Oroville City Council
December 6, 2022

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: REVISED 2022 PLHA COMPETITIVE GRANT APPLICATION AND

RESOLUTION FOR LINCOLN STREET APARTMENTS PHASE I
DATE: DECEMBER 6, 2022

SUMMARY
The Council may approve the filing of a revised application to the Department of Housing and Community Development (HCD) for $2,500,00 for the new multi-family development of Lincoln Street Family Apartments Phase I.

DISCUSSION
Pursuant to the Building Homes and Jobs Act (SB2, 2017), the Department of Housing and Community Development has been collecting a $75.00 recording fee on all real estate documents to increase the supply of affordable housing in California. SB2 established the Fund and authorizes the Department to allocate 70 percent of the monies collected and deposited into the Fund, beginning in calendar year 2019, to local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to local governments for housingrelated projects and programs that assist in addressing the unmet housing needs of their local community. The non-entitlement competitive grant program component assists persons experiencing homelessness or are At-Risk of homelessness and to also provide investments that increase the supply of housing to households with incomes of 60 percent or less of the Area Median Income (AMI).

On August 2, 2021, the City was notified of a Community Development Block Grant Disaster Recovery (CDBG-DR) Multi-family Housing Program grant award in the amount of $8,850,089 for Lincoln Street Family Apartments. On August 2, 2022, the City Council approved an amended resolution to increase the CDBG-DR award to include Lincoln Street Senior Apartments with an increased award amount of $17,000,089. This amendment is in the process of being approved by State CDBG.

Each phase will consist of sixty-one (61) units and at least 10% will be restricted to occupancy by tenants who are homeless or at risk of homelessness. 216
Item 14.

On November 15, 2022, Council approved the submittal of an application for Phase I in the amount of $1,700,000 and for Phase II in the amount of $2,500,000. Staff was notified by the developer, the Richman Group, that they had to make a change to their underwriting and increased the amount of the PLHA ask to $2,500,000 for each project.

Lincoln Street Family Phase I- Though this project has an allocation of tax credits, CDBG-DR Multifamily Housing Funds and project-based vouchers, it has experienced three impacts: tax credit pricing expectations decreased, interest rates have increased and the project is experiencing general cost inflation in terms of architecture and engineering, insurance and construction costs. What was once a fully funded project now has a gap that the developer is trying to fill with PLHA funding.

The Richman Group is requesting partnership with the City of Oroville to apply for the PLHA funds in order to complete development of the Lincoln Street Apartments Phase I and Phase II.

FISCAL IMPACT
None. Five percent of the grant funds may be used for administrative costs.

RECOMMENDATION

1. Approve the submittal of PLHA Competitive Program grant application for $2,500,000 for Lincoln Street Family Apartments Phase I.

2. Authorize staff to implement grant if awarded, and

3. Adopt Resolution No. 9115 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF OROVILLE, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NONENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT FOR

LINCOLN STREET FAMILY APARTMENTS PHASE I IN THE AMOUNT OF $2,500,000.

ATTACHMENTS
Resolution No. 9115
217
Item 14.

CITY OF OROVILLE
RESOLUTION NO. 9115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA

AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE

COMPONENT FOR LINCOLN STREET FAMILY APARTMENTS PHASE I IN THE AMOUNT OF $2,500,000.
(‘Applicant”) hereby consents to, adopts and ratifies the following resolution:

A. WHEREAS the Department is authorized to provide up to $24 million under the SB 2 Permanent Local Housing Allocation Program Competitive Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).; and
B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 10/14/2022 under the Permanent Local Housing Allocation (PLHA) Program Competitive Component.

C. WHEREAS the City of Oroville is an eligible non-entitlement Local government who has applied for program funds to administer an eligible activity; for the development of a new multi-family rental housing project Lincoln Street Family Apartments Phase I and the amount of CPLHA funds not to exceed $2,500,000.

D. WHEREAS, the Department may award, subject to selection criteria set forth in PLHA guidelines section 403, funding allocations for applicants recommended for funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA competitive grant recipients.

NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. If Applicant is awarded a grant of PLHA funds from the Department pursuant to the above referenced PLHA Competitive Component NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant hereby agrees to use the PLHA funds for the eligible activity for which the Applicant has submitted an application, as set forth in Section 401 of the Guidelines, and as awarded and approved by the Department in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
218
Item 14.

3. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for the eligible Activity for which the Applicant has submitted an application, and consistent with all program requirements.

4. Applicant certifies that, if funds are awarded for the development of new multifamily housing at or below 60 AMI or substantial rehabilitation of multifamily rental housing at or below 60 percent of AMI, Applicant shall comply with Uniform Multifamily Regulations Subchapter 19, Title 25, Division 1, Chapter 7, commencing with Section 8300 and the Multifamily Housing Program Guidelines commencing with Section 7300,

5. Applicant certifies that, if funds are awarded for the development of an Affordable Rental Housing Development, the Local Government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the Project for a term of at least 55 years.

6. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

7. If applicable, Applicant proposes allocation of funds for the awarded activity to Lincoln Street Family Apartments. Applicant certifies that the selection process that resulted in the allocation to Lincoln Street Family Apartments complied with all conflict of interest laws and prohibitions and was accessible to the public throughout the selection process and by request via the Public Records Act.

8. The City Administrator is authorized to execute the PLHA Competitive Component Program Application, the PLHA Competitive Component Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA Competitive Component grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on December 6, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
219
Item 14.

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk

CERTIFICATE AND SIGNATURE OF THE ATTESTING OFFICER
The undersigned, Officer of the City of Oroville does hereby attest and certify that City Council of the City of Oroville Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of the City of Oroville which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:
______________________________
Signature of Attesting Officer
Jackie Glover, Assistant City Clerk
220
Item 14.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS, CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: APPROVE AGREEMENT FOR ENCAMPMENT RESOLUTION FUNDING GRANT NUMBER 22-ERF-2-L-10006 AND AUTHORIZE THE

EXECUTION OF SUB-RECIPIENT AGREEMENT WITH OROVILLE

RESCUE MISSION FOR MISSION ESPERANZA
DATE: DECEMBER 6, 2022

SUMMARY
The City Council may consider approving an agreement in the amount of $2,733,374.11, with the California Business, Consumer Services and Housing Agency for Encampment Resolution grant number 22-ERF-2-L-10006, funding to support capacity building efforts to provide outreach, housing and supportive services to unsheltered persons residing in the city of Oroville.

Additionally, the City Council may consider authorizing the execution of a sub-recipient agreement with the Oroville Rescue Mission to provide housing and supportive services articulated for Mission Esperanza.

DISCUSSION
The State of California has established the Encampment Resolution Funding (ERF) Program pursuant to Division 31 of the Health and Safety Code. The Program is administer by the California Interagency Council on Homelessness (Cal ICH) in the Business, Consumer Services and Housing Agency. The ERF provides one-time, competitive grant funds to local jurisdictions to fund local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through low-barrier, Housing First approaches.

In December 2021, city staff, in partnership with the Oroville Rescue Mission (Mission), submitted a competitive application that was awarded funding in October 2022 under Round 2 Lookback funds. The city will enter into a sub-recipient agreement with the Mission to provide housing and supportive services articulated in the city’s response to the state’s Request for Applications.

FISCAL IMPACT
221
Item 15.

No impact to the General Fund. Potential revenue for encampment resolution and housing activities in the amount of $2,733,374.11.

RECOMMENDATION

1. Adopt Resolution No. 9112- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA APPROVING THE GRANT AWARD NUMBER 22-ERF2-L-10006 OF $2,733,374.11 FOR ENCAMPMENT RESOLUTION FUNDING.

2. Adopt Resolution No. 9113- A RESOLUTION AUTHORIZING THE EXECUTION OF A

SUB-RECIPIENT AGREEMENT WITH THE OROVILLE RESCUE MISSION TO

PROVIDE THE NECESSARY HOUSING AND SUPPORTIVE SERVICES IN SUPPORT OF THE ENCAMPMENT RESOLUTION FUNDING.

ATTACHMENTS

1. Resolution 9112

2. Resolution 9113

3. STD 213 Standard Agreement Cover Page

4. Exhibits A-E
222
Item 15.

CITY OF OROVILLE
RESOLUTION NO. 9112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA APPROVING THE GRANT AWARD NUMBER 22-ERF-2-L-10006 OF $2,733,374.11 FOR ENCAMPMENT RESOLUTION FUNDING.

BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Oroville City Council hereby approves the grant award of $2,733,374.11 for Encampment Resolution Funding.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on December 6, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 223
Item 15.

CITY OF OROVILLE
RESOLUTION NO. 9113

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA

AUTHORIZING THE EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH THE

OROVILLE RESCUE MISSION TO PROVIDE NECESSARY HOUSING AND SUPPORTIVE SERVICES IN SUPPORT OF THE ENCAMPMENT RESOLUTION FUNDING.

BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Oroville City Council hereby authorizes the execution of a sub-recipient agreement with the Oroville Rescue Mission to provide necessary housing and supportive services in support of the encampment resolution funding.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on December 6, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 224
Item 15.

SUBRECIPIENT AGREEMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE
AND

THE OROVILLE RESCUE MISSION
FOR
MISSION ESPERANZA (22-ERF-2-L-10006)
THIS AGREEMENT entered this 6
TH day of DECEMBER 2022 by and between the City of Oroville (herein called the “Grantee”) and Oroville Rescue Mission. (herein called the “Subrecipient”).

WHEREAS, the Grantee has applied for and received funds from the California Business, Consumer Services and Housing Agency Encampment Resolution Funding Grant Program (“the Department/Cal ICH”) pursuant to Division 31 of the Health and Safety Code; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds for an eligible activity entitled Mission Esperanza, funded under Encampment Resolution Funding, 22-ERF2-L-10006; which provides one-time, competitive grant funds to local jurisdictions to fund local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through low-barrier, Housing First approaches.

NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
Subrecipient will be responsible for administering ERF Grant 22-ERF-2-L-10006 in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Subrecipient shall manage, operate, coordinate all activities of the Oroville Rescue Mission during the entire term of the Agreement with Cal ICH and under the same terms and conditions of the Encampment Resolution Funding grant agreement, the Request for Applications under which the Grantee and Subrecipient collaboratively applied, and Cal ICH guidance or directions, and the requirements appearing in the statutory authority for the ERF Program. Such program will include the following activities eligible under the ERF Grant program:

Program Delivery
Activity #1: Direct Services and Housing
Provide staff to conduct outreach, engagement, case management, life skills training, housing navigation and transportation services that feature data-informed, innovative service delivery and cross systems collaboration that support individuals experiencing homelessness in encampments move towards safe and stable housing through nonpunitive, low-barrier, person-centered, housing first approaches (W&I Code Section 8255).
225
Item 15.

Activity #2: Direct Services and Housing
Provide both congregate and non-congregate sheltering services; 3 meals per day; access to bathrooms, showers and laundry services; storage for guests; access to supportive services/linkages; and security for the environment.

Activity #3: Direct Services and Housing
Enter all required data elements and supplemental client information into the Continuum of Care’s Homeless Management Information System (HMIS). All intakes and assessments must be entered into the HMIS system within 48 hours of program entry.

Subrecipient will also conduct all administrative duties in conjunction with activities #1 and #2, above.

B. Reporting, Evaluation and Audits
Subrecipient is required to provide Grantee, and/or Cal ICH with all data and outcomes that may inform an assessment of the funded project. Subrecipient shall work with the Grantee’s consultant to provide quarterly outcomes and a final work product report prior to this Agreement’s termination. Subrecipient shall submit all programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template provided by Cal ICH. Subrecipient is required to provide:
 Outreach and service path data at the anonymized, individual level;  Current housing status of persons served in the aggregate;  Status of funding as presented in the budget included herein at Attachment A  Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes
If Cal ICH requires the Mission Esperanza project to be evaluated by a third-party, Subrecipient shall participate in the program evaluation and provide all requested data and documentation to the third-party evaluator upon request.

C. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against outcomes as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.
226
Item 15.

I. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 6thday of December 2022__ and end on September 30, 2025 . The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of Encampment Resolution funds. Subrecipient is expected to continue performing until March 31, 2026 to ensure the timely and accurate reporting, candid communication of success or shortcomings and availability of person, information or materials.

II. BUDGET
Grantee shall provide a quarterly advance to Subrecipient to cover costs of Subrecipient staffing and service provision per the approved budget (Attachment A-highlighted line items in blue).

Any indirect costs charged must be consistent Attachment A of this Agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.

III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $1,290,015. Drawdowns for the payment of eligible expenses shall be made against the line-item budgets specified in Paragraph III herein and in accordance with performance. Grantee shall advance to Subrecipient, in equal installments, an amount not to exceed $107,501 per quarter, to cover the costs of staffing, services and administration.

IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), or electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this contract shall be directed to the following contract representatives:

V. SPECIAL CONDITIONS
Cal ICH and Grantee maintain sole authority to determine if Subrecipient is acting in compliance with the program objectives and may direct the Subrecipient to take specified actions or risk breach of this Agreement. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. Pertaining to Harm Reduction Philosophy and implementation, the Subrecipient agrees to comply with 227
Item 15.
all Oroville municipal codes. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.

C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.

D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

E. Insurance & Bonding
F. Insurance
Subrecipient shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subrecipient, its agents, representatives, employees, or subcontractors.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employee’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:
228
Item 15.

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $1,000,000 per occurrence.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity.

At the option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Entity, its officers, officials, employees and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

1. The Entity, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant.

2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the Entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code 229
Item 15.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Consultant shall furnish the Entity with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Assignment
This Agreement is not assignable by the Subrecipient either in whole or in part, without the consent of the Grantee in the form of a formal written amendment.

H. Amendments
This Agreement any be amended modified or supplemented only by a writing executed by each of the parties. Any party may in writing waive any provision of this Agreement to the extent such provision is for the benefit of the waiving party. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on either party.

I. Suspension or Termination
Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:

1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and Cal ICH program guidelines, policies or directives as may become applicable at any time;

2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;

3. Ineffective or improper use of funds provided under this Agreement; or

4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.

This Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.
230
Item 15.

J. Disputes
Subrecipient shall continue with the responsibilities under this Agreement during any dispute.

K. Indemnification
Subrecipient agrees to indemnify, defend and hold harmless the Grantee, its officers, agency and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement,, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Subrecipient in the performance of this Agreement.

VI. ADMINISTRATIVE REQUIREMENTS
A. Inspection and Retention of Records

1. Records to be Maintained
Cal ICH or Grantee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

Subrecipient agrees to provide Cal ICH or Grantee with any relevant information requested. Subrecipient agrees to give Cal ICH or Grantee access to is premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts and other materials that may be relevant to an investigation of compliance with the ERF program laws, al ICH guidance or directives, and this Agreement.

2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years after the termination of this Agreement. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.

3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.

The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s 231
Item 15.
responsibilities with respect to services provided under this contract, is prohibited by State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

4. Nondiscrimination
Subrecipient shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex/gender, sexual orientation, gender identify, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability, mental disability , medical condition, age, genetic information, marital status, military or veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state of federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

5. Subrecipient is subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

6. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Subrecipient hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Grantee’s policy of maintaining a drug-free workplace; 232
Item 15.
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment or subcontract.

7. Child Support Compliance Act
Subrecipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limit to , disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 of Part 5 of Division 9 of the Family Code.

B. Reporting and Payment Procedures

1. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.

2. Progress Reports
The Subrecipient shall submit regular Progress, Financial and Annual Reports to the Grantee in the form, content, and frequency as required by the Grantee and Cal ICH.

A. Conduct

1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval.

Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 233
Item 15.

2. Subcontracts
a) Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b) Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c) Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d) Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.

VII. Severability
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

VIII. Waiver
Subrecipient’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

IX. Compliance with State and Federal Laws, Rules, Guidelines and Regulations Subrecipient agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the Encampment Resolution program, the Grantee, its subrecipients, and all eligible activities.

Subrecipient shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Subrecipient shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances.

Subrecipient shall provide copies of permits and approvals to Cal ICH upon request.

XII. Inspections
234
Item 15.
a) Subrecipient shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) Cal ICH rad Grantee reserve the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
c)Subrecipient agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the contractors/vendors until it is corrected.

X. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.

Date
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
.

City of Oroville: Oroville Rescue Mission
By By
Chuck Reynolds, Mayor Allan Dikes, Executive Director
Approved as to Form: Attest:

By__________________________________ By___________________________ Scott E. Huber, City Attorney Bill LaGrone, City Administrator 235
Item 15.

2. The term of this Agreement is:
236
Item 15.
237
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Encampment Resolution Funding Program
Round 2, Lookback Disbursement (ERF-2-L)
Standard Agreement

EXHIBIT A

AUTHORITY, PURPOSE, AND SCOPE OF WORK
1) Authority

The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The Program is administered by the California Interagency Council on Homelessness (Cal ICH) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to continuums of care and / or local jurisdictions as defined below. To date, there have been two rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Lookback Disbursement in Round 2 of the ERF Program (“ERF-2-L”). For this Standard Agreement, ERF-2-L is synonymous with “ERF” or “Program”.

This Standard Agreement along with all its exhibits (“Agreement”) is entered into by the Cal ICH and a continuum of care or a local jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Request for Applications (“RFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance or directives, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose
As stated in the RFA, the program incorporates two interdependent objectives. a) The Program funds local demonstration projects that feature data-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through non-punitive, low-barrier, personcentered, Housing First approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255, must serve a specific encampment site, and be designed to achieve sustainable outcomes for both recipients of services and the encampment site to be resolved.
238
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
b) In close partnership with Grantees, Cal ICH or its agents will analyze Grantee’s demonstration projects to evaluate activities and outcomes for the purpose of sharing scalable and replicable encampment resolution models that may be implemented across the state.
3) Definitions

The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code Section 50250, Subdivisions (a) – (l);

(a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency. (c) “Applicant” means a continuum of care or local jurisdiction (d) “Continuum of care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f) “County” includes, but is not limited to, a city and county. (g) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(h) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) “Local jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (j) “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
(k) “Recipient” means an applicant that receives grant funds from the council for the purposes of the program.
(l) “State right-of-way” means real property held in title by the State of California Additional definitions for the purposes of ERF program:
“Grantee” is synonymous with “Recipient”
“Subrecipients” or “subgrantees” are entities that receive subawards from “recipients” or “grantees” to carry out part of the Program. 239
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding. Grantees must obligate the funds by the statutory deadlines set forth in this Exhibit A.
4) Scope of Work

This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

As detailed in Exhibit A.2, the Program has two, interdependent objectives. First, grantees will implement ERF funded local demonstration projects. Second, in close partnership with Grantees, Cal ICH will evaluate the manner and outcomes of this implementation. Those learnings will be shared across the state.

Grantees will implement their ERF funded local demonstration projects in compliance with the terms and conditions of this Agreement, the Request for Applications (“RFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance or directives, and the requirements per the authorizing statute.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Disbursement Provisions. Prior to fully executing this agreement, Grantees must standardize their budget using an Cal ICH provided budget template.

Because of the legislative intent to share scalable and replicable encampment resolution models, Grantees are expected to be close partners with Cal ICH. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in Exhibit D.4. Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6. Effective Date, Term of Agreement, and Deadlines.

Grantees shall complete a Final Work Product (As detailed below in Exhibit A.6.d.) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will make Technical Assistance available. 240
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final. 5) Cal ICH Contract Coordinator

The Cal ICH’s Contract Coordinator for this Agreement is the Council’s Grant Development Section Chief or the Grant Development Section Chief’s designee.

Unless otherwise instructed, any communication shall be conducted through email to the Cal ICH Contractor Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, BCSH shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to Cal ICH and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: Business, Consumer Services and
Housing Agency City of Oroville
SECTION/UNIT:

California Interagency Council on
Homelessness
(Cal ICH)

ADDRESS: 801 Capital Mall, 6th floor
Sacramento, CA, 95814
1735 Montgomery St.,
Oroville, CA 95965

CONTRACT
COORDINATOR Jeannie McKendry Suzi Kochems
PHONE
NUMBER: (916) 510-9446 (530) 228-7811
EMAIL
ADDRESS:

[email protected] and
[email protected] [email protected]

The Council reserves the right to change their Cal ICH Contractor Coordinator, designee, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the Cal ICH grant’s general email box at [email protected].

241
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon execution by Cal ICH. This is indicated by the Cal ICH provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
b) Performance shall start no later than 30 days, or on the express date set by Cal ICH and the grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
c) Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed. d) This Agreement will terminate on March 31, 2026.

Grantees shall submit a Final Work Product by September 30, 2025. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by Cal ICH

Cal ICH will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by March 31, 2026.

Grantees are expected to continue performing until March 31, 2026. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials. e) Expenditure Deadlines:
i. Grantees shall expend no less than 50 percent of Program funds by June 30, 2024. Any funds not expended by this date shall be returned to the council pursuant to HSC Section 50253(d). Cal ICH will use quarterly fiscal reporting as required in Exhibit D.4.a. of this agreement to determine the amount to be returned.
ii. All Program funds (100 percent) shall be expended by June 30, 2025. Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(d).
f) Obligation Deadlines:
242
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
All Program funds (100 percent) shall be obligated by June 30, 2024. Recipients that do not meet this requirement shall submit to the council within 60 days of the end of the second fiscal year a plan for obligating 100 percent of their allocation within six months. The council may subject recipients that do not meet the underlying 100 percent obligation requirement to additional corrective action determined by the council.
7) Special Conditions
Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final. 243
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Encampment Resolution Funding Program
Standard Agreement

EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to Encampment Resolution funds being released:

• Request for Funds Form (“RFF”)
• STD 213 Standard Agreement form and initialed Exhibits A through E • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 2) Disbursement of Funds
Encampment Resolution funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS), and the State Controller’s Office (SCO).

The RFF must include the total amount of Program funds proposed to be expended.

The Encampment Resolution funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
3) Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted standardized budget. Grantees must standardize their budget using an Cal ICH provided budget template. Cal ICH reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted standardized budgets.

To ensure efficient and reliable processing, grantees shall submit budget change requests through a designated submission portal (i.e., currently Cognito, though subject to change). These requests will be reviewed in the first week of each month.

Failure to submit by 5 pm on the 1st day of the month subjects a Grantee to having their budget change request being reviewed the following month. Cal ICH may consider budget change requests outside of this timeline and through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

Cal ICH reserves the right to amend or adjust this process as necessary.

Budget Changes
244
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by Cal ICH so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must otherwise be approved by the Council’s Grant Development Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grant Development Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from the Grant Manager or their designee as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6. Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change as considered by a reasonable project manager should be submitted to Cal ICH for approval.

These eligible uses and activities must be consistent with Health and Safety Code (HSC) Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the Request for Applications (“RFA”) under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.

Eligible uses and activities include, but are not limited to, the following:

Direct Services and Housing Options: activities to address immediate crisis needs and paths towards safe and stable housing for people living in encampments including, but not limited to, street outreach and engagement, housing and/or systems navigation, interim housing, and permanent housing.

Capacity Building: activities to enhance the systems carrying out the demonstration project including, but not limited to, service coordination efforts, establishing and strengthening cross-system partnerships, and workforce development including specialized training and contracting with providers of culturally specific interventions.

Sustainable Outcomes: activities and interventions to ensure sustained outcomes for the people served and to support sustained restoration of encampment sites to their intended or original state.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.
245
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Program funds shall not be expended on Ineligible Costs as detailed immediately below.
4) Ineligible Costs

Encampment Resolution funds shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code (HSC) Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the Request for Applications (“RFA”) under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.

Costs shall not be used for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of Encampment Resolution fund expenditures.

Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use Encampment Resolution funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH at an amount and timeframe determined by Cal ICH.

An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to Cal ICH by the Grantee at an amount and timeframe determined by Cal ICH.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.

Unless expressly approved by Cal ICH in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.

246
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Encampment Resolution Funding Program
Standard Agreement

EXHIBIT C

STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.
247
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Encampment Resolution Funding Program
Standard Agreement

EXHIBIT D

GENERAL TERMS AND CONDITIONS

1) Termination and Sufficiency of Funds
a) Termination of Agreement
Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit D; violation of any federal or state laws; or withdrawal of Cal ICH’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH’s specified date of termination. b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12. (Special Conditions – Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.

3) Grantee’s Application for Funds
Grantee submitted a budget to Cal ICH as part of their application for the Program.

Prior to fully executing this agreement, Grantees must standardize their application’s budget using an Cal ICH provided budget template.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications (e.g., standardized budget) 248
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
and additions thereto are true, correct, and complete to the best of Grantee’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 Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4) Reporting, Evaluation, and Audits

a) Reporting Requirements
i. Grantee is required to provide Cal ICH or its agents with all data and outcomes that may inform an assessment of the funded project. Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination. Grantees will be required to provide:
• Outreach and service path data at the anonymized, individual level; • Current housing status of persons served in the aggregate; • Status of funding as presented in the Cal ICH approved, standardized budget; and
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes.

Cal ICH’s discretion in identifying which information shall be included in these reports is absolute and final.

Pursuant to Health and Safety Code (HSC) Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Pursuant to HSC Section 50254(b)(4), Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served. 249
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
ii. The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 90 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
iii. If the Grantee fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
b) Evaluation
i. At Cal ICH’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, the Cal ICH will contract a third party to complete the evaluation. ii. Grantees are expected to be close partners with Cal ICH for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of success or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with Cal ICH or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by Cal ICH or its designee.
iii. For the purpose of evaluation, Cal ICH or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice. Cal ICH will comply with Grantee’s site visit terms during any site visits.
iv. Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
v. Grantees shall notify Cal ICH and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
vi. All terms and conditions that apply to reporting similarly apply to evaluation. c) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.

At Cal ICH request, the Grantee shall provide, at its own expense, a financial 250
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:

i) The audit shall be performed by an independent certified public accountant.

ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Encampment Resolution Funding Program laws, Cal ICH guidance or directives, and this Agreement. b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
6) Breach and Remedies
a) Breach of Agreement
251
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Breach of this Agreement includes, but is not limited to, the following events:

i. Grantee’s failure to comply with the terms or conditions of this Agreement. ii. Use of, or permitting the use of, Encampment Resolution funds provided under this Agreement for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:
i. Conduct a program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. ii. Bar the Grantee from applying for future Encampment Resolution funds; iii. Revoke any other existing Encampment Resolution award(s) to the Grantee;
iv. Require the return of any unexpended Encampment Resolution funds disbursed under this Agreement;
v. Require repayment of Encampment Resolution funds disbursed and expended under this Agreement;
vi. Require the immediate return to Cal ICH of all funds derived from the use of Encampment Resolution funds
vii. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with Encampment Resolution requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive. d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these 252
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract 253
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Grantee’s policy of maintaining a drug-free workplace; iii. Any available counseling, rehabilitation, and employee assistance program; and
254
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
iv. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment or subcontract.

11) Child Support Compliance Act

For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12) Special Conditions – Grantees/Subgrantee

The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of Encampment Resolution funds. Failure to comply with these conditions may result in termination of this Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
255
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
ii. Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
iv. Agree to include and enforce all the terms of this Agreement in each subcontract.
13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations

The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the Encampment Resolution program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request. 14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 256
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
15) Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH.
257
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
Encampment Resolution Funding Program
Standard Agreement

EXHIBIT E

SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Cal ICH.
2) Grantee shall utilize its local Homeless Management Information System (HMIS) to track Encampment Resolution funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate - Encampment Resolution specific funding sources and project codes in HMIS).
3) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or “HDIS”), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 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. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.
5) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape 258
Item 15.

City of Oroville
22-ERF-2-L-10006

Initial Here________
all levels of planning and implementation, including through opportunities to hire people with lived experience.
6) Cal ICH maintains sole authority to determine if a grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final. 259
Item 15.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: CONSIDER AND ADOPT THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE POLICE OFFICER’S

ASSOCIATION SWORN AND NON-SWORN UNITS
DATE: DECEMBER 6, 2022

SUMMARY
The City Council will consider and adopt the side letter agreement between the City of Oroville and the Oroville Police Officer’s Association Sworn and Non-Sworn Units (OPOA).

DISCUSSION
For the past year it has been extremely difficult to recruit and retain personnel at the Police Department. It has been particularly difficult to attract new Police Officers. This trend is not limited to Oroville. The Policing profession has been under heavy scrutiny for many reasons.

There has been concerted efforts to undermine and discredit the policing profession. Some of these efforts have been earned others are for less then honorable reasons. To compound the problem inflation has played a serious role in driving Officers to other agencies that have better pay and benefits. It is not uncommon for an Officer to move on due to pay.

The City has traditionally been competitive in our pay structure; due to the length of the prior contract and fast-moving inflation we are no longer competitive. To keep ourselves competitive and retain the Officers, we currently employ it is necessary to adjust our pay structure. Staff has worked with the OPOA and our negotiators and developed a structure that will make our department competitive with surrounding agencies.

The negotiated tentative agreement includes a competitive pay scale as well as Senate Bill 2 language and shift differently pay clean up language.

The pay scale suggested in based on time in grade, once an Officer reaches a certain amount of time in the profession, they will advance to the next pay step. See attached side agreement of additional detail.

The shift differential is based on swing shift and graveyard shift. The shift differential language simply cleans up start times for these shifts. See attached side agreement of additional detail.
260
Item 16.

The Senate Bill 2 language clarifies what will happen while POST reviews the decertification of a Police Officers credentials. It was important to include this language to ensure all parties are aware of the process if an event occurs that necessitate this process. See attached side agreement of additional detail.

The Oroville Police Officer’s Association Sworn and Non-Sworn Units (OPOA) has met and negotiated these side letter agreements. Staff is recommending this agreement be retroactive to November 28, 2022, the start of the most current pay period.

FISCAL IMPACT
The fiscal impact will be approximately $235,000 annually and $137,083 for the remainder of this current fiscal year ending 6/30/23.

RECOMMENDATION
Adopt A SIDE LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE POLICE OFFICERS’ ASSOCIATION - SWORN UNIT AND NON-SWORN UNIT.
261
Item 16.

THE CITY OF OROVILLE
AND
THE OROVILLE POLICE OFFICERS’ ASSOCIATION NON-SWORN UNIT

SIDE LETTER AGREEMENT
TO
FEBRUARY 19, 2019 – JUNE 30, 2023

MEMORANDUM OF UNDERSTANDING
Pursuant to the Meyers-Milias-Brown Act (“MMBA”), this Side Letter Agreement is entered into on December 6, 2022, between the City of Oroville (“City”) and the Oroville Police Officers’ Association herein referred to as (“OPOA”)(Non-Sworn).

It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral and written, regarding the matters contained herein. The parties have met and conferred in good faith and the OPOA NS and the City agree as follows:

The parties have agreed to the following revisions:

9.1 SALARY
Existing language:

9.1 The City agrees to compensate OPOA employees in accordance with the Classification and Compensations as set forth in the attached Exhibit “A” Replaced with:

9.1 The City agrees to compensate OPOA employees in accordance with the Classification and Compensations as set forth below:

Position 0-18 months 19-36 Months 37 months and above
Police Officer 75,013 / 36.06 hrly 78,764 / 37.86 hrly 82,702 / 39.76 hrly Police Sergeant 93,844 / 45.12 hrly 98,536 / 47.37 hrly 103,463 / 49.74 hrly Dispatcher 51,848 / 24.93 hrly 54,441 / 26.17 hrly 57, 163 / 27.48 hrly Admin Assistant 51,768 / 24.88 hrly 54,365 / 26.13 hrly 57,074 / 27.44 hrly Records Clerk 43,381 / 20.86 hrly 45,550 / 21.90 hrly 47,827 / 22.99 hrly 262
Item 16.

13.1 SHIFT DIFFERENTIAL PAY – Employees working swing shift (between the hours of 1600 and 2000) shall receive an additional $0.58 per hour to their base pay for shift differential. Employees working the graveyard shift (between the hours of 2000 and 0600) shall receive an additional $1.16 per hour to their base pay for shift differential pay.

Replaced with:

13.1 Shift Differential Pay
The Oroville Police Department has three set hours of operation designated as (Day Shift 0600-1400), (Swing Shift 1400-2200), (Graveyard Shift 2200-0600). Any hours worked between 0600-1400 would not receive any shift differential over the hourly rate of pay. Any hours worked between 1400-2200 would receive $.58 shift differential over the hourly rate of pay. Any hours worked between 2200-0600 would receive $1.16 shift differential over the hourly rate of pay. For example, an officer working 0600 to 1800 (12 Hrs.) would receive no shift differential for hours worked from 0600 to 1400 but would receive swing shift differential of $.58 for hours worked from 1400 to 1800. For an officer working 1800 to 0600 (12 Hrs.) would receive swing shift differential for hours between 1800 – 2200 and would receive graveyard differential for hours between 2200-0600. For an officer working 1200-2400 (12Hrs.) they would receive no shift differential for hours worked from 1200-1400, would receive swing shift differential of $.58 for hours worked from 1400-2200 and graveyard differential of $1.16 for hours worked from 2200-2400.

Shift Differential shall not be applied for paid absence from duty such as sick leave, safety time, vacations, holidays, or any paid time off from accruals. Shift differentials shall only apply to hours actually worked.

This Side-Letter Agreement modifies the original language but not the intent and the current practices of the Parties. The signatures below indicate agreement with the above-described interpretation of the relevant MOU language and further indicate that each person signing has the authority to act on behalf of his/her principals.

Oroville Police Officers Association, CITY OF OROVILLE
Date: ____________________________
Date:
________________________________
By: ____________________________
Donna Powers,
Vice-President OPOA NS
By: ___________________________
Bill LaGrone,
City Administrator
263
Item 16.

THE CITY OF OROVILLE
AND
THE OROVILLE POLICE OFFICERS’ ASSOCIATION SWORN UNIT

SIDE LETTER AGREEMENT
TO
FEBRUARY 19, 2019 – JUNE 30, 2023

MEMORANDUM OF UNDERSTANDING
Pursuant to the Meyers-Milias-Brown Act (“MMBA”), this Side Letter Agreement is entered into on December 6, 2022, between the City of Oroville (“City”) and the Oroville Police Officers’ Association herein referred to as (“OPOA”).

It is understood and agreed that the specific provisions contained in this Side Letter Agreement shall supersede any previous agreements, whether oral and written, regarding the matters contained herein. The parties have met and conferred in good faith and the OPOA and the City agree as follows:

The parties have agreed to the following revisions:

9.1 SALARY
Existing language:

9.1 The City agrees to compensate OPOA employees in accordance with the Classification and Compensations as set forth in the attached Exhibit “A” Replaced with:

9.1 The City agrees to compensate OPOA employees in accordance with the Classification and Compensations as set forth below:

Position 0-18 months 19-36 Months 37 months and above
Police Officer 75,013 / 36.06 hrly 78,764 / 37.86 hrly 82,702 / 39.76 hrly Police Sergeant 93,844 / 45.12 hrly 98,536 / 47.37 hrly 103,463 / 49.74 hrly Dispatcher 51,848 / 24.93 hrly 54,441 / 26.17 hrly 57, 163 / 27.48 hrly Admin Assistant 51,768 / 24.88 hrly 54,365 / 26.13 hrly 57,074 / 27.44 hrly Records Clerk 43,381 / 20.86 hrly 45,550 / 21.90 hrly 47,827 / 22.99 hrly 264
Item 16.

13.1 SHIFT DIFFERENTIAL PAY – Employees working swing shift (between the hours of 1600 and 2000) shall receive an additional $0.58 per hour to their base pay for shift differential. Employees working the graveyard shift (between the hours of 2000 and 0600) shall receive an additional $1.16 per hour to their base pay for shift differential pay.

Replaced with:

13.1 Shift Differential Pay
The Oroville Police Department has three set hours of operation designated as (Day Shift 0600-1400), (Swing Shift 1400-2200), (Graveyard Shift 2200-0600). Any hours worked between 0600-1400 would not receive any shift differential over the hourly rate of pay. Any hours worked between 1400-2200 would receive $.58 shift differential over the hourly rate of pay. Any hours worked between 2200-0600 would receive $1.16 shift differential over the hourly rate of pay. For example, an officer working 0600 to 1800 (12 Hrs.) would receive no shift differential for hours worked from 0600 to 1400 but would receive swing shift differential of $.58 for hours worked from 1400 to 1800. For an officer working 1800 to 0600 (12 Hrs.) would receive swing shift differential for hours between 1800 – 2200 and would receive graveyard differential for hours between 2200-0600. For an officer working 1200-2400 (12Hrs.) they would receive no shift differential for hours worked from 1200-1400, would receive swing shift differential of $.58 for hours worked from 1400-2200 and graveyard differential of $1.16 for hours worked from 2200-2400.

Shift Differential shall not be applied for paid absence from duty such as sick leave, safety time, vacations, holidays, or any paid time off from accruals. Shift differentials shall only apply to hours actually worked.

34.8 Appeal of Disciplinary Action
A. Within ten (10) work days after receipt of the Final Notice of Disciplinary Action, disciplinary actions may be appealed to advisory arbitration. Notice of the appeal must be filed with the City Personnel Office. If the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.

B. Appeals of disciplinary actions to advisory arbitration shall be pursuant to Article Thirty Five (Grievance Procedure) of this Memorandum of Understanding. a. An appeal of a disciplinary action is a complaint of a permanent employee to determine whether or not there was cause for the disciplinary action, equitable discipline for the offense committed, bias and or investigatory issues arising during the investigation of the complaint. b. The parties to the discipline hearing and to the selection of the arbitrator shall be the employee, who may be represented by The Bargaining Unit, selfrepresented, or independent counsel, and the City, which may be represented by the Personnel Department or counsel.
265
Item 16.
c. The fees and expenses of the arbitrator, a court reporter, and a transcript if required by the arbitrator, shall be shared equally by both parties. Advisory arbitration is the exercise of due process regarding an employee's property interest in his or her profession.

Replaced with:

34.8 Appeal of Disciplinary Action
A. Within ten (10) work days after receipt of the Final Notice of Disciplinary Action, disciplinary actions may be appealed to advisory arbitration. Notice of the appeal must be filed with the City Personnel Office. If the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.

B. Appeals of disciplinary actions to advisory arbitration shall be pursuant to Article Thirty Five (Grievance Procedure) of this Memorandum of Understanding. a. An appeal of a disciplinary action is a complaint of a permanent employee to determine whether or not there was cause for the disciplinary action, equitable discipline for the offense committed, bias and or investigatory issues arising during the investigation of the complaint.
b. The parties to the discipline hearing and to the selection of the arbitrator shall be the employee, who may be represented by The Bargaining Unit, self-represented, or independent counsel, and the City, which may be represented by the Personnel Department or counsel.
c. The fees and expenses of the arbitrator, a court reporter, and a transcript if required by the arbitrator, shall be shared equally by both parties. Advisory arbitration is the exercise of due process regarding an employee's property interest in his or her profession.
d. If any employee successfully appeals a disciplinary action which resulted in the suspension or revocation of an Officer’s State of California Commission on Peace Officer’s Standards and Training (POST) Basic Certification, including City Council Review Pursuant to Section 31.16, that employee will be placed on unpaid administrative leave pending POST reinstatement of Basic Certification. No award of back-pay will be provided to employee while awaiting reinstatement of Basic Certification.

This Side-Letter Agreement modifies the original language but not the intent and the current practices of the Parties. The signatures below indicate agreement with the above-described interpretation of the relevant MOU language and further indicate that each person signing has the authority to act on behalf of his/her principals.
266
Item 16.

Oroville Police Officers Association, CITY OF OROVILLE
Date: ____________________________
Date:
________________________________
By: ____________________________
Robbie Olive,
President OPOA
By: ___________________________
Bill LaGrone,
City Administrator
267
Item 16.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: MUNICIPAL LAW ENFORCEMENT EXPANSION
DATE: DECEMBER 6, 2022

SUMMARY
The Council may consider the expansion of the Municipal Law Enforcement services to bolster patrols City wide to include Parks and Trails

DISCUSSION
The Police Department has been utilizing Municipal Law Enforcement Officers to increase staffing for the Police Department. This concept was presented at the City of Oroville on May 11, 2015. The program has been a success.

Municipal Law Enforcement Services provide coverage up to 16 hours per day, 7 days a week. The MLE Officers are responsible for handling most misdemeanor crime, cold felony crime, vehicle thefts, vehicle recovery, parking enforcement, park and trail patrol, transient issues, information to citizens and assisting with Code Enforcement issues. These Officers allow the Police Department to better utilize the Police Officers for more serious matters such as arrest, violent crime, traffic enforcement, school resource activities and criminal investigations.

The Police Department is currently staffed with 9 Municipal Law Enforcement Officers. During the prior election process the Community expressed a desire for increased patrols to enhance the feeling of safety. Community members discussed the possibility of hiring outside security guards to perform patrol functions. Staff does not support the idea of hiring security guards for patrol services. Staff does support the concept and understands the desire of the Community. Staff is supportive of the conversation and is eager to continue the conversation. The reasons that surround the rejection of this idea is liability. The City would become responsible for the actions of non-City employees. The idea of insurance to protect the City does not relieve the City of its responsibility and 268
Item 17.
would most likely not be adequate to cover any large incidents. The liability is only compounded by the training, background and other screenings that are unknown and maybe less then desirable. The only action available to a security guard is to call the Police, in the event of a criminal incident. This does not help this only compounds the problem. The advantage of MLE’s are they are a known commodity. MLE’s meet City standards, have been tested, extensive backgrounds are conducted, and all appropriate screenings have occurred.

MLE’s are trained to deal with quality-of-life issues in our City and handle most lower level crimes. In the event a Police Officer is needed MLE’s have direct contact and can request assistance immediately, as opposed to utilizing the Dispatch center. To increase the services of the MLE’s to provide more patrols staff is requesting permission to hire 8 additional MLE Officers. An additional piece of equipment will be needed to provide patrol services on trails in the recreational areas. This piece of equipment will be an off-road small vehicle. The desired vehicle is a Polaris Ranger crew XP 1000. The cost of this vehicle is $47,292.37. This piece of equipment will come fully equipped and ready for service. See attached quote for additional detail. If the Council does not desire to purchase this piece of equipment at this time, it can be brought back for next years fiscal budget.

Additional benefits of the MLE program is the potential pool of future Police Officers. Many of the new Officers at the Police Department have come through the MLE program. As Council is aware it has become very difficult to recruit new Police Officers. This is a national, state and local issue. A career in Law Enforcement is not as desirable as it was in the past. Many young people are not entering the profession due to the negative images that have been portrayed and the liability that now exist for Officers. The MLE program allows the Police Department to identify those interested in the work and expose them to what the work really is about. The MLE program is an opportunity for our local community members to enter the field of Law Enforcement in their community. The Municipal Law Enforcement program will eventually be reduced as the level of Police Officers increase. This reduction will come in the form of attrition, hiring of Police Officers and eventually due to necessity lay off.

Position Qty Personnel
Cost (including
benefits)
Vehicle Equipment
Municipal
Law
Enforcement
Officers
8 $556,921.44 $47,292.37 $10,000.00

TOTAL APPROXIMATE COST
$614,213.81
269
Item 17.

FISCAL IMPACT
Funding for this proposal will come from current fiscal year budget

RECOMMENDATION
Authorize the expansion of the Municipal Law Enforcement program to include the hiring of 8 additional Municipal Law Enforcement Officers and the purchasing of equipment as outlined in this staff report.

ATTACHMENTS
Polaris Quote
Funding Source Amount of Revenue
Police Annual Budget $6,169,000.00
Projected Budget savings due to
unfilled positions
$1,542,250.00

TOTAL AVAILABLE FUNDING
$1,542,250.00
270
Item 17.

Name: Gil Zarate
Email: [email protected]
Phone: 5305382450
Fax:

Cage:

Tax ID#:
3FP69
123399383
41-1921490
Duns#:

Customer#:

Oroville Police Department
2055 Lincoln St
Oroville, CA 95966
Ship To:

Bill To: Oroville Police Department
2055 Lincoln St
Oroville, CA 95966
Freight Delivery
Terms
Payment
Terms
Payment
Methods
FOB Destination-CONUS
US Continental (CONUS) Only 240 Days Net 30
Visa
Mastercard
Wire Check
Item # QTY Description Open Mkt MSRP Discount
Price
Extended
R23RSU99AJ 1 RANGER CREW XP 1000
NorthStar Edition Premium -
Azure Crystal Metallic - 49
State
No $30,799.00 $28,876.10 $28,876.10
2883979 1 XP 1000's / Pro XD Deluxe
Emergency Light Kit
No $8,980.00 $7,509.72 $7,509.72
2883982 1 XP 1000's / Pro XD Premium
Emergency Light Bar (requires
2883979 & inc'l 2883981)
No $6,670.00 $5,577.93 $5,577.93
2883966 1 XP 1000's / Pro XD Custom
Graphics for Fire or Law
Enforcement
No $910.00 $761.01 $761.01
5416347 4 Pro Armor HarvesterTire
(28x10-14) - each
No $229.99 $192.33 $769.32
5454106-566 1 TRIM PANEL - LEFT SIDE
- PEARL WH
No $319.99 $267.60 $267.60
Contact Information
Contract Name: Polaris Direct
Contract #:

Expiration Date:

Quote Number: QUO-42812-T1Q6Z6
Revision #: 0
Date: 11/22/2022 1:49 PM
Quote Expires: 12/22/2022
Quote: Page 1 of 3
QUOTE
Polaris Sales Inc., Medina, MN 55340
[email protected]
Phone: 866-468-7783 Fax: 763-847-8288
www.polaris.com/gov
271
Item 17.

Freight Delivery
Terms
Payment
Terms
Payment
Methods
FOB Destination-CONUS
US Continental (CONUS) Only 240 Days Net 30
Visa
Mastercard
Wire Check
Item # QTY Description Open Mkt MSRP Discount
Price
Extended
5454107-566 1 TRIM PANEL - RIGHT

HAND - PEARL W
No $319.99 $267.60 $267.60
5453723-566 1 FENDER - FRONT - LEFT

SIDE - PEARL
No $524.99 $439.03 $439.03
5453725-566 1 FENDER - FRONT - RIGHT

SIDE - PEAR
No $589.99 $493.39 $493.39
5453779-070 1 OUTER TAILGATE PANEL
- GLOSS BLA
No $99.99 $83.62 $83.62
2882870-566 1 K-PANEL DOOR ACCENT
ZS WHT.P
No $59.99 $50.17 $50.17
5453727-566 1 CENTER HOOD - PEARL
WHITE
No $464.99 $388.86 $388.86
2889241 1 Door Mounted Sideview
Mirrors
No $179.99 $150.52 $150.52
Comments:
*Installation Pricing is Open Market
Vehicle model year and color are subject to change dependent upon delivery date.

SUBTOTAL $45,634.87
INSTALL* $157.50
FREIGHT $1,500.00
TAX $0.00
TOTAL $47,292.37
Acceptance and Payment Information
Quote: Page 2 of 3
QUOTE
Polaris Sales Inc., Medina, MN 55340
[email protected]
Phone: 866-468-7783 Fax: 763-847-8288
www.polaris.com/gov
272
Item 17.

If you would like to submit payment via credit card, please call (866) 468-7783 to process payment during our hours of operation from 8:30 AM to 4:30 PM CST Monday through Friday. We accept Visa, Mastercard & American Express.

To accept the above quotation, please provide a purchase order via email ([email protected]) and include the following:
• Bill to Address
• Billing Phone Number
• Ship to Address
• Point of Contact for Delivery
• Point of Contact E-Mail
• Point of Contact Phone
• Quote Number
• Alternate Point of Contact if applicable
Quote: Page 3 of 3
QUOTE
Polaris Sales Inc., Medina, MN 55340
[email protected]
Phone: 866-468-7783 Fax: 763-847-8288
www.polaris.com/gov
273
Item 17.