.
5. BUILDING COUNTER OPERATIONS
(a) Receive, process and issue building permits and coordinate the plan check and inspection process, including the tracking, routing and storage of building plans and the filing of building permit applications.
(b) Monitor and track the status of building permit applications and plan checks for expiration and develop a process to notify applicants prior to the expiration of their building permits.
(c) Keep daily logs of building permit and inspection act1v1t1es. Submit monthly, quarterly and annual reports of Consultant's activities to the City. The reports shall include, but not be limited to, the fees collected, the staffing levels provided, the staff hours expended, the number of permits issued, the number of inspections (by type) made, and other financial, operational, and statistical information pertinent to the Building Plan Check and Inspection services process. (d) Provide public information regarding building permit applications, plan check and inspection services and related matters.
(e) Identify and col1ect all required fees for building permit applications and other Building Division services. Facilitate the collection of fees from other department 174
16 and/or agencies that are due and payable prior to or concurrent with the issuance of a building permit.
(f) Establish, maintain and update all forms in compliance City requirements, regulations, adopted standards, State or other laws and ordinances necessary for the operation of the Building Division, including "hand-out" sheets which explain building permit application processing procedures identified as being provided by the City. 175
17 EXHIBIT B
PLAN CHECK TURNAROUND TIMES
TYPE OF REVIEW
INITIAL
REVIEW
BUSINESS
DAYS
RECHECK
BUSINESS
DAYS
Residential New Construction 10 5
Residential Additions 10 5
Small Residential Remodels 10 5
Commercial New Construction1 10 5
Commercial Additions 10 5
Small Commercial Remodels/ Tenant Improvements 10 5
Large/ Complex Commercial Projects1 10 5
Expedited 5 5
1Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround time, 4LEAF will notify the City's representative and negotiate additional time required to ensure an appropriate level of review.
2The number of working days associated with the plan check turnaround time is based on time of project submittal. The first working day will be the day the project is received by 4LEAF if submitted by 3:00 PM. For a project that is received by 4LEAF after 3:00 PM, the first working day will be the next business day.
Expedited Plan Check Services
At the City's request, 4LEAF can perform plan check services on an accelerated schedule.
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18 EXHIBIT C
FEE STRUCTURE
Building Administrative services such as but not limited to Building Official, Plan Review, and Permit Tech services are included in the following percentage-based fee. Plan review based on a percentage of fees includes initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions and RFIs will be charged at the appropriate hourly rate below. RFIs for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City.
I
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, 4LEAF will notify the City prior to proceeding. On each anniversary of the contract start date, 4LEAF will initiate a rate increase based on change in CPI for the applicable region. 4LEAF will mail an invoice every month for services rendered during the previous month.
REVIEW TYPE / ROLE ALL INCLUSIVE FEE/ HOURLY RATE
Complete Building Permit Processing 65% of City's Building Fees Collected Expedited Plan Review 95% of City's Building Plan Check Fee The below-listed hourly fees only apply when special handling is requested by the City.
Building Inspector $85
Supervising Building Inspector $95
Building Permit Technician $65
Civil Engineer and Structural Engineer $110
CASp Inspector/Consultant $140
Work performed in excess of 8 hours per day 1.5 x Hourly Rate Work performed after 5:00 PM 1.5 x Hourly Rate
Work performed on Saturdays 1.5 x Hourly Rate
Work performed on Sundays 2.0 x Hourly Rate
Work performed on holidays 2.0 x Hourly Rate
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178
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Soknirorn Than, City Manager
DATE: September 16, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Adoption of the City of Los Banos Fiscal Year 2026-27 State Legislative Priorities
______________________________________________________________________ Recommendation:
Adopt the Fiscal Year 2026-27 City of Los Banos State Legislative Priorities and authorize the City Manager, or designee, to advocate on behalf of the City consistent with the adopted legislative platform.
Background:
State legislative and regulatory actions have a significant impact on municipal operations, funding, service delivery, infrastructure development, housing, public safety, environmental compliance, and economic development. As Los Banos continues to grow, state policies increasingly influence the City's ability to address local priorities and deliver services efficiently to residents and businesses.
The City has historically engaged with state legislators, regional partners, advocacy organizations, and state agencies to advance local priorities and secure funding opportunities. Adoption of an annual legislative platform provides a framework for those advocacy efforts and allows the City to respond in a timely manner to legislation and budget proposals during the legislative session.
The proposed Fiscal Year 2026-27 Legislative Priorities were developed by Nossaman LLP, our state advocacy partner, based on City Council goals, General Plan objectives, adopted budget priorities, infrastructure needs, public safety objectives, and operational 179
ITEM 9
responsibilities. The platform is intended to remain broad enough to address evolving legislative issues while providing clear policy direction.
Discussion:
The legislative platform establishes guiding principles that enable the City to respond efficiently and consistently to emerging legislative issues while advancing Council priorities and community interests. The platform focuses on six (6) key policy areas:
1. Fiscal Stability, Local Control, and Core Services
a. The platform supports preserving local control over land use, public services, infrastructure planning, and fiscal decisions that are best addressed by locally elected officials. The City advocates for the protection of locally generated revenues, adequate funding for state-mandated programs, and regulatory flexibility that allows local governments to implement state requirements in a practical and cost-effective manner.
These priorities help ensure that Los Banos can continue providing essential services, including public safety, street maintenance, water and wastewater operations, parks, and community development services while maintaining long-term fiscal sustainability.
2. Water, Sustainability, and Environmental Resources
a. Reliable access to safe drinking water remains one of the City's most critical responsibilities. The platform supports state investments and policies that strengthen water quality compliance, groundwater sustainability, drought resilience, recycled water development, stormwater management, and regional water supply planning. The City also supports funding and technical assistance to address emerging contaminants and environmental requirements while minimizing financial impacts on ratepayers. Additionally, the platform recognizes the importance of climate resilience, emergency preparedness, and protecting community assets from natural and environmental hazards.
3. Economic Development, Downtown, and Local Jobs
a. Economic growth is essential to maintaining a healthy local economy and expanding opportunities for residents. The legislative platform supports policies and programs that promote business attraction and retention, workforce development, infrastructure readiness, small business support, and job creation. The City also seeks investment in downtown revitalization, public improvements, tourism, arts, culture, and placemaking initiatives that strengthen Downtown Los Banos as a community gathering place and economic center. These efforts support a diversified tax base and help ensure that growing inland communities receive equitable consideration in statewide economic development programs.
4. Housing, Growth, and Neighborhood Quality
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a. Los Banos continues to experience significant growth and housing demand.
The platform supports policies that encourage the development of attainable and affordable housing while recognizing the corresponding need for infrastructure, transportation improvements, public safety services, parks, and other community facilities. The City advocates for preserving local planning authority and ensuring that housing production requirements remain balanced with community character, infrastructure capacity, and neighborhood compatibility. The platform also supports practical solutions and funding opportunities related to homelessness, behavioral health services, substance abuse treatment, domestic violence prevention, and youth services.
5. Streets, Transportation, Utilities, and Public Facilities a. The City has substantial ongoing needs related to roadway maintenance, traffic safety improvements, utility infrastructure, stormwater systems, parks, public facilities, and technology investments. The legislative platform supports increased and sustainable funding sources for capital improvements, maintenance programs, and infrastructure modernization efforts. The City also seeks grant opportunities and financing tools that help fund critical projects while minimizing impacts on local taxpayers and utility ratepayers. Transportation investments that improve safety, reduce congestion, and enhance regional connectivity are particularly important to supporting future growth and economic development.
6. Public Safety and Emergency Response
a. Protecting residents and businesses remains a core City responsibility. The platform supports legislation and funding that strengthen police, fire, emergency medical, and disaster response capabilities. Priority areas include maintaining emergency response times, recruiting and retaining qualified personnel, investing in equipment and facilities, enhancing emergency preparedness, and supporting crime prevention initiatives. The City also recognizes the importance of youth programs, behavioral health services, violence prevention strategies, and community-based partnerships that address root causes of crime and improve neighborhood safety. Investments in emergency operations, disaster recovery, critical infrastructure protection, and mutual aid capabilities further support the City's commitment to public safety and community resilience.
Fiscal Impact:
Adoption of the Legislative Priorities does not have a direct fiscal impact. However, the platform provides guidance for pursuing grant funding, advocating for state budget appropriations, influencing legislation affecting municipal finances, and seeking resources that may reduce future costs or support City infrastructure and service needs. 181
Reviewed by:
_______________________________ _______________________________ Mary Lerner, City Attorney Minerva Moreno, Finance Director
Attachment:
1. Resolution
2. Draft 2026-2027 State Legislative Priorities
182
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS ADOPTING THE CITY OF LOS BANOS
FISCAL YEAR 2026-27 STATE LEGISLATIVE
PRIORITIES AND AUTHORIZING ADVOCACY
CONSISTENT WITH THE ADOPTED LEGISLATIVE
PLATFORM
WHEREAS, state legislation, regulations, budget actions, and grant programs directly affect the City of Los Banos' ability to provide municipal services, maintain infrastructure, protect public health and safety, and support economic development; and
WHEREAS, the City Council recognizes the importance of actively advocating for the interests of the City and its residents before the California Legislature, State agencies, statewide organizations, and other governmental entities; and
WHEREAS, the City of Los Banos in partnership with Nossaman LLP have developed a Fiscal Year 2026-27 State Legislative Priorities Platform to provide policy direction regarding legislative, regulatory, and funding matters affecting the City; and
WHEREAS, the Legislative Priorities Platform addresses issues related to fiscal stability, local control, core municipal services, water resources, environmental sustainability, economic development, housing, infrastructure, transportation, public facilities, public safety, and emergency response; and WHEREAS, the City Council has reviewed and considered the Fiscal Year 2026-27 State Legislative Priorities attached hereto as Attachment A and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:
Section 1: The foregoing recitals are true and correct and are incorporated herein as findings of the City Council.
Section 2: The City Council hereby adopts the City of Los Banos Fiscal Year 2026-27 State Legislative Priorities, attached hereto as Attachment A. 183
Section 3: The City Manager, or designee, is authorized to advocate on behalf of the City consistent with the adopted Legislative Priorities, including communicating positions to state legislators, state agencies, regional organizations, advocacy groups, and other governmental entities.
Section 4: The City Manager, or designee, may support, oppose, seek amendments to, or monitor legislation, regulations, budget proposals, funding opportunities, and policy matters that are substantially consistent with the adopted Legislative Priorities and the policy direction of the City Council.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September, 2026, by Council Member __________ who moved its adoption, which motion was duly seconded by Council Member __________ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
__________________________________
Lucille L. Mallonee, City Clerk
184
Attachment A
City of Los Banos 2026-27 State Legislative Priorities
Los Banos is a growing Central Valley community where state policy decisions directly affect the City’s ability to keep pace with local needs. The City’s 2026-27 legislative priorities focus on protecting core services, maintaining fiscal stability, improving public safety, repairing streets and roads, safeguarding clean drinking water, supporting responsible growth, and expanding local economic opportunity.
These priorities are intended to guide the City’s engagement on state legislation, budget proposals, regulations, and grant programs that affect Los Banos residents, businesses, neighborhoods, and public infrastructure. They reflect issues identified through City Council priorities, General Plan materials, adopted budget documents, and department responsibilities, and they provide direction for timely advocacy when legislation or funding opportunities arise.
Fiscal Stability, Local Control, and Core Services
The City is best served when local decisions about services, land use, infrastructure, public safety, fees, revenues, and community priorities remain accountable to Los Banos residents.
Locally generated revenues should remain available for local priorities, including the essential services needed to serve residents, businesses, and neighborhoods as Los Banos grows.
Los Banos prioritizes reliable core municipal services, including public safety, street maintenance, water and wastewater systems, parks, community development, and programs that support residents’ quality of life.
State and federal mandates should be adequately funded, flexible enough for local implementation, and designed to avoid shifting costs to Los Banos residents, ratepayers, or the City.
Los Banos seeks practical funding and technical assistance that help the City meet compliance obligations while continuing to provide reliable, affordable services to the community.
Water, Sustainability, and Environmental Resources
Clean drinking water and well-planned water facilities are essential to public health, daily life, and the City’s ability to serve existing residents and future growth.
Water quality requirements should be paired with workable implementation timelines, financial assistance, and tools that help local agencies monitor, treat, and address emerging contaminants and other public health concerns. 185
Long-term water reliability for Los Banos depends on drought resilience, groundwater sustainability, conservation, stormwater management, recycled water, and regional water supply coordination.
Parks, open space, agricultural lands, natural resources, and community assets contribute to Los Banos’ small-town character and should be considered in decisions affecting growth and quality of life.
Climate resilience, hazard mitigation, and emergency preparedness investments should reduce risks to public facilities, neighborhoods, transportation corridors, and utility systems.
Economic Development, Downtown, and Local Jobs
Los Banos seeks to attract and retain businesses, expand employment opportunities, prepare the local workforce, and strengthen the City’s tax base.
Infrastructure readiness, small business assistance, workforce partnerships, and economic development tools are important to making Los Banos a competitive place to invest and do business.
Growing inland communities need state policies that recognize their economic role and provide resources for job creation, business expansion, and balanced development near housing, schools, parks, and public services.
Land use and development decisions should allow Los Banos to address its unique economic, housing, infrastructure, transportation, and public service needs while maintaining local accountability.
Downtown revitalization, public improvements, beautification, arts and culture, tourism, and placemaking can reinforce Downtown Los Banos as a community gathering place and economic center.
Housing, Growth, and Neighborhood Quality
Housing policy should expand attainable and affordable housing options while recognizing the infrastructure, public safety, parks, schools, and transportation needs created by growth.
Homelessness, behavioral health, domestic violence, substance abuse, youth services, and reentry needs require practical partnerships that are workable for smaller and mid-sized communities.
Permit streamlining and housing production policies should preserve local planning, design, infrastructure phasing, and neighborhood compatibility standards.
Streets, Transportation, Utilities, and Public Facilities 186
Los Banos needs sustained investment in street repair, roadway safety, intersection controls, bridges, sidewalks, active transportation, transit access, water, wastewater, stormwater, parks, public buildings, and other essential public facilities.
Transportation investments should improve local streets and roads, reduce congestion, enhance neighborhood safety, and improve access to jobs, schools, services, and regional destinations.
Capital improvements, maintenance, and replacement of aging public assets require sustainable funding mechanisms that keep service levels aligned with community growth.
Utility infrastructure planning should include water and wastewater master planning, capital improvement programming, and access to grants or low-interest financing that reduce impacts on ratepayers.
Broadband, emergency communications, and technology investments should improve access, service delivery, and resilience for residents, businesses, and public agencies.
Public Safety and Emergency Response
Los Banos prioritizes the ability to answer 911 calls, maintain police and fire response times, recruit and retain qualified personnel, and provide the equipment, facilities, and technology needed for effective emergency response.
Neighborhood patrols, theft and auto-related crime prevention, residential burglary and robbery prevention, gang prevention, youth violence prevention, and other community safety priorities remain central to residents’ quality of life.
Crime prevention, enforcement, intervention, emergency medical response, fire protection, and community-based partnerships are most effective when grant programs allow local flexibility.
Early intervention, youth programs, behavioral health services, substance abuse treatment, and violence prevention strategies can reduce calls for service and improve neighborhood safety.
Emergency preparedness, disaster response, evacuation planning, mutual aid, fire resilience, critical infrastructure protection, Emergency Operations Center improvements, and community recovery capacity are essential to protecting Los Banos residents and public facilities.
187
City of Los Banos 2026-27 State Legislative Priorities
Los Banos is a growing Central Valley community where state policy decisions directly affect the City’s ability to keep pace with local needs. The City’s 2026-27 legislative priorities focus on protecting core services, maintaining fiscal stability, improving public safety, repairing streets and roads, safeguarding clean drinking water, supporting responsible growth, and expanding local economic opportunity.
These priorities are intended to guide the City’s engagement on state legislation, budget proposals, regulations, and grant programs that affect Los Banos residents, businesses, neighborhoods, and public infrastructure. They reflect issues identified through City Council priorities, General Plan materials, adopted budget documents, and department responsibilities, and they provide direction for timely advocacy when legislation or funding opportunities arise.
Fiscal Stability, Local Control, and Core Services
The City is best served when local decisions about services, land use, infrastructure, public safety, fees, revenues, and community priorities remain accountable to Los Banos residents.
Locally generated revenues should remain available for local priorities, including the essential services needed to serve residents, businesses, and neighborhoods as Los Banos grows.
Los Banos prioritizes reliable core municipal services, including public safety, street maintenance, water and wastewater systems, parks, community development, and programs that support residents’ quality of life.
State and federal mandates should be adequately funded, flexible enough for local implementation, and designed to avoid shifting costs to Los Banos residents, ratepayers, or the City.
Los Banos seeks practical funding and technical assistance that help the City meet compliance obligations while continuing to provide reliable, affordable services to the community.
Water, Sustainability, and Environmental Resources
Clean drinking water and well-planned water facilities are essential to public health, daily life, and the City’s ability to serve existing residents and future growth.
Water quality requirements should be paired with workable implementation timelines, financial assistance, and tools that help local agencies monitor, treat, and address emerging contaminants and other public health concerns.
Long-term water reliability for Los Banos depends on drought resilience, groundwater sustainability, conservation, stormwater management, recycled water, and regional water supply coordination.
Parks, open space, agricultural lands, natural resources, and community assets contribute to Los Banos’ small-town character and should be considered in decisions affecting growth and quality of life.
188
Climate resilience, hazard mitigation, and emergency preparedness investments should reduce risks to public facilities, neighborhoods, transportation corridors, and utility systems.
Economic Development, Downtown, and Local Jobs
Los Banos seeks to attract and retain businesses, expand employment opportunities, prepare the local workforce, and strengthen the City’s tax base.
Infrastructure readiness, small business assistance, workforce partnerships, and economic development tools are important to making Los Banos a competitive place to invest and do business.
Growing inland communities need state policies that recognize their economic role and provide resources for job creation, business expansion, and balanced development near housing, schools, parks, and public services.
Land use and development decisions should allow Los Banos to address its unique economic, housing, infrastructure, transportation, and public service needs while maintaining local accountability.
Downtown revitalization, public improvements, beautification, arts and culture, tourism, and placemaking can reinforce Downtown Los Banos as a community gathering place and economic center.
Housing, Growth, and Neighborhood Quality
Housing policy should expand attainable and affordable housing options while recognizing the infrastructure, public safety, parks, schools, and transportation needs created by growth.
Homelessness, behavioral health, domestic violence, substance abuse, youth services, and reentry needs require practical partnerships that are workable for smaller and mid-sized communities.
Permit streamlining and housing production policies should preserve local planning, design, infrastructure phasing, and neighborhood compatibility standards.
Streets, Transportation, Utilities, and Public Facilities Los Banos needs sustained investment in street repair, roadway safety, intersection controls, bridges, sidewalks, active transportation, transit access, water, wastewater, stormwater, parks, public buildings, and other essential public facilities.
Transportation investments should improve local streets and roads, reduce congestion, enhance neighborhood safety, and improve access to jobs, schools, services, and regional destinations.
Capital improvements, maintenance, and replacement of aging public assets require sustainable funding mechanisms that keep service levels aligned with community growth.
Utility infrastructure planning should include water and wastewater master planning, capital improvement programming, and access to grants or low-interest financing that reduce impacts on ratepayers.
189
Broadband, emergency communications, and technology investments should improve access, service delivery, and resilience for residents, businesses, and public agencies.
Public Safety and Emergency Response
Los Banos prioritizes the ability to answer 911 calls, maintain police and fire response times, recruit and retain qualified personnel, and provide the equipment, facilities, and technology needed for effective emergency response.
Neighborhood patrols, theft and auto-related crime prevention, residential burglary and robbery prevention, gang prevention, youth violence prevention, and other community safety priorities remain central to residents’ quality of life.
Crime prevention, enforcement, intervention, emergency medical response, fire protection, and community-based partnerships are most effective when grant programs allow local flexibility.
Early intervention, youth programs, behavioral health services, substance abuse treatment, and violence prevention strategies can reduce calls for service and improve neighborhood safety.
Emergency preparedness, disaster response, evacuation planning, mutual aid, fire resilience, critical infrastructure protection, Emergency Operations Center improvements, and community recovery capacity are essential to protecting Los Banos residents and public facilities. 190
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: September 16, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Progress Update – Development Services Center (former Police Annex) ______________________________________________________________________ Recommendation:
Receive an informational update regarding the Development Services Center (former Police Annex) Adaptive Reuse Project located at 535 J Street.
Project Update:
The City of Los Banos is advancing the renovation and adaptive reuse of the former Police Annex building located at 535 J Street into a new Development Services Center and City Hall Annex. The project will consolidate Community and Economic Development, Building, Public Works Administration, Engineering, Fire Prevention, and related publicfacing services into a centralized location designed to improve customer service, accessibility, and operational efficiency. The existing two-story building contains approximately 11,255 square feet and is located within the Downtown Mixed-Use area.
The project includes interior renovations to create public service counters, customer waiting areas, meeting spaces, staff workstations, and administrative offices. Exterior improvements include modernization of the building façade, landscaping, pedestrian walkways, parking lot enhancements, public art, and a public plaza that will create a more inviting civic presence in the downtown area. The project reuses an existing public facility without expanding the building footprint and maintains the site's established circulation patterns and municipal office use.
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ITEM 10
On September 9, 2026, the Planning Commission considered and approved Site Plan Review No. 2026-08 and determined the project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).
Next Steps:
The project team is currently completing the Schematic Design phase of the project. The approved schematic design will be further refined through construction document preparation and cost estimating as part of the City's Progressive Design-Build process.
The current project schedule anticipates completion of schematic design in October 2026, followed by preparation of construction documents and development of a Guaranteed Maximum Price (GMP) proposal.
Staff will be returning to the City Council with the final project design, project budget updates, and a GMP contract amendment for Council consideration and authorization to proceed with construction.
Fiscal Impact:
The Development Services Center project is funded through appropriations included in the Fiscal Year 2026-27 Budget. No additional appropriation is requested as part of this informational update.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Site Plan
192
J Street
6th Street
North
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
01 Existing Site Aerial
PROPERTY DETAILS:
• Address: 535 J Street, Los Banos, CA 93635
• APN: 026-052-021
• Land Use Designation: Downtown Mixed Use
• Zoning District: Mixed Use (M-X)
• Building Area:
First Floor 5,170sf
Second Floor 6,085sf
11,255 sf Total
• Proposed Provided on Next Slide
193
J Street
6th Street
North
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
02 Proposed Site Sketch
PROPERTY DETAILS:
• Address: 535 J Street, Los Banos, CA 93635
• APN: 026-052-021
• Land Use Designation: Downtown Mixed Use
• Zoning District: Mixed Use (M-X)
• Building Area:
First Floor 5,170sf
Second Floor 6,085sf
11,255 sf Total
• Parking:
20 Stalls On-Site [2 accessible]
• Landscaping:
3 Existing Street Trees to Remain
22 New Trees to Provide 50% Shade
• Hardscape:
8,141sf Asphalt
2,680sf Stamped Concrete
1,307sf Concrete
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PROPOSED
CITY HALL ANNEX
J Street 6th Street
North
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
03 Proposed Site Rendering
195
1 1
2 2
3 3
4 4
5 5
6 6
F
F
D
D
C
C
B
B
A
A
E
E
Conference
Room
A3
Storage
D6
Kitchenette
C3
Stairs 'A'
D3
Break Room
C1
Stairs 'B'
D4
Janitor Room
D12
Public Lobby
A1
Public
Counter
A2
B7
B11
Worktable
Kiosk Pass-Thru
Drawer
Copy Area
C11
Touchdown
C12
Public
Restroom
A4
Public
Restroom
A5
Staff
Vestibule
A6
Staff
Restroom
D3
Public
Counter Workstations
B5
Lactation
Room
C3
D/F
Library
Elevator
C8
A4
FIRST FLOOR PLAN - PROPOSED - SCHEME 2
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
04 Proposed First Floor Plan
196
1 1
2 2
3 3
4 4
5 5
6 6
F
F
D
D
C
C
B
B
A
A
E
E
Engineer
Office
B7
CED
Director
B10
CBO
B18
Office
B17
Office
B16
Engineer
Office
B3
Storage
D2
P/W
Director
B1
Stair 'A'
D3
Library
C6
Fire Deputy
Office
B14
Secure
Storage
B15
Server
D14
Board Room
C5
Stair 'B'
D4
Stair
Landing
D15
Staff
Restroom 'A'
D11
Cafe
C7
Staff
Restroom 'B'
D10
Storage 'A'
D7
Staff
Restroom 'C'
D9
Open
Workstations
B2
Upper Lobby
Shelving
Storage
D8
B6
B9
B13
Collaboration
Table
C15
Touchdown
C13
Touchdown
C14
Copy
C11
Copy
C10
Shelving Plotter
B4
A6
SECOND FLOOR PLAN - PROPOSED - SCHEME 2
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
05 Proposed Second Floor Plan
197
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
06 Proposed J Street Elevation
198
1/8" = 1'-0"
PRECEDENT IMAGES FIBER CEMENT PANELS
NOT TO SCALE
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
07 Proposed Facade Material
199
Patio
Stamped Concrete
Remove (E) Apron
[Close to Traffic]
Raised Planter
Raised Planter
[Low Planting]
Crossroads Outdoor
Sculpture
Staff Entry
Concrete Walkway
[Flush with Asphalt]
Equipment Pad
Utility Closet
Exit from Stair
Concrete Walkway
Asphalt
Trash Enclosure
Exterior Transformer &
Switchgear
Rolling Entry/Exit Gate
Primary Entry
PROPOSED CITY
HALL ANNEX
Los Banos City Hall Annex
SCHEMATIC DESIGN
2 September 2026
08 Proposed Site Plan
200
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Christy McCammond, Housing Program Manager
Stacy Souza Elms, Community and Economic Development Director DATE: September 16, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Homeless Housing, Assistance, and Prevention (HHAP) Program Contract ______________________________________________________________________ Recommendation:
Adopt a resolution approving the Homeless Housing, Assistance, and Prevention (HHAP) Program Contract with the County of Merced, acting as the Administrative Entity for the Merced City and County Continuum of Care, and approve the associated budget amendment and authorizing the City Manager to execute the Contract.
Background:
On December 3, 2025, the County of Merced released a Request for Proposals (RFP) No. 7646, for funding available through the State of California’s HHAP Program to support Rapid Rehousing activities. The HHAP Program provides flexible funding to cities, counties, and Continuums of Care to assist individuals experiencing homelessness and increase access to housing and supportive services.
On December 22, 2025, the City of Los Banos submitted a proposal in response to the County’s RFP.
On February 4, 2026, the County issued an Intent to Negotiate letter notifying the City that its proposal had been ranked the highest and selected for funding in the amount of $134,500.00.
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ITEM 11
The funding will support Rapid Rehousing activities, including rental deposits, rental application fees, landlord engagement, and landlord incentives. While the primary focus of the funding will be to support residents housed through the One Tree Permanent Supportive Housing project, the funds may also be used to assist eligible individuals residing in other rental housing throughout the community.
On August 11, 2026, the County submitted the draft agreement to the City for review. The agreement has since been reviewed by the City Attorney and Finance Director and is now presented to the City Council for approval and authorization of execution by the City Manager.
Discussion:
The City's Housing Division is responsible for coordinating local efforts to address homelessness. Services include outreach and engagement, case management, housing navigation, and connections to supportive services, benefits, healthcare, and housing resources. The Housing Division also actively pursues grant funding opportunities to expand housing options and services for individuals experiencing homelessness.
According to County Continuum of Care 2026 Point-in-Time Count, 101 individuals experiencing homelessness were identified within the City of Los Banos.
Approval of the HHAP contract will provide additional resources to remove common barriers to housing, including rental deposits and application costs. The funding will also support landlord engagement efforts and incentive programs designed to increase housing opportunities for individuals experiencing homelessness. These resources will enhance the City's ability to successfully place eligible individuals into permanent housing, including units within the One Tree Permanent Supportive Housing development.
The proposed contract will provide $134,500 in grant funding to support rapid rehousing efforts and assist individuals experiencing homelessness in obtaining and maintaining permanent housing.
Fiscal Impact:
There is no impact to the General Fund. Acceptance of the HHAP grant will increase both revenues and expenditures by $134,500 in Fiscal Year 2026-27. Grant revenue will be recognized in Account No. 100-000-339-010 (Other Grants), with corresponding expenditures appropriated in Account No. 100-419-130-273 (Special Departmental Expense) for eligible HHAP program activities.
Reviewed by:
202
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. HHAP Agreement
3. Merced County, Intent to Negotiate Letter, dated February 4, 2026 203
THIS PAGE IS INTENTIONALLY LEFT BLANK
204
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A HOMELESS
HOUSING, ASSISTANCE, AND PREVENTION
(HHAP) PROGRAM AGREEMENT WITH THE
COUNTY OF MERCED; APPROVING A BUDGET
AMENDMENT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the California Homeless Housing, Assistance, and Prevention (HHAP) Program provides funding to cities, counties, and continuums of care to support regional efforts to prevent and reduce homelessness; and WHEREAS, on December 3, 2025, the County of Merced released Request for Proposals No. 7646 for HHAP-funded Rapid Rehousing activities; and WHEREAS, the City of Los Banos submitted a proposal in response to the County's Request for Proposals and was subsequently awarded $134,500 in HHAP funding on February 4, 2026, to administer Rapid Rehousing activities; and WHEREAS, the HHAP funding will assist individuals experiencing homelessness by providing rental application fees, rental deposits, landlord incentives, and other eligible Rapid Rehousing activities; and
WHEREAS, acceptance of the HHAP funding requires execution of an agreement with the County of Merced and the establishment of corresponding revenue and expenditure appropriations.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Los Banos does hereby:
Section 1. The City Council hereby approves the agreement with the County of Merced and accepts the award of Homeless Housing, Assistance, and Prevention (HHAP) Program funding from the County of Merced in the amount of $134,500.
Section 2. The City Council hereby approves a budget amendment increasing HHAP grant revenues and corresponding expenditure appropriations by $134,500 for Fiscal Year 2026-27.
Section 3. The City agrees to administer and expend grant funds in accordance with all applicable HHAP Program requirements and the terms of the agreement with the County of Merced.
205
Section 4. The City Manager, or designee, is authorized to execute the HHAP Program Agreement with the County of Merced and any related documents necessary to carry out the intent of this Resolution.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
_________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
206
1 AGREEMENT FOR SPECIAL SERVICES
BETWEEN
CITY OF LOS BANOS
AND
MERCED COUNTY HUMAN SERVICES AGENCY – ADMINISTRATIVE ENTITY CONTRACT NO. __________
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, on behalf of the Human Services Agency, acting as the Administrative Entity for the Merced City and County Continuum of Care (hereinafter referred to as "AE") and the City of Los Banos located at 520 J Street, Los Banos, CA 93635 (hereinafter referred to as "Contractor".) WHEREAS, the AE desires to contract with Contractor for special services which consist of rapid re-housing and case management services for individuals and families experiencing homelessness in Merced County; and
WHEREAS, Contractor is specially trained, experienced, and competent to perform such services in connection with providing rapid re-housing and case management services in compliance with and according to the rules, regulations and guidelines of the Homeless Housing, Assistance and Prevention Grant; and
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1. SCOPE OF SERVICES
Contractor shall provide rapid re-housing and case management services in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto.
The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:
Exhibit A - Assurance of Compliance
Exhibit B - Scope of Work
Exhibit C - Budget
Exhibit D - Federal Compliance Requirements
Exhibit E - Housing Exhibit
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2 2. TERM
The term of this Agreement shall commence on September 1, 2026, and continue until the June 30, 2027, unless sooner terminated in accordance with the sections entitled “TERMINATION FOR CONVENIENCE,” “TERMINATION FOR CAUSE,” or “CONDITION SUBSEQUENT TO NON-APPROPRIATION OF FUNDING,” as set forth elsewhere in this Agreement.
3. COMPENSATION
AE agrees to pay Contractor a Total Contract Price of one hundred thirty-four thousand five hundred dollars and no cents ($134,500.00) for all of Contractor’s services to be provided herein, as are more specifically set forth under Section 1, "SCOPE OF SERVICES." The Total Contract Price shall include all of AE’s compensation to Contractor, including reimbursement for all expenses incurred by Contractor in the performance of this Agreement. No other fees or expenses of any kind shall be paid to Contractor in addition to the Total Contract Price. In no event shall the total services to be provided hereunder exceed the Total Contract Price. This fee may be subject to withholding for State of California income tax.
Any and/or all payments made under this Agreement shall be paid by check, payable to the order of the Contractor and be mailed or delivered to Contractor at:
Name: City of Los Banos
Address: 520 J Street
City/State/Zip: Los Banos, CA 93635
Contractor may request that AE mail the check to Contractor, to such other address as Contractor may from time to time designate to AE. Such request must be made in writing in accordance with the procedures as outlined under Section 7, “NOTICES.”
4. PRICING CONDITIONS
AE agrees to pay Contractor for all services required herein as prescribed, fixed at the submitted pricing, which shall include reimbursement for all expenses incurred.
No other expenses shall be paid to Contractor without formal approval of the AE’s Board of Supervisors or its authorized agent. In no event shall the total services to be performed hereunder exceed one hundred thirty-four thousand five hundred dollars and no cents ($134,500.00).
AE shall not be responsible for any charges or expenses incurred by Contractor, his/her agents, employees or independent contractors, other than those listed herein, in connection with the performance of services hereunder unless authorized in advance in writing by AE.
208
3 5. TERMS OF PAYMENT
Payment shall be only for full and complete satisfactory performance of the services required to be provided herein and as set forth under Section 1, "SCOPE OF SERVICES." Payment shall be made in the following manner:
Contractor shall submit monthly itemized invoices, or alternate documentation as deemed appropriate in advance by AE, for services it has provided and for the amount owed under this Agreement. Monthly Invoices are due by the 15th following the month of service. The final invoice, with services rendered through June is due by July 5th. In addition to the invoices submitted by the Contractor for payment, Contractor must complete and submit to the AE, Form W9, “A Request for Taxpayer Identification Number and Certification”. www.irs.gov/pub/irs-pdf/fw9.pdf. Both invoices and the W-9 form shall be forwarded to the AE at the AE address indicated under Section 7, “NOTICES” of this Agreement.
Each invoice or approved alternate documentation must:
A. Detail by task the service performed by Contractor.
B. Detail the labor cost (number of hours) attributed to each task.
C. Show the cumulative cost for all tasks performed to date.
D. Provide any additional information and data requested by AE as deemed necessary by AE to properly evaluate or process Contractor’s claim.
Upon approval by AE, the fee due hereunder shall be paid to Contractor within thirty (30) days following receipt of a proper invoice.
6. NO PAYMENT FOR SERVICE PROVIDED FOLLOWING EXPIRATION /
TERMINATION OF AGREEMENT
Contractor shall have no claim against AE for payment of any kind whatsoever for any services provided by Contractor which were provided after the expiration or termination of this Agreement.
7. NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:
A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.
209
4 B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.
D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.
Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.
Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
County of Merced c/o City of Los Banos
Human Services Agency 520 J Street
P.O. Box 112 Los Banos, CA 93635
Merced, CA 95341
Attn: Contracts Monitoring Unit
Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.
8. CONDITION SUBSEQUENT TO NON-APPROPRIATION OF FUNDING The compensation paid to Contractor pursuant to this Agreement is based on AE’s continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the AE arising from this Agreement shall be immediately discharged. AE agrees to inform Contractor no later than ten (10) calendar days after the AE determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor arising out of performance of this Agreement must be submitted to AE prior to the final date for which funding is available. In the alternative, AE and 210
5 Contractor may agree, in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also, in the alternative, if funding is provided to the AE in the form of promises to pay at a later date, whether referred to as “government warrants”, “IOUs”, or by any other name, the AE may, in its sole discretion, provide similar promises to pay to the Contractor, which the Contractor hereby agrees to accept as sufficient payment until cash funding becomes available.
9. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by AE at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination.
Upon effective date of termination, AE shall have no further liability to Contractor except for payment for actual services incurred during the performance hereunder.
Such liability is limited to the time specified in said notice and for services not previously reimbursed by AE. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by Contractor prior to, and in connection with, discontinuing the work hereunder.
10. TERMINATION FOR CAUSE
The AE may terminate this Agreement and be relieved of making any payments to Contractor and all duties to Contractor should the Contractor fail to perform any material duty or obligation of the Agreement. Notice shall be given as otherwise provided herein. In the event of such termination the AE may proceed with the work in any manner deemed proper by the AE. All costs to the AE shall be deducted from any sum otherwise due the Contractor and the balance, if any, shall be paid to the Contractor upon demand. Such remedy is in addition to such other remedies as may be available to the AE provided by law.
11. MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
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6 12. INSURANCE
A. Insurance Requirements
Prior to the commencement of work, and as a precondition to this Agreement, Contractor shall purchase and maintain the following types of insurance for the stated minimum limits indicated during the term of this Agreement. Contractor shall provide a certificate of insurance (COI) and endorsements on each policy as required in this Section. Each COI shall specify if Contractor has a self-insured retention (SIR), and if so, Contractor shall be required to provide the entire policy of insurance with which it has an SIR and/or deductible. All deductibles and SIRs shall be fully disclosed in the COI and are subject to the express written permission of the AE Risk Manager.
1. Commercial General Liability (CGL): $1,000,000 per occurrence and $2,000,000 annual aggregate covering products and completed operations, bodily injury, personal injury and property damage. The AE and its officers, employees and agents shall be endorsed to above policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage, or alternatively split limits of $500,000 per person and $1,000,000 per accident for bodily injury with $250,000 per accident for property damage.
3. Workers Compensation: Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the AE.
4. Professional Liability (Errors and Omissions): $1,000,000 limit per occurrence and $5,000,000 annual aggregate limit covering Contractor’s wrongful acts, errors and omissions. Any aggregate limit for professional liability must be separate and in addition to any CGL aggregate limit. Claims – made coverage requires Contractor to maintain a minimum of three (3) years extended reporting period or tail coverage.
5. Technology Professional Liability Errors and Omissions Insurance appropriate to the Contractor’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Contractor in this agreement and shall include, but 212
7 not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the
Contractor. If not covered under the Contractor’s liability policy, such “property” coverage of the Agency may be
endorsed onto the Contractor’s Cyber Liability Policy as covered property as follows:
b. Cyber Liability coverage not less than $2,000,000 per occurrence, and sufficient to cover, the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency that will be in the care, custody, or control of Contractor.
B. Insurance Conditions
1. Insurance is to be primary and non-contributory with any insurance of the AE and placed with admitted insurers rated by A.M. Best Co. as A: VII or higher. Lower rated, or approved but not admitted insurers, or any other requirement changes (such as limits) are subject to the prior approval of the AE Risk Manager.
2. Each of the above required policies shall be endorsed to provide the AE with thirty (30) days prior written notice of cancellation. The AE is not liable for the payment of premiums or assessments on the policy.
No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of Contractor to furnish insurance during the term of this Agreement.
3. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the AE requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AE.
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8 4. If the Contractor uses subcontractors or others to perform work under this Agreement, such subcontractors or other persons shall be Named Insured or Additionally Insured to the Contractor’s required insurance coverage, or required by the Contractor to comply with equivalent insurance and conditions of this Section.
13. INDEMNIFICATION
Contractor has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, AE, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney’s fees, costs, experts’ fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of Contractor.
Contractor’s liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the Contractor, its agents, subcontractor and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of AE. This duty shall arise at the first claim or allegation of liability against AE. Contractor will on request and at its expense defend any action, suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.
14. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that Contractor is an independent contractor in the performance of the work duties and obligations devolving upon Contractor under this Agreement. AE shall neither have, nor exercise any control or direction over the methods by which Contractor shall perform the assigned work and functions. The contractual interest of AE is to assure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.
It is agreed that no employer-employee relationship is created and Contractor shall hold AE harmless and be solely responsible for withholding, reporting and payment of any federal, state or local taxes; any contributions or premiums imposed or required by workers' compensation; any unemployment insurance; any social security income tax; and any other obligations from statutes or codes applying to Contractor, or its subcontractors and employees, if any. 214
9 It is mutually agreed and understood that Contractor, its subcontractors and employees, if any, shall have no claim under this Agreement or otherwise against the AE for vacation pay, sick leave, retirement or social security benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.
Contractor shall ensure that all its personnel and employees, subcontractors and their employees, and any other individuals used to perform the contracted services are aware and expressly agree that AE is not responsible for any benefits, coverage or payment for their efforts.
15. RECORDS, INFORMATION AND REPORTS
Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, AE shall have free access at all proper times or until the expiration of five 5 years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.
To the extent permitted by law, Contractor shall furnish AE such periodic reports as AE may request pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations incurred or to be incurred in connection therewith shall be borne by the Contractor.
16. OWNERSHIP OF DOCUMENTS
To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by Contractor hereunder are the exclusive property of AE and upon request of AE shall be delivered to AE upon completion of the services authorized hereunder. In the event of termination, all finished or unfinished documents and other materials, if any, at the option of AE, and to the extent permitted by law, shall become the property of the AE. Contractor may retain copies thereof for its files and internal use.
Any publication of information directly derived from work performed or data obtained in connection with services rendered under this Agreement must be first approved by AE.
17. QUALITY OF SERVICE
Contractor shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, 215
10 information, specifications, and/or other items and services furnished under this Agreement.
Contractor shall, without additional compensation, correct or revise any errors or deficiencies immediately upon discovery in its reports, drawings, specifications, designs, and/or other related items or services.
18. PERSONAL SATISFACTION AS A CONDITION PRECEDENT
The obligations of AE as provided in this Agreement are expressly conditioned upon Contractor’s compliance with the provisions of this Agreement to the personal satisfaction of the AE. AE shall determine compliance in good faith as a reasonable person would under the circumstances.
19. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.
20. AE NOT OBLIGATED TO THIRD PARTIES
AE shall not be obligated or liable hereunder to any party other than Contractor.
21. LAWS, LICENSES, PERMITS AND REGULATIONS
Contractor and AE agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to Contractor and AE, their subgrantees, Contractors, or subcontractor, and their work.
Contractor shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Merced and all other appropriate governmental agencies, including any certification and credentials required by AE. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by AE.
22. LIMITED EFFECT OF WAIVER OR PAYMENT
In no event shall the making, by AE, of any payment to Contractor constitute, or be construed as, a waiver by AE of any breach of covenant, or any default which may then exist, on the part of Contractor. The making of any such payment by AE while any such breach or default shall exist, shall not be construed as acceptance 216
11 of substandard or careless work or as relieving Contractor from its full responsibility under this Agreement.
No waiver by either party of any default, breach or condition precedent shall be valid unless made in writing and signed by the parties hereto. No oral waiver of any default, breach or condition precedent shall be binding on any of the parties hereto. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.
23. PERSONNEL
Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
24. APPLICABLE LAW; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No interpretation of any provision of this Agreement shall be binding upon AE unless agreed in writing by AE and counsel for AE.
Notwithstanding any other provision of this Agreement, any disputes concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.
25. BREACH OF CONTRACT
Upon breach of this Agreement by Contractor, AE shall have all remedies available to it both in equity and/or at law.
26. REMEDY FOR BREACH AND RIGHT TO CURE
Notwithstanding anything else in this Agreement to the contrary, if Contractor fails to perform any obligation of this Agreement, the AE may itself perform, or cause the performance of, such agreement or obligation. In that event, Contractor will, on demand, fully reimburse AE for all such expenditures. Alternatively, AE, at its option, may deduct from any funds owed to Contractor the amount necessary to cover any expenditures under this provision. This is in addition to any other remedies available to the AE by law or as otherwise stated in this Agreement. 217
12 27. SUCCESSORS IN INTEREST
All the terms, covenants, and conditions of this Agreement shall be binding and in full force and effect upon any successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.
28. CONFLICT OF INTEREST
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Contractor shall ensure that no conflict of interest exists between its officers, employees, or subcontractors, and the AE. Contractor shall ensure that no AE officer or employee in a position that enables them to influence this Agreement will have any direct or indirect financial interest resulting from this Agreement. Contractor shall ensure that no AE employee shall have any relationship to the Contractor or officer or employee of the Contractor, nor that any such person will be employed by Contractor in the performance of this Agreement without immediate divulgence of such fact to the AE.
29. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND
FACILITIES
Contractor and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, deny family care leave, harass, or allow harassment against any employee, applicant for employment, employee or agent of AE, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, gender (including identity and expression), sexual orientation, age (over 40), medical condition (including HIV and AIDS), physical or mental disability, or any other legally prohibited basis. Contractor shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of AE employees and agents, and recipients of services are free from such discrimination and harassment.
Contractor represents that it is in compliance with and agrees that it will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.), and ensure a workplace free of sexual harassment pursuant to Government Code 12950 and regulations and guidelines issued pursuant thereto.
Contractor agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable anti-discrimination laws and this provision. 218
13 Contractor shall include this nondiscrimination provision in all subcontracts related to this Agreement and when applicable give notice of these obligations to labor organizations with which they have Agreements.
30. CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.
31. SUBCONTRACTS - ASSIGNMENT
Contractor shall not subcontract or assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily, to any person without obtaining the prior written consent by AE. Contractor remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts. Any subcontracting will be subject to all applicable provisions of this Agreement. Contractor shall be held responsible by AE for the performance of any subcontractor whether approved by AE or not.
Contractor hereby assigns to the AE all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, materials, or services by the Contractor for sale to the AE pursuant to this Agreement.
32. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected.
Compensation due to Contractor from the AE may, however, be adjusted in proportion to the benefit received despite the removal of the effected provision.
33. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.
Signature page to follow
219
14 SIGNATURES
MERCED COUNTY CITY OF LOS BANOS
HUMAN SERVICES AGENCY
– ADMINISTRATIVE ENTITY
By: _________________________ By: ____________________________ John Ceccoli Soknirorn Than
Director City Manager
Date: _______________________ Date: ____________________
APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL
By: _________________________
Breana McMahon
Deputy County Counsel
Date: _______________________
220
15 EXHIBIT A
ASSURANCE OF COMPLIANCE
WITH THE MERCED COUNTY HUMAN SERVICES AGENCY
NON-DISCRIMINATION IN STATE
AND FEDERALLY ASSISTED PROGRAMS
City of Los Banos
VENDOR/RECIPIENT
HEREBY AGREES THAT it will comply with the Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular, Section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11135-11139.5, as amended; California Government Code Section 12940 (c), (h) (l), (i), and (j); California Government Code, Section 4450; Title 22, California Code of Regulations Section 98000-98413; the Dymally-Alatorre Bilingual Services Act; Section 1808 Removal of Barriers to Inter Ethnic Adoption Act of 1996 and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations [CFR] Parts 80, 84, and 91; 7 CFR Part 15; and 28 CFR Part 35), by ensuring that employment practices and the administration of public assistance and social services programs are non-discriminatory, to the effect that no person shall, because of age, sex, color, disability, national origin, race, marital status, religion, or political affiliation, be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVES US ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discriminate or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.
BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules, and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours to review such records, books, and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135- 11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance. 221
16 THIS ASSURANCE is binding on vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance.
DATE Soknirorn Than
520 J Street
Los Banos, CA 93635
222
17 EXHIBIT B
SCOPE OF WORK
The Contractor shall provide the following services and assume the following responsibilities.
Eligibility Requirements
1. Participant Eligibility
A. Participants must meet the criteria of at least one of the following definitions:
1. 24 CFR 578.3 “Homeless” under subsection (1)
2. 24 CFR 578.3 “Homeless” under subsection (4)
B. Participant shall be a resident of the County of Merced Project Implementation
2. The Contractor shall develop and implement the project and offer the full suite of program services within thirty (30) calendar days from the start date of this agreement.
This shall include development and implementation of at minimum, the following items. See the Recordkeeping and Retention section of the “Housing Exhibit” for more information on relevant program documentation.
A. HMIS Project Setup
B. Staffing Capacity
C. Policies and Procedures
D. Site Control
E. Program Forms
1. Assessments
2. Certification of Homelessness
3. Duplication of Benefits Analysis
4. Fair Market Rent Certification
5. Grievance and Appeals
6. Housing Habitability Inspections
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18 7. Housing Stability Plans
8. Incident Reporting
9. Intake/Enrollment
10.Lead Based Paint Screening
11.Release of Information
12.Rent Reasonableness Analysis
13.Rental Assistance Agreements
14.VAWA Lease Addendum
15.Verification of Income
Rapid Re-Housing
3. Contractor shall provide Rapid Re-Housing services to individuals and families experiencing homelessness.
4. Provide Rapid Re-Housing (RRH) services that align with the HHAP Program eligible activities per HSC 50243(e)(1)(A)-(C) and HSC 50243(e)(2)(A). Allowable activities and costs include:
A. Application Fees;
B. Security deposits, not to exceed one month’s rent;
C. Last month’s rent, paid during the remittance of the security deposit; D. Move-in expenses;
E. Rental subsidies for a maximum of twenty-four (24) months and in an amount up to FMR; and
F. Landlord incentives
1. Examples:
a. Holding Fees
b. Security Deposits
c. Repair Costs
224
19 d. Recruitment and Relationship Management
5. Contractor shall provide emergency shelter services in the form of hotel or motel stays not to exceed eighty-one thousand two hundred ninety-five dollars and seventy-four cents ($81,295.74).
A. Hotel and motel stays must be pre-approved by the AE.
6. Contractor shall have experienced and adequate staff with expertise to provide Rapid Re-Housing services.
A. Staff must have the capacity to assist clients in culturally and linguistically appropriate and accessible ways.
7. Submit reports to include the following information, as requested by the AE A. Number of Clients served within reporting period
B. Number of Clients served (overall)
C. Number of Clients on waiting list (if applicable)
D. Number of individual exits to permanent housing
E. Service referrals
F. Progress towards completion of client goals
G. Racial and ethnic demographics (HMIS data)
8. Contractor will ensure activities performed under this Agreement are eligible and consistent with the Housing First practices described in California Code of Regulations, title 25, section 8409(b)(1)-6; and comply with all State and Federal laws, rules, regulations that pertain to health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the State of California, HHAP grants, and the AE.
9. Ensure that services provided align with the Merced CoC Rapid Re-Housing Policy and Procedure.
Case Management
10.Case management, peer navigation, housing navigation, and service coordination services shall be provided to all program participants.
A. Ensure staff establish trusting relationships with the participants and their families while providing general support and encouragement. 225
20 B. Provide services that are respectful of the cultural, racial, gender, and sexual identities of clients, as well as their specific needs and experiences.
C. Provide services in a trauma-informed manner, understanding that many clients may have experienced significant trauma.
D. Ensure that services are provided in a non-discriminatory manner, treating all clients with dignity and respect regardless of their background or circumstances.
E. Regularly assess the effectiveness of case management services through client feedback, staff input, and data analysis.
F. Make necessary adjustments to case management strategies based on evaluation results to ensure better outcomes for clients.
G. Ensure that all staff have the necessary resources, training, and capacity to effectively meet the diverse needs of participants. Submit proof of relevant training completed by staff to the AE upon request.
H. Employ Critical Time Intervention (CTI) techniques. CTI is a time-limited, evidence-based case management model designed to support individuals who are experiencing homelessness or other major life transitions. CTI focuses on providing intensive support in the early stages of a transition to ensure that individuals do not experience setbacks or crises that could derail their progress.
The key components of CTI include time-limited support, strengthening social supports, collaboration with other services, gradual reduction of support, and a focus on crisis prevention.
I. Employ Motivational Interviewing (MI) techniques. MI is a client-centered, collaborative counseling approach designed to help individuals explore and resolve ambivalence about behavior change. The goal is to enhance a person's intrinsic motivation to make positive changes by creating an empathetic and nonjudgmental environment. MI is often used in situations where individuals may be uncertain or resistant to change, such as in addressing substance use, mental health issues, or behaviors linked to chronic conditions. The key components of MI include expressing empathy, identifying discrepancies, rolling with resistance, supporting self-efficacy, elicit change talk, and autonomy and choice.
J. Employ Harm Reduction techniques. Harm Reduction is an approach aimed at minimizing the negative consequences associated with certain behaviors, particularly those that are risky or potentially harmful, such as substance use.
Rather than focusing solely on eliminating the behavior (such as requiring individuals to stop using drugs or alcohol), harm reduction acknowledges that some individuals may not be ready or able to stop immediately. The key 226
21 components of Harm Reduction include a non-judgmental approach, focus on practical strategies, health and safety over abstinence, empowerment and choice, holistic and person-centered approaches, and collaboration and support.
K. Identify the participant’s strengths and resources, focusing on empowering the individual to work toward self-sufficiency.
L. Document and track the participant’s progress and challenges in attaining permanent housing within HMIS.
M. Complete a comprehensive intake to gather relevant personal, medical, social, and housing history information.
N. Complete an assessment of needs, including housing, mental health, substance use, physical health, employment, and social services. Complete additional assessments as required and/or necessary.
O. Develop a tailored service plan that outlines short-term and long-term goals, needs, and the steps required to achieve stability and permanent housing.
Ensure that the plan is designed with the participant’s input, priorities, and preferences at the forefront. Establish realistic timelines and measurable milestones to monitor progress toward housing stability and other goals.
P. Allocate up to ninety (90) minutes per participant to complete necessary applications and registration forms.
Q. Conduct weekly one-on-one (1-on-1) sessions to follow up on participants’ goals and chart progress and updates within HMIS.
R. Provide transportation to participants.
S. Provide appointment reminders for participants.
T. Accompany participants to their appointments.
U. Arrange for medical clinic visits by an appropriate medical service provider, for participants, as applicable.
V. Utilize a Health Action Plan to work on goals that have been identified by comprehensive assessments.
W. Utilize tools to help identify participants that would benefit from financial literacy programs, life skills, and job training.
227
22 X. Provide continuous support to ensure clients stay connected to necessary services, especially in the early stages after securing housing or entering treatment.
Y. Provide immediate intervention in the event of crises such as medical emergencies, housing instability, or behavioral health crises.
Z. Utilize conflict resolution and de-escalation strategies to manage high-stress situations involving participants or other service providers.
AA. Assist clients in developing personal safety plans, especially for those experiencing domestic violence, substance abuse, or mental health crises.
Service Coordination
11.Coordinate and collaborate with other service providers to ensure clients receive holistic, integrated care that addresses all of their needs.
12.Coordinate access to workforce, education, training programs, and other services needed to improve and promote housing stability for the participants.
13.Ensure seamless communication and collaboration with other case managers, social workers, healthcare providers, housing authorities, and legal services.
14.Leverage and collaborate with multiple County-wide programs to provide services to individuals experiencing homelessness within the County of Merced.
15.Coordinate with the CoC’s/County’s most active providers of services for information on resources and linkages to available services for justice-involved individuals.
16.Refer clients to appropriate services, such as healthcare, mental health and substance use treatment, legal aid, childcare, job training, financial assistance, and other community resources.
17.Enroll participants into mainstream services, to include but not limited to:
A. Enhanced Care Management (ECM)
B. Community Supports (CS)
C. Workforce Development
D. Social Security Income (SSI)
E. Temporary Assistance for Needy Families (TANF)
228
23 F. Behavioral Health and Recovery Services (BHRS)
Housing Navigation
18.Determine the type of services participants require and create a housing plan identifying goals (i.e. birth certificates, identification card) that are participant specific and intended to assist with housing retention.
19.Develop a housing stabilization plan that will provide the most effective means for connecting participants to housing and document this plan within HMIS.
20.Collaborate with other homeless service providers and landlords on the participant’s housing plan to find the best fit for the participant.
21.Work closely with homeless services providers to identify the amount of postpermanent housing case management which will be necessary to stably house program participants as they transition into permanent housing.
22.Assist clients in searching for housing options and advocating on their behalf with landlords, housing authorities, and other housing providers.
23.Utilize staff to focus on locating appropriate housing for participants while working closely with multiple property owners and managers who help provide notice of available units.
24.Provide educational information to property owners and managers regarding rental subsidies, security deposit assistance, support from a single point of contact, and cost savings opportunities due to low tenant turnover.
229
24 EXHIBIT C
BUDGET
230
25 EXHIBIT D
FEDERAL COMPLIANCE REQUIREMENTS
1. Access to Records
The following access to records requirements applies to the Contract in addition to any requirements that may be elsewhere imposed:
a. Contractor agrees to provide County, the Comptroller General of the United States, or any of their authorized representatives or designees, access to any books, documents papers, and records of Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and
transcriptions. Contractor shall keep its books documents, papers, and records available for this purpose for at least five years after this Agreement terminates or expires or such longer time as requested by County at any time prior to the expiration of the then applicable time frame. This provision does not limit the applicable statute of limitations.
b. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
c. Contractor agrees to provide any of the foregoing parties access to construction or other work sites pertaining to the work being completed under this Agreement, if applicable.
d. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to County or any authorized or designated federal representative.
2. Environmental Compliance
a. Contractor shall comply with all applicable standard, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.).
231
26 b. Contractor shall report all violations to the County, any applicable State agencies, and the regional office of the Environmental Protection Agency.
c. Contractor shall include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with federal assistance.
d. Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201 et seq.).
3. Contract Work Hours and Safety Standards Act
a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (a) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and any subcontractor responsible therefore shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (a) of this Section.
c. Withholding for unpaid wages and liquidated damages. The applicable federal funding agency shall upon its own action or upon 232
27 written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b) of this Section.
d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in Paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with clauses set forth in Paragraphs (a) through (c) of this Section.
4. Equal Employment Opportunity
This provision is applicable to all federally assisted construction contracts, as that term is defined at 41 C.F.R. § 60-1.3. To the extent the Agreement meets this definition, Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all 233
28 qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.
d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, 234
29 terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor will include provisions in Paragraphs (a) through (g) set forth in this subsection in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish he administering agency and the Secretary of Labor such information as they may require for the supervision of such compliances, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.
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30 The applicant further agrees that it will refrain from entering into any contract or contract medication subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has no demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertaking the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
5. Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms
a. If Contractor intends to subcontract any portion of the work covered by the Agreement, Contractor must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises and labor surplus area firms are solicited and used when possible. Affirmative steps must include:
i. Placing qualified small and minority businesses and
women’s business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women’s business enterprises, are solicited whenever they are
potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and
women’s business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women’s business enterprises;
and
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31 v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and
the Minority Business Development Agency of the
Department of Commerce.
6. Immigration and Nationality Act
Contractor agrees to comply with the terms of the employment provisions contained in 8 U.S.C. Section 1324A(e), Section 274A(e) of the Immigration and Nationality Act.
7. Administrative Remedies for False Claims and Statements Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to this Agreement.
8. Remedies
a. If any work performed and/or good delivered by Contractor fails to meet the requirements of the Agreement, any other applicable standards, codes or laws, or otherwise breaches the terms of the Agreement, the County may in its sole discretion:
i. Elect to have Contractor re-perform or cause to be reperformed, at Contractor’s sole expense, any of the work which failed to meet the requirements of the Agreement; ii. In the case of goods, reject the goods and require
Contractor to provide replacement goods that meet the
needs of County and the terms of the Agreement;
iii. Hire another Contractor to perform the work and deduct any additional costs incurred by County as a result of
substituting contractors from any amounts due to
Contractor; or
iv. Pursue and obtain any and all other available legal or equitable remedies.
b. This Section shall in no way be interpreted to limit the County’s right to pursue and obtain any and all other available legal or equitable remedies against Contractor.
9. Compliance with Applicable Laws
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32 a. Contractor agrees to be bound by the terms of the Federally-Funded Subaward and Grant Agreement between the County and FEMA and/or the State of Georgia and any of its agencies if applicable. b. Contractor agrees to be bound by all applicable state and federal laws, regulations, and Executive Orders.
10.Suspension and Debarment
a. Federal regulations restrict the County from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM Exclusions is the list maintained by the General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority. The Contractor can verify its status and the status of its principals, affiliates, and subcontractors at www.SAM.gov.
i. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the
Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
ii. Contractor must comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, subpart C and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by the County. If it is later determining that the Contractor did not comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, Subpart C, in addition to remedies available to the County, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
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33 11.Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
a. Competitively within a timeframe providing for compliance with the contract performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guideline (CPG) Program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
In addition, to the greatest extent practicable and consistent with the law, the Contractor should purchase, acquire, or use products and services that can be reused, refurbished, or recycled, contain recycled content, are biobased, are energy—and water-efficient, and are sustainable.
12.Prohibition on Contracting for Covered Telecommunications Equipment or Services.
a. Definitions
As used in this clause, the terms backhaul, covered foreign country, covered telecommunications equipment or services, interconnection arrangements, roaming, substantial or essential component, and telecommunications equipment or services have the meanings as defined in FEMA Policy 405-143-1 and 2 C.F.R. § 200.216. b. Prohibitions
i. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232) and 2 C.F.R. § 200.216 prohibit the obligation or expenditure of certain federal funds on certain telecommunications
products or services for national security reasons.
ii. Unless an exception in paragraph (c) of this clause applies, the Contractor and its subcontractors may not use federal 239
34 funds from FEMA (or otherwise covered by 2 C.F.R. §
200.216) to:
• Procure or obtain any equipment, system, or
service that uses covered telecommunications
equipment or services as a substantial or essential
component of any system or as critical technology
of any system;
• Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services
as a substantial or essential component of any
system or as critical technology of any system;
• Enter into, extend, or renew contracts with entities
that use covered telecommunications equipment or
services as a substantial or essential component of
any system or as critical technology as part of any
system; or
• Provide, as part of its performance of this contract
or subcontract, any equipment, system, or service
that uses covered telecommunications equipment
or services as a substantial or essential component
of any system or as critical technology as part of
any system.
c. Exceptions
i. This clause does not prohibit contractors from providing:
• A service that connects to the facilities of a third
party, such as backhaul, roaming, or
interconnection arrangements; or
• Telecommunications equipment that cannot route
or redirect user data traffic or permit visibility into any user data or packets that such equipment
transmits or otherwise handles.
ii. By necessary implication and regulation, the prohibitions also do not apply if:
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35 • The covered telecommunications equipment or
services are not used as a substantial or essential
component of any system; and
• The covered telecommunications equipment or
services are not used as critical technology of any
system.
d. Reporting Requirement
i. If the Contractor identifies covered telecommunications equipment or services, or the Contractor is notified of such by a subcontractor at any tier or by any other source during contract performance, the Contractor shall report this
information to the County.
ii. The Contractor shall report the following information within one (1) business day from the date of such identification or notification: contract number; order number(s), if
applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity
(CAGE) code (if known); brand; model number (OEM
number, manufacturer part number, or wholesaler
number); item description; and any readily available
information about mitigation actions undertaken or
recommended. Additional details concerning mitigation
efforts shall be reported within ten (10) business days. e. Subcontracts
The Contractor shall insert the substance of this clause, including paragraph (e), in all subcontracts and other contractual instruments.
13.Byrd Anti-Lobbying Amendment
a. Contractors who apply or bid for an award of $100,000 or more shall file the required certification found below. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal 241
36 contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. b. The certification referenced in Paragraph (a) of this Section is below:
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37 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor, City of Los Banos , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provision of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statement, apply to this certification and disclosure, if any.
Signature: Title: City Manager
Name: Soknirorn Than Date: ______________________
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38 EXHIBIT E
HOUSING EXHIBIT
1. Monthly Invoicing
In addition to the Terms of Payment section of this Agreement, Contractor shall submit an official letter on the Contractor’s letterhead attesting to no expenditures for the prior month in lieu of an invoice. Monthly invoices and/or letters of justification are due to the AE no later than 15th day of the month following the date of service delivery. Invoices for services rendered through June 30th are due by July 10th because of end of fiscal year deadlines and grant reporting. The Contractor shall assume the responsibility of providing complete and accurate invoices by this deadline. The AE shall not issue payment for incomplete or inaccurate invoices.
Monthly invoice shall include the offset of revenue received by Contractor, such as funding through the California Advancing and Innovating Medi-Cal programs Enhanced Case Management, Community Supports, and/or Post Hospitalization.
The Contractor shall provide a detailed revenue reimbursement table and supporting documentation for such revenue, as approved by the AE. Contractor shall detail out the reimbursement information in accordance with Section 3, entitled Duplication of Benefits. For the purposes of Post Hospitalization reimbursement, Contractor agrees to reimburse the AE a daily bed rate agreed upon by both the AE and the Contractor through the monthly billing process. The supporting documentation shall include, but is not limited to, the approved daily bed rate as stated above, the total number of bed days, and the total amount of revenue offsetting the respective invoice.
Each invoice must include:
1. Contract Number
2. Contractor’s Name
3. Remittance Address
4. Contact Name
5. Contact Email
6. Contact Phone Number
7. Fiscal Year
8. Date of Invoice
9. Invoice Number
10.Invoice Billing Period
11.Details of Each Task or Service Performed
12.Details of the Labor Costs (Number of Hours) Attributed to Each Task or Service
13.The Cumulative Cost for All Tasks Performed to Date
14.Authorized Signatories Authorization
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39 15.Additional Information and Data Requested by the AE as deemed necessary to properly evaluate or process Contractor’s claim.
2. Budget Revisions
The Contractor may submit budget revisions twice a year, in February and October of each Fiscal Year.
When submitting budget revisions, the Contractor is to include the following:
1. A cover letter that details the revisions being requested and a justification for the revision(s).
2. A revised budget to include columns for the Original Budget, the Requested Revision(s), and the Revised Budget with balanced budgets and clear detail of the revisions or line items being moved.
3. The CA will review each request to determine if the revision is consistent with approved activities and funding source(s). Once the review is complete, the CA will notify the Contractor if revision is approved or denied.
Should an emergency situation arise in which a budget revision is required outside of the February and October timelines, the AE will evaluate each situation individually to determine if revision will be allowed.
3. Duplication of Benefits
Services
Individuals and families cannot receive assistance for the same purpose or activity within the same time period from multiple sources. The Contractor is required to ensure that a Duplication of Benefits does not occur for individuals and families requesting or receiving assistance.
1. The Contractor shall be required to complete a Duplication of Benefits analysis with the initial enrollment application and maintained within the participant’s file.
2. The Contractor shall be required to report instances of Duplicated Benefits and solutions proposed or used to deduplicate the benefits within forty-right (48) hours of noting the duplication in writing to the AE.
Funding
In accordance with 31 U.S. Code Section 3729 and 44 CFR Section 206.191, funds cannot be reimbursed for the exact same cost or activity already paid for from another funding source (i.e. CalAIM, CSBG, CDBG, etc.). If the Contractor receives multiple sources of funding for the same services, the Contractor shall deduplicate this funding from invoices submitted to the AE. To ensure accuracy and completeness, the Contractor shall reconcile with the AE at least quarterly for 245
40 amounts not reimbursed by other funding sources.
1. The Contractor shall collaborate with the AE to establish, approve, and maintain a method for reporting, invoicing, reimbursement, recordkeeping, reconciliation, and remittance of duplicated funding. The Contractor shall submit reconciliations per the Terms of Payment section of this agreement and Section 1 of the Housing Exhibit in a frequency mutually agreed upon by the Contractor and the AE, including the offset of the other sources of revenue with AE approved reference documentation.
2. The Contractor shall determine and establish a rate at which billing for services will be distributed across each source of funding.
3. The Contractor shall be required to implement and maintain a method of tracking for each funding source to ensure that benefits are not duplicated.
4. The Contractor shall be required to report instances of duplicated benefits and solutions proposed or used to deduplicate the benefits within forty-eight (48) hours of noting the duplication in writing to the AE.
5. The Contractor shall bill the other funding sources first prior to submitting an invoice to the AE for reimbursement.
6. The Contractor shall provide the AE six (6) months advance notice of reductions or the removal of other supplemental funding sources for the project.
7. During this six (6) month period, the Contractor shall transition the level of service the project provides to match the level able to be supported by the remaining funding sources.
4. Participant Eligibility
The Contractor shall determine and document each participant’s eligibility based on the following project types:
1. Rapid Re-Housing and Emergency Shelter
a. Participants must meet the criteria of at least one of the following definitions:
i. 24 CFR 578.3 “Homeless” under subsection (1)
ii. 24 CFR 578.3 “Homeless” under subsection (4)
5. Program Outcomes
The California System Performance Measures (CA SPMs) are a standardized set of metrics to help assess progress towards preventing, reducing, and ending homelessness. The Contractor shall maintain or improve the following relevant CA SPMs for the contracted program.
Measure 1a: The number of people accessing services who are experiencing homelessness.
246
41 Defining Factors: This measure is evaluated in comparison with the number of individuals experiencing unsheltered homelessness as identified in CA SPM 1b.
Improvements:
If the number of people served under CA SPM 1a increases by a rate greater than the number experiencing unsheltered homelessness under CA SPM 1b. This would indicate that the program is reaching and supporting more people than before.
If the number of people served under CA SPM 1a decreases by a rate that is the same or less than the number experiencing unsheltered homelessness under CA SPM 1b. This would indicate that there are less services needed and that access is declining proportionally.
Measure 1b: The estimated number of people experiencing unsheltered homelessness on the CoC’s Point-in-Time Count (on a single day in the last week of January).
Improvement: A decrease in CA SPM 1b. This would indicate that there are less people experiencing unsheltered homelessness.
Measure 2: The number of persons entering the system who are experiencing homelessness for the first time.
Defining Factors: This is measured by the number of people accessing services who are experiencing homelessness for the first time (defined as not accessing services while experiencing homelessness in the past two years). This measure is evaluated in comparison with the number of individuals experiencing unsheltered homelessness as identified in CA SPM 1b.
Improvements:
If the number of people served under CA SPM 2 increases by a rate greater than the number experiencing unsheltered homelessness under CA SPM 1b. This would indicate that the program is reaching and supporting more people than before.
If the number of people served under CA SPM 2 decreases by a rate that is the same or less than the number experiencing unsheltered homelessness under CA SPM 1b. This would indicate that there are less services needed and that access is declining proportionally.
Measure 3: The number of people exiting homelessness into permanent housing.
247
42 Defining Factors: This is measured by the number of people exiting homelessness into permanent housing, including people who exited the homelessness response system to permanent housing and people who moved into permanent housing within the homelessness response system.
Improvement: An increase in CA SPM 3. This would indicate that there is an increase in permanent housing outcomes both inside and outside the homelessness response system.
Measure 4: Length of time persons remained homeless.
Defining Factors: This is measured by the average length of time (in number of days) that people were enrolled in street outreach (SO) or other non-residential projects (while experiencing homelessness), emergency shelter (ES), transitional housing (TH), and safe haven (SH) projects, as well as time during which people were enrolled in, but had not yet moved into, rapid rehousing (RRH), permanent supportive housing (PSH), and other permanent housing (OPH) projects.
Improvement: A decrease in CA SPM 4. This would indicate that there is a decrease in the length of time people experience homelessness while accessing services.
Measure 5: Number of persons who return to homelessness after exiting homelessness to permanent housing.
Defining Factors: This is measured by the percentage of people who return to homelessness within six months of exiting the homelessness response system to permanent housing.
Improvement: A decrease in CA SPM 5. This would indicate that people experiencing homelessness are being provided adequate services to maintain their permanent housing.
Measure 6: Successful placements from street outreach.
Defining Factors: This is measured by the number of people with successful placements from street outreach projects, which includes exits to an emergency shelter (ES), safe haven (SH), transitional housing (TH), or permanent housing (PH) destinations.
Improvement: An increase in CA SPM 6. This would indicate the success of street outreach in connecting people to shelter, interim, or permanent housing solutions.
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43 The AE shall monitor progress for the CA SPMs utilizing the System Administrator Report [HUDX-223-AD] System Performance Measures within HMIS. Each of the following CA SPMs will be analyzed for the corresponding program types.
CA SPM Street
Outreach
Emergency
Shelter
Homelessness
Prevention
Rapid
Re-Housing
Measure 1a
Measure 1b
Measure 2
Measure 3
Measure 4
Measure 5
Measure 6
6. Housing First Approach
The Contractor shall provide eligible activities for all programs and projects in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). Allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code.
The Contractor shall allow entry to program participants regardless of their income, current or past substance use, criminal records, or history of domestic violence.
Programs also should not terminate clients regardless of whether or not they participate in supportive services, make progress on a service plan, lose their income, or based on other activities not covered in a lease agreement typically found for an unassisted person in the program’s geographic area.
The Contractor shall assume the following responsibilities for implementing a Housing First and Low Barrier approach within their programs:
1. Policies and Procedures
a. The Contractor shall develop, implement, and maintain written policies and procedures that fully detail their Housing First and Low Barrier operations for all program types.
2. Program Access:
a. Admission to the program will not be contingent upon pre-requisites such as abstinence of substances, minimum income requirements, health or mental health history, medication adherence, age, criminal justice history, financial history, completion of treatment, participation in services, “housing readiness”, history or occurrence of victimization, survivor of sexual assault or an affiliated person of such a survivor or other unnecessary conditions unless required by law or funding source. 249
44 b. The Contractor’s procedures and oversight must demonstrate that staff do everything possible to avoid denying assistance or rejecting an individual or family for the reasons listed within section 2(a). c. The Contractor shall provide equal access in accordance with the 2012 and 2016 Equal Access Rules, meaning that any project funded by the U.S. Department of Housing and Urban Development (HUD) must ensure equal access for persons regardless of one’s sexual orientation or marital status, and in accordance with one’s gender identity. Adult households, regardless of marital status, should have equal access to the program.
d. The Contractor shall have an expedited admissions process, to the greatest extent possible, including helping participants obtain documentation required by funding sources, as well as processes to admit participants regardless of the status of their eligibility documentation whenever possible.
e. Intake and assessment procedures will be focused on the individual’s or family’s strengths, needs, and preferences. Programs should not require specific appointment times but have flexible intake schedules that ensure access to all households. Assessments are focused on identifying barriers to housing that can inform the basis of a housing plan as soon as a person is enrolled in the program.
f. The Contractor shall actively participate in the Merced CoC’s Coordinated Entry process as a part of a streamlined community-wide system access triage. Referrals from Coordinated Entry must be rarely rejected, and only if there is a history of violence, the participant does not want to be in the program, there are legally valid grounds (such as restrictions regarding sex offender) or some other exceptional circumstance that is well documented.
g. For programs that can no longer serve particular households, the Contractor shall utilize the Coordinated Entry process to ensure that those individuals and families have access to other housing and services as desired, and do not become disconnected from services and housing.
Households that encounter exits under these circumstances, such as if they demonstrate violent or harassing behaviors, are to be described with the Contractor’s regulation adherent policies.
7. Service Targeting
The Contractor shall not target services towards a specific sub-population or specific geographical area within the jurisdiction of the County of Merced without prior approval from the AE, unless otherwise identified by the grant or funding source. Services must be provided to all program eligible clients without regard to their age, gender, race, ethnicity, mental health, physical health, substance use, veteran status, income, citizenship, or location within the County of Merced. 250
45 8. Disruptions of Service
The Contractor shall notify the AE as soon as the Contractor becomes aware of any disruptions in service. Noticing shall not exceed forty-eight (48) hours from the initial awareness of the disruption. The Contractor shall provide a statement in writing to include the reason, the duration, and solution to resolve the disruption.
9. Responsiveness of Communications
The Contractor shall provide timely and effective communication with the AE throughout the term of this Agreement. The Contractor shall designate one or more qualified personnel to serve as the primary point(s) of contact and shall notify the AE of any changes to the designated contact(s) or contact information. The Contractor shall be available for communication during normal business hours, excluding recognized holidays. In the event of planned downtime or limited availability (e.g., holidays, system maintenance), the Contractor shall provide the AE with at least three (3) business days advance notice. If the Contractor fails to meet the responsiveness timeframes outlined above, the AE may escalate the issue to the Contractor’s designated escalation contact. The Contractor agrees to provide escalation contact details upon execution of this Agreement and to keep such information current throughout the term. The AE may monitor and evaluate the Contractor’s responsiveness as part of its contract monitoring process.
10. Program Capacity
The Contractor shall maintain sufficient capacity, including staffing, infrastructure, and technical resources, to fully support their program operations for the duration of this Agreement and to avoid any disruptions of service. This includes ensuring that all necessary systems, personnel, and materials are available and properly managed to meet the performance requirements and timelines outlined in this agreement.
The Contractor shall ensure that all staff have the necessary resources, training, and capacity to effectively perform the duties and responsibilities of the program.
11. Public Records Act Requests
The Contractor shall direct individuals requesting records regarding the AE under the Public Records Act to submit their request to the Merced County Human Services Agency located at 2115 Wardrobe Ave, Merced, CA 95341 or mailed with attention to “Public Records Act Request” to P.O. Box 112, Merced, CA 95341- 0112 or at the Merced County Counsel’s Office located at 2222 M St, Merced, CA 95430.
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46 The Contractor shall immediately forward every Public Records Act request regarding the AE to [email protected].
The Contactor shall supply records requested by the AE for Public Record Act requests within forty-eight (48) hours.
12. Contract Monitoring
The Contractor shall be monitored by the Contract Monitoring Team (CMT) comprising of AE staff to ensure grant funded projects and programs are implemented in accordance with relevant rules, regulations, and grant requirements set forth by this Agreement as well as the Agreement’s corresponding funding source(s).
The Contractor agrees that the CMT or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of this Agreement. The Contractor shall provide the CMT or its designee with any relevant information requested. The Contractor agrees to permit the AE or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the funding statues, Notice of Funding Opportunities (NOFO), Notice of Funding Availability (NOFA), and this agreement. The AE may request additional information as needed to meet other applicable audit or reporting requirements.
The CMT reserves the right to monitor all work performed by the Contractor and subcontractors in relation to this Agreement at the Contractor’s expense at any point during the retention period of this Agreement. An onsite or virtual monitoring visit shall occur whenever determined necessary, but at least once a year at the discretion of the CMT and at the expense of the Contractor. At the CMT’s request and at the Contractor's expense, a financial audit shall be conducted by a certified public accountant.
The CMT will rely primarily on information obtained from the records and reports furnished by the Contractor and subcontractors, as well as information from the onsite monitoring, audit reports, and information generated from the CMT’s financial and reporting systems, and the Homeless Management Information System (HMIS). Where applicable, the CMT may also consider relevant information pertaining to the Contractor’s performance gained from other sources, including client feedback, complaint determinations, and litigation.
If the CMT determines preliminarily that the Contractor and/or subcontractors has not complied with a program requirement, the CMT will issue a notice of this 252
47 determination and an opportunity to demonstrate on the basis of substantial facts and data that the recipient has complied with the requirements. Responses are due no later than thirty (30) days from the issuance of the notice by the CMT.
If the recipient fails to demonstrate to the CMT’s satisfaction that the activities were carried out in compliance with program requirements, the CMT may take one or more of the remedial actions or sanctions specified. Remedial actions or sanctions for failure to meet a program requirement will be designed to prevent a continuation of the deficiency, to mitigate to the extent possible its adverse effects or consequences and to prevent its recurrence.
If the CMT determines that a Contractor or subcontractor is not complying with a program requirement or its agreement, in accordance with 24 CFR 578.107 the CMT may:
1. Prepare and follow a schedule of actions for carrying out activities and projects affected by the noncompliance, including schedules, timetables, and milestones necessary to implement the affected activities and projects;
2. Establish and follow a management plan that assigns responsibilities for carrying out the remedial actions;
3. Cancel or revise activities or projects likely to be affected by the noncompliance, before expending grant funds;
4. Reprogram grant funds that have not yet been expended from affected activities or projects to other eligible activities or projects:
5. Suspend disbursements of grant funds for some or all activities or projects;
6. Reduce or terminate the remaining funding of a Contractor and either reallocate those funds to other Contractors or return the funds to the funding agency;
7. Condition the award of future agreements; or
8. Other legally available remedies.
13. Reporting Requirements
The Contractor shall provide monthly grantee reports, by request, to the Collaborative Applicant at [email protected] to the AE no later than 15th day of the month following the date of service delivery. Reports shall be per project and shall include, but are not limited to, the following:
1. Clients Served – Unduplicated;
2. Clients Served – Duplicated;
3. Clients on Waiting List;
4. Client Program Exit Outcomes;
5. Service Referrals;
6. Progress Towards the Completion of Mutually Agreed Upon Goals;
7. Disaggregated HMIS Racial and Ethnic Client Data;
8. HMIS Gender Data;
9. Total Number of Beds/Units;
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48 10.Number of Vacant Beds/Units;
11.Instances of the Duplication of Benefits
12.Program Feedback Analysis;
13.Expenditures for Reporting Period;
14.Grant Expenditures to Date; and
15.Remaining Funding Balance.
The Contractor shall provide any and all program or project data required to complete any reporting required by the California Department of Housing and Community Development (HCD), HUD, the U.S. Department of the Treasury, the Business, Consumer Services and Housing Agency (BCSH), the Department of Health Care Services (DHCS), and other relevant agencies.
14. Recordkeeping and Retention
The Contractor shall maintain compliance with the recordkeeping requirements of 24 CFR 576.500 and 24 CFR 578.103. The Contractor agrees to retain all records for a minimum of five (5) years following the termination of this agreement.
The Contractor shall maintain the following records for each client and make these records available to the AE upon request.
Document Type Street
Outreach
Emergency
Shelter
Homelessness
Prevention
Rapid
Re-Housing
Area Median Income Verification
Assessments / Reassessments
Case Notes
Certification of Homelessness
Certification of Imminent Risk / At Risk
Client Risk Factors
Client Vulnerability Factors
Duplication of Benefits Analysis
Eviction Notices
Fair Market Rent Certification
Grievances, Appeals, and Incidents
Housing Habitability Inspection
Housing Stability Plan
Ineligibility Determination
Intake/Enrollment Packet
Landlord W-9
Lead Based Paint Screening
Release of Information (HMIS)
Release of Information (Program)
Rent Amount Change Notices
Rent Reasonableness Analysis
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49 Document Type Street
Outreach
Emergency
Shelter
Homelessness
Prevention
Rapid
Re-Housing
Rental Agreement (Lease)
Rental Assistance Agreement
Utility Statements
VAWA Lease Addendum
Verification of Income
Verification of Service Payments
15. Policies and Procedures
The Contractor shall develop, implement, and maintain written policies and procedures that fully detail and provide sufficient information about the operations for all programs and projects. These policies and procedures shall be detailed enough that a person who is not familiar with the project could reasonably reconstruct the project from these documents. These policies and procedures must comply with any and all federal, state, and local laws, statues, and regulations.
Additionally, they must be in alignment and comply with Written Standards, Policies, and Procedures as provided by the Merced CoC located on the Merced CoC website: https://www.mercedcoc.org/document-library. The Contractor shall develop policies and procedure to include, but is not limited to, the following:
a. Anti-Discrimination, Harassment, and Retaliation
b. Client Assessment/Eligibility – Intake Process
c. Codes of Conduct
d. Confidentiality (Personal Identification Information) e. Conflicts of Interest
f. Coordinated Entry System (CES)
g. Drug-Free Policy Statement
h. Duplication of Benefits
i. Emergency Shelter
j. Grievances and Appeals
k. Homeless Management Information System (HMIS)
l. Homelessness Prevention
m. Rapid Re-Housing
n. Release of Information
o. Women Against Women Act (VAWA) – Emergency Transfer Plan (ETP)
16. Program Feedback
The Contractor shall implement and maintain a systematic process to gather feedback from program participants regarding their satisfaction with services provided. This feedback shall be collected at regular intervals, at a minimum of biannually, through methods such as surveys, interviews, focus groups, or other suitable mechanisms approved by the AE. The feedback should assess the overall 255
50 quality of care, responsiveness of staff, and the effectiveness of services provided.
The Contractor shall establish a regular process for collecting feedback from staff members regarding their satisfaction with the program's operations, management, and resources. This feedback shall be gathered through anonymous surveys, staff meetings, or other methods that ensure confidentiality and encourage honest input. Feedback shall be collected at least annually and should address staff workload, working conditions, and support systems available to them.
The Contractor shall analyze the collected feedback from both clients and staff to identify trends, concerns, and areas for improvement. A summary of this analysis, along with a corrective action plan, shall be submitted to the AE quarterly as part of the program's performance report or grantee reporting. The Contractor shall outline any steps taken to address feedback, improve client and staff satisfaction, and enhance program effectiveness.
The Contractor shall demonstrate responsiveness to feedback by making program adjustments as necessary to improve service delivery. This may include revising program processes, increasing staff training, or modifying services based on the feedback received. The Contract shall be expected to take concrete actions in response to feedback within ninety (90) days of receiving it.
The Contractor shall ensure that all feedback, whether from clients or staff, is treated with confidentiality and that no retaliation occurs against individuals who provide feedback. The provider must have a clear policy in place to protect participants and staff members from retaliation in any form.
17. Complaint, Grievance, and Incident Reporting
The Contractor shall notify the AE of any and all client-filed complaints, grievances, or incident reports within forty-eight (48) hours of receipt. The Contractor shall furnish a running log of all events and all supporting documentation to the AE on a monthly basis. The AE does not hereby assume responsibility for such grievances or incident reports by being provided notice and documentation of such events.
18. Homeless Management Information System (HMIS)
24 CFR 578.7(b) tasks CoC’s with designating and operating a Homeless Management Information System (HMIS). Additionally, 24 CFR 578.7(b)(4) requires consistent participation of recipients and subrecipients in HMIS.
To maintain compliance under these regulations, the Contractor shall utilize the Merced CoC approved assessment tool to conduct initial assessments on individuals or families seeking homeless assistance services and enter all assessment information into HMIS.
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51 The Contractor shall utilize and integrate the Merced City and County Continuum of Care (Merced CoC) HMIS into program processes and operations. Program processes and operations shall comply with the Merced CoC HMIS Policy and Procedures. The Contractor is required to utilize HMIS to document client data, case management notes, and offered/provided services to all individuals and families experiencing homelessness. Entered data shall comply with HUD’s HMIS Data Standards and shall be monitored by the Contractor for quality and accuracy.
The Contractor shall enter all client level and service level data into HMIS in a timely manner so as to not impede the reporting, prioritization, data analysis, or informed decision-making process.
The Contractor shall ensure all information entered into the HMIS is accurate, upto-date, and complete. This includes, but is not limited to, client demographics, service delivery data, case notes, assessments, referrals, housing status, and any other relevant information required by the AE or HMIS Lead. The Contractor shall ensure all relevant staff are trained on HMIS data entry procedures and best practices. The Contractor shall maintain internal procedures to review and verify data accuracy on a regular basis. The Contractor shall correct any discrepancies, inaccuracies, or omissions in the data promptly and document such corrections.
The Contractor shall submit data within the required timeframes as established by the AE.
The Contractor agrees to provide the AE access to HMIS data collected and entered by the Contractor into HMIS. Upon request, the Contractor shall participate in any statewide initiative including but not limited to, a statewide data integration environment.
19. Coordinated Entry System (CES)
24 CFR 578.7(a)(8) requires CoCs establish and operate either a centralized or coordinated assessment system that provides an initial, comprehensive assessment of the needs of individuals and families for housing and services.
Additional requirements were also supplied with HUD Notice CPD-17-01. Towards this end, the Contractor shall actively participate in the Coordinated Entry System (CES). The Merced CoC identified assessment tool will be utilized to determine priority listing for individuals or families seeking homeless assistance services. The CES priority list will be pulled from the assessment data entered into HMIS and used to provide services needs in a priority order to homeless or at risk of homelessness individuals and families requesting assistance.
The Contractor shall utilize and integrate the Merced City and County Continuum of Care (Merced CoC) Coordinated Entry System (CES) into program processes and operations. Program processes and operations shall comply with the Merced CoC CES Policy and Procedures.
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52 The Contractor shall utilize the Merced CoC designated assessment tool. The Contractor shall make referrals to and receive referrals from the CES. This includes presenting individual cases, as applicable, at the CES meetings to determine appropriate service provider(s) referral(s).
The Contractor shall collaborate with community partners, service providers, and local governmental agencies to case manage and provide unduplicated services.
The Contractor shall attend and actively participate in the CES meetings as scheduled by the CES Lead. These meetings are conducted to discuss client needs and identify resources to help house and/or stabilize the individual.
20. CoC Meetings
The Contractor shall attend and participate in the monthly Merced City and County Continuum of Care (CoC) meetings which occur on the first Thursday of each month. The Contractor shall maintain a good standing as a CoC General Member throughout the duration of this agreement. General Member requirements are detailed within the Merced CoC Governance Charter available on the Merced CoC website.
21. Annual Point-in-Time Count
As required by HUD, CoC’s must conduct a “one-night, point-in-time” homeless count every other year during the last ten (10) days of January. The Merced CoC has opted to conduct this count annually. The Contractor may provide support for and be engaged in the Merced CoC annual Point-in-Time count.
22. Annual Housing Inventory Count
As required by HUD, CoC’s must conduct a point-in-time inventory of programs that provide beds and units dedicated to serve people experiencing homelessness.
The five program types included are Emergency Shelter, Transitional Housing, Rapid Re-Housing, Safe Haven, and Permanent Supportive Housing. The Contractor shall provide support for and be engaged in the data gathering, analysis, and submission of the Merced CoC Housing Inventory Count.
23. Project and Funding Sustainability
When available and feasible, the Contractor shall make reasonable efforts to braid new and existing funding sources to sustain the project without duplicating any of the funding or services. Funding availability varies significantly from year to year.
In the absence of available resources, the Contractor is highly encouraged to plan for obtaining the funding necessary for sustaining their project(s) during and beyond the term of this Agreement without supplanting funds. Leveraging available 258
53 funding sources is key to ensuring there isn’t a disruption of services to our clients and community members.
24. Inventory Management
The Contractor shall establish controls to ensure adequate safeguards to prevent loss, damage, or theft to property, including equipment purchased with Agreement funds. If Contractor should no longer provide services under this Agreement, the equipment and property shall be returned to the AE.
The Contractor shall be responsible for managing and tracking all supplies and equipment purchased with program funding. Fixed assets, IT equipment, and item purchases over $1,000.00 must be tagged and tracked. These items shall be inventoried by the Contractor at least annually and made available for review at the request of the AE. Items must be disposed of or surplus in compliance with terms and conditions of the funding sources used to purchase the item with prior notice and approval from the AE.
All property including computer software, hardware, equipment, furniture, motorized items, and fixed assets purchased with AE funds must be returned to the AE following the termination of this Agreement.
Thirty (30) days prior to the termination of this Agreement, all Contractor owned property shall be segregated from AE owned property. An inventory shall be conducted by Contractor and the AE to verify the proper separation and relinquishment of AE owned assets, equipment, supplies, and technical data/documentation.
25. Contractor’s Application for Funds
The Contractor has applied through a Request for Proposal (RFP) submission for funding to provide the services outlined within this agreement. Contractor is entering into this Agreement on the basis of, and in substantial reliance upon, Contractor’s facts, information, assertions and representations contained within that application, and in any subsequent modifications or additions thereto.
The Contractor warrants that all information, facts, assertions, and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of the Contractor’s knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the approval, disbursement, or monitoring of the funding and the grants or activities governed by this agreement, then the AE may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.
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