SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
SAN JOAQUIN COUNTY
AND
CITY OF MANTECA
HOMELESS RESOURCE NAVIGATION CENTER
MOU ID: B-8425
Funding Amount Approved - $2,000,000
PARTIES: COUNTY: County of San Joaquin
General Services Director
44 N. San Joaquin Street, Suite 590
Stockton, CA 95202
Contact: Marcia Cunningham
Phone: (209) 468-3664
Email: [email protected]
CITY: City of Manteca
1001 W. Center Avenue
Manteca, CA 95337
Contact: Toni Lundgren
Interim City Manager
Phone: (209) 456-8000
Email: [email protected]
Contact: Johanna Ferriera
Senior Management Analyst
Phone: (209) 456-8761
Email: [email protected]
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SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
2 This Memorandum of Understanding (“MOU”) is made and entered into this ___ day of _________________, by and between the City of Manteca, a political subdivision of the State of California, through its City Manager’s Office (“CITY”), and San Joaquin County, a political subdivision of the State of California, through its General Services Department (“COUNTY”).
RECITALS
On July 13, 2021, the San Joaquin County Board of Supervisors approved a $2.0 million funding allocation to support the purchase/construction of Manteca’s Homeless Resource Navigation Center. (See Exhibit A). The County’s contribution filled a previous funding gap and made it possible for the City to move forward with the project. During the meeting, then Manteca Vice Mayor (and now Councilmember), Gary Singh, presented the City’s plan for a Homeless Resource Navigation Center and requested funding support from the Board of Supervisors to begin the project. (See Exhibit B). The Board of Supervisors approved this request, along with requests from the cities of Lodi and Tracy to support similar homelessness and housing initiatives, highlighting the ongoing collaborative regional efforts to address homelessness in our county.
The conceptual plan was approved by Manteca City Council on May 17, 2022. (See Exhibit M)
On April 5, 2022, the Manteca Successor Agency to the Manteca Redevelopment Agency and the City of Manteca, in separate meetings, respectively, each moved in favor of the Purchase and Sale Agreement with the City of Manteca, as the buyer, for Exempt Surplus Property owned by the Successor Agency and located at 682 S. Main Street. (See Exhibit C) COUNTY and CITY mutually desire to enter this MOU to memorialize the rights, duties, and obligations of each toward the other in connection with the services that the CITY will provide to and for the benefit of the COUNTY in connection with the award of the above-referenced funds.
Manteca’s – Homeless Resource Navigation Center
Project Location – Exhibit D
682 South Main Street
Manteca, CA 95337
APN # 221-050-140
Property Description:
o 8.06 Acres
o Vacant Lot – Owned by Successor Agency to the Manteca Redevelopment Agency
o Zoned: Mixed Use Commercial (CMU)
TOTAL FUNDING: $2,000,000
PROPERTY PURCHASE COST: $1,760,000 (See Exhibit E & F)
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SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
3 The conceptual plan consists of a Community Navigation Center and an Affordable Housing/Mixed-Use project on the 8.06-Acre parcel on South Main Street. Available to the homeless community, the Navigation Center will consist of two facilities; the first is a community services building with a kitchen, classrooms, meeting rooms, and dining/common room, and the second, is a navigation facility with men’s and women’s beds, restrooms, showers, and management offices. (See Exhibit G) The Navigation Center will be sited on the eastern portion of the property and accessed via Carnegie Court.
The Affordable Housing/Mixed Use project is planned to provide approximately 196 dwelling units in a mix of studio, one, and two-bedroom apartments. The Housing Development Project is a maximum of four stories including ground floor commercial/mixed-use space.
The Affordable Housing Project will be located on the western portion of the property and accessed from South Main Street.
The 32,500 square foot Navigation Center will accommodate people, pets, and possessions. The overall project cost for the Navigation Center and the Community Building is $11,731,605.
The CITY has committed $1.4 million to design and construct the project, and $3 million for approximately two years of ongoing operations and maintenance expenses via the CITY General Fund.
Site Improvements
The site improvements include security fencing, fire access lanes, parking, open space landscaping, and space for future expansion based on funding availability. CITY must submit appropriate supporting documentation for COUNTY approval and the requested amount for the Manteca’s – Homeless Resource Navigation Center shall not exceed the awarded amount of $2,000,000.
NOW, THEREFORE, COUNTY and CITY do hereby mutually agree as follows:
I. PURPOSE OF THE MOU
On July 13, 2021, the COUNTY Board of Supervisors approved an award of $2,000,000 as requested by the CITY. San Joaquin County Fiscal Year 2021-2022 Public Improvement Budget (#1040148000), Account (#6301000000) appropriations were increased by $2,000,000 to cover the award cost from the Capital Outlay Fund #37004. If funds are not requested within the Fiscal Year 2021-2022, the funds will carry forward into the 2022-2023 budget.
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SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
4 The purpose of this MOU is to memorialize the use of funding to be provided to the CITY pursuant to COUNTY Board Letter B-8425 (Exhibit H), approved on July 13, 2021, for the Projects described in the Recitals, above.
II. ORDER OF PRECEDENCE
Each of the items listed below is incorporated into this MOU by reference. In the event of any inconsistency in this MOU, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and State of California statutes and regulations.
2. This MOU and its Exhibits:
Exhibit A: Motion_BOS San Joaquin Cities of Lodi_Manteca_Tracy 07 13 2021 Exhibit B: Board Presentation City of Tracy Lodi and Manteca 07 13 2021 Exhibit C: Purchase and Sale Agreement_682 South Main Street Exhibit D: Vicinity Map
Exhibit E: 682 South Main Property Appraisal
Exhibit F: Title Company Settlement Statement
Exhibit G: Mixed-Use and Community Navigation Center Project_Staff report Exhibit H: Board Letter 8425_Lodi_Manteca_Tracy
Exhibit I: W-9 Employer ID #94-6000366
Exhibit J: REQUEST FOR FUNDS_HOMELESS_FINAL
Exhibit K: CITY OF MANTECA_PLANNING MEETING_STAFF REPORTS Exhibit L: Phase 1 Report_682 S Main St
Exhibit M: City of Manteca Project Approval 05 17 2022
III. SCOPE OF SERVICES
CITY agrees to provide housing and services to the homeless vis-à-vis a navigation center, and other services to homeless in Manteca, California - San Joaquin County, and shall utilize the COUNTY funding described herein for the Projects described in the Recitals, above.
CITY shall perform its services and work in accordance with currently approved methods and standards of practice in the CITY’S professional specialty.
IV. GENERAL PROVISIONS
A. Term of Agreement:
This Agreement shall commence on the date of execution through the 31st day of December 2024, unless said work is completed on a date prior thereto or unless terminated earlier as provided herein or extended upon mutual agreement.
B. Interpretation
This MOU shall not be interpreted in favor of any Party by virtue of said Party not having prepared this MOU.
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SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
5 If any time period provided for in this MOU ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
C. Compensation:
1. COUNTY agrees to pay the CITY the sum of TWO MILLION DOLLARS ($2,000,000) for providing services as described in Sections I-III, above.
Payments may be made in multiple installments dependent on supporting documents. The payments cover $2,000,000 at Manteca’s – Homeless Resource Navigation Center.
a) Payments shall be paid within 15 business days of the signed “Request for Funds” form (Exhibit J). All documents showing cost estimates and quotes will need to be supplied to initiate the payments.
b) Copies of all supporting documents for the Manteca’s – Homeless Resource Navigation Center shall be submitted by CITY to COUNTY (including, but not limited to, contractor/concessionaire quotes, agreements, invoices, purchase receipts, payments, and any documents which show City Council approval) shall be submitted by CITY to COUNTY no later than December 30, 2023, via email to [email protected].
c) Any funds paid to CITY pursuant to this MOU that are not used for the approved TEHF Projects by December 30, 2023, shall be returned to COUNTY no later than February 28, 2024.
2. COUNTY shall monitor the CITY performance periodically throughout the term of this MOU, including reconciliation of payments to the actual cost, to ensure that the program is achieving satisfactory performance in relation to the objectives as stated in the Request for Funds. In monitoring the CITY, the COUNTY shall provide written notice concerning any questions and/or requests related to monitoring. In addition, the COUNTY shall provide the CITY sufficient time to respond to and/or answer such questions and/or requests. A failure to respond in a timely manner and/or responding in a manner deemed insufficient shall not result in a material breach of this MOU.
3. Quarterly Project Status Reports are to be supplied by the CITY to the County. The first Quarterly Project Status Report will be due three months from the date the first payment is and received by the CITY. CITY shall submit Project Status Report(s) to the County of San Joaquin, County General Services Department, via email to [email protected]. All reports must reference MOU ID # B-8425.
4. CITY agrees to maintain all program, fiscal, statistical, and management records and make such records available for inspection by COUNTY representatives upon request as described below. The records to be kept and maintained in connection with this MOU shall include, but are not limited to, Property documents, any and all costs associated with the Projects, the opening of the Manteca’s – Homeless Resource Navigation Center, invoices, records of services rendered, and recipient/contractor service-related correspondence. Failure to promptly comply with any COUNTY request for records and/or inspection pursuant to this Section IV shall constitute a breach of this MOU.
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SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
6 5. CITY agrees to maintain all records pertaining to service delivery and fiscal and administrative controls for a minimum of seven (7) years after final payment has been made, or until all pending County, State, and Federal audits are completed, whichever is later.
Upon request, the CITY shall make these records available in the COUNTY to all authorized County personnel within three (3) working days of the request for such records.
6. CITY shall account for all of the expenditures paid by the COUNTY under this MOU, and agrees their financial records shall contain itemized records of all costs related to this MOU. The CITY agrees to follow Generally Accepted Accounting Principles (GAAP) to support COUNTY paid expenditures.
7. Total payments under this MOU shall not exceed TWO MILLION DOLLARS ($2,000.000) for the term of this MOU, as set forth in Section IV(A), above.
D. Invoicing:
CITY shall submit invoice(s) to the County of San Joaquin, County General Services Department, via email to [email protected]. All invoices must reference MOU ID # B-8425 and the service(s) performed.
E. Indemnification:
CITY shall, at its expense, defend, indemnify and hold harmless the COUNTY and its employees, officers, directors, contractors, and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including, without limitation for bodily injury or death, arising from or pertaining to the subject matter of this MOU.
CITY shall hold the COUNTY, its officers, and employees, harmless from liability, of any nature or kind on account of the use of any copyrighted or un-copyrighted composition, secret process, patented, or un-patented invention articles or appliance furnished or used under this order.
Notwithstanding the above, the CITY shall not be liable and/or accountable for any actions, omissions, and/or conduct that solely arises from and/or is caused by the COUNTY.
F. Special Terms and Conditions
1) Grantee shall utilize the local Homeless Management Information System (HMIS) to track services, and clients served.
2) Grantee shall utilize Activate Care to manage and track clients served, capture contact information for care team members, track referrals, and manage and track relevant activities associated with a client’s care.
3) Grantee shall participate in and provide relevant data elements, including, but not limited to, the client’s provider information, housing supports, and referrals in a manner consistent with federal law, into Activate Care, and HMIS. Any health information provided to, or maintained within, the statewide Homeless Management ATTACHMENT 2
SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
7 Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.
G. Insurance:
CITY shall obtain and maintain continuously in effect at all times during the term of this License, at CITY’S sole expense, general liability insurance protecting COUNTY, its officers, employees, and agents against liability which may accrue against COUNTY by reason of CITY’S use of funds pursuant to this MOU. Such insurance must be in the amount of not less than Two Million Dollars ($2,000,000) combined single limits coverage for personal injury, death, or property damage, and shall name the COUNTY and its agents as coinsured thereunder. In addition, the policy shall provide for a thirty (30) day notice to the COUNTY prior to cancellation or material change of the policy. CITY shall promptly supply the COUNTY with a certificate of insurance evidencing compliance with the above requirements.
CITY’S employees, contractors, and concessionaires shall be fully and adequately covered by Worker's Compensation Insurance, as required by law, and shall submit to the COUNTY a certificate of insurance evidencing compliance with such insurance requirements upon execution of this agreement. CITY shall not commence or continue operations on the Premises without the required Worker's Compensation Insurance being in force.
H. Notices:
Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, electronic mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this MOU.
I. Termination:
1. Termination for Cause: If the CITY breaches or habitually neglects its duties under this MOU without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this MOU without prejudice to any other remedy to which the COUNTY may be entitled, either at law, in equity, or under this MOU.
2. Termination for Convenience: In addition, the COUNTY may terminate this MOU upon forty-five (45) days' written notice to the CITY.
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SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
8 J. Conflict of Interest Statement:
CITY covenants that the CITY, its officers, employees, or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this MOU.
CITY further covenants that in the performance of this MOU no person having any such interest shall be employed or retained by the CITY under this MOU. CITY shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical, and similar incidental services, except upon the written approval of the COUNTY. Performance of services under this MOU by associates or employees of the CITY shall not relieve the CITY from any responsibility under this MOU.
K. Force Majeure:
It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules, or regulations of any governmental agencies or other matters or conditions beyond the control of either the CITY or the COUNTY.
L. Compliance:
CITY shall comply with all Federal, State, and local laws, regulations, and requirements necessary for the provision of work and services. Furthermore, the CITY shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health, and sanitation, including, but not limited to, payment of prevailing wage pursuant to California law. CITY shall maintain the current throughout the life of this MOU, all permits, licenses, certificates, and insurances that are necessary for the provision of contracted services.
M. Disputes and Remedies:
1. At the COUNTY's sole discretion, the COUNTY may elect to raise a dispute, claim, or breach by submitting it, in writing, to CITY. Such dispute, claim, or breach would include conditions and time constraints required of CITY to remedy.
2. Neither the pendency of a dispute, claim, or breach nor its consideration will excuse the parties from full and timely performance in accordance with terms of this MOU.
3. Any legal action or proceeding with respect to this MOU shall be brought in the courts of the State of California for the County of San Joaquin, or the courts of the United States of America for the Eastern District of California, and in no other courts. CITY hereby accepts such jurisdiction and venue and generally and unconditionally waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non-conveniens. The provision of this paragraph shall survive the expiration or other termination of this MOU regardless of the cause of such termination.
4. In any action brought by a party to enforce the terms of this MOU, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable ATTACHMENT 2
SAN JOAQUIN COUNTY MOU ID: B-8245 CITY OF MANTECA
9 value of services provided by either party’s counsel shall be capped at the hourly rate charged by Deputy County Counsel IV attorneys in the office of the County Counsel of San Joaquin County, California.
N. Documents:
All drawings, specifications, documents, and other memoranda or writings relating to the work and services hereunder shall remain or become the property of the COUNTY whether executed by or for the CITY for the COUNTY, or otherwise by or for the CITY, or by or for a subcontractor operating under the CITY supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to the COUNTY forthwith upon the COUNTY written demand, termination or completion of the work under this MOU.
O. Entire MOU and Modification:
This MOU and all documents incorporated by reference herein supersede all previous agreements between the Parties hereto, either oral or written, and constitute the entire understanding of the Parties with respect to the subject matter described herein. No changes, amendments, or alterations shall be effective unless in writing and signed by both Parties.
P. If any term of the MOU is found to be illegal, invalid, or unenforceable under applicable law, such term shall be excluded to the extent of such illegality, invalidity, or unenforceability; all other terms of this MOU shall remain in full force and effect; and, to the extent permitted and possible, the illegal, invalid or unenforceable term shall be replaced by a term that is legal, valid and enforceable and that comes closest to expressing the intention of such illegal, invalid or unenforceable term.
IN WITNESS WHEREOF, COUNTY and CITY have executed this MOU effective on the day and year first written above.
City of Manteca COUNTY OF SAN JOAQUIN, a
1001 W. Center Street the State of California
Manteca, CA 95337
By: By: _____________________________
Marcia Cunningham
Director
__________________
Toni Lundgren
Interim City Manager
City Manager’s Office General Services Department
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