EXHIBIT E
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
CONTRACT ROUTING SHEETContract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.General Information (Required)Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________Assessor’s Parcel Number(s): ________________________________________________________________Contract Effective Date: _________ Contract Expiration Date (if applicable): _________$ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________Other Party: ______________________________________________________________________________Project Title: _____________________________________________________________________________Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________City Council Approval: if YES, Council File ID#: __________Contract Processing ContactsDepartment: ______________________________Contract Coordinator: _______________________Project Manager: _________________________________Department Review and Routing(Signature) (Date)(Signature) (Date)(Signature) (Date)(Signature) (Date)Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)_______________________________________________________________________________________------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:
CONTRACT NAME: City Motel Program Emergency and Transitional Shelter CONTRACT PROJECT #: G02000991
DEPARTMENT: Department of Community Response
DIVISION: Office of Homeless Services
CITY OF SACRAMENTO
NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Arden Acres, lnc
2421 Clay Street Sacramento CA 95815
917-929-9463/ [email protected]
(“Contractor”), as of the Effective Date, as defined below.
The City and Contractor agree as follows:
1. Effective Date. This Contract shall be effective beginning March 1, 2025.
2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”):
Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C – Insurance
Exhibit D – General Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.
3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”).
Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.
4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B.
Contractor shall submit all invoices to City in the manner specified in Exhibit B.
5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any.
6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.
7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.
8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage. A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.
Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.
10. Considering Criminal Conviction Information in the Employment Application Process.
This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.
[Signatures Page Following Exhibits]
Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1
EXHIBIT A
SCOPE OF SERVICES
1. Representatives.
The CITY Representative for this Agreement is:
Rodolfo Davidson
1000 l Street #120, Sacramento, CA 95814
916-808-3703/[email protected]
The CONTRACTOR Representative for this Agreement is:
Nick Stocker, Manager
2421 Clay Street Sacramento CA 95815
917-929-9463/[email protected]
Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.
2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.
3. Time of Performance. The Services described in this Contract shall be provided from March 1, 2025 through February 28, 2026. The City may extend this Contract for additional terms, not to exceed a total term, including extensions and renewals, of five years.
Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1
EXHIBIT B
PAYMENT
1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 955,000.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.
2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.
3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.
4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.
5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.
A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.
B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:
A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C.All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
(8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable)
D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.
E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.
F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract.
6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.
7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.
9. Public Works Requirements. [To be completed by the City Representative:]
The services provided under this Contract include [check one if applicable]:
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Construction work in an amount exceeding $25,000;
________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project; or
________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.
If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements:
A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section
3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.
B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found on DIR’s website at http://www.dir.ca.gov/Public- Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations.
The Contractor shall disseminate these provisions to all subcontractors.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1
EXHIBIT C
INSURANCE
1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than two million dollars ($2,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.
3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 under this Contract, or this Contract is amended to require any employees of Contractor to use a vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.”
4. Excess Insurance. The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.
5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than two million dollars ($2,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required.
___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”
6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:
A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.
C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.
7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.
8. Verification of Coverage.
A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.
B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
10. Waiver of Subrogation. Contractor hereby grants to the City a waiver of any right to
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 4 subrogation which any insurer of Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor.
A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.
B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness.
Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.
C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.
D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2 any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
2. Licenses; Permits, Etc. Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.
3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.
Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.
6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.
7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 Information”) that are valuable, special and unique assets of the City.
Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the City’s prior written consent.
In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.
8. Contractor Information.
A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract.
In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights.
City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.
C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.
D. The parties understand and agree that any failure by Contractor to respond to the
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4 notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.
10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession.
Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member.
If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.
11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.
12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5
13. Term; Suspension; Termination.
A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.
C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.
15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.
A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.
B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.
C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.
D. City's inspections, approval, acceptance, or payment for all or part of any Goods and Services will in no way affect City's warranty rights.
16. Indemnity.
A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.
B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.
C. Survival. The provisions of this section will survive any expiration or termination of this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7
17. Funding Availability.
A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
18. Equal Employment Opportunity. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees as follows:
A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”
B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment:
In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.
F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
19. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.
20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.
21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.
23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9 obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 10 B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name: Mario Lara
Title: Assistant City Manager
Date:
For: Mario Lara, Assistant City Manager
ATTEST:
______
City Clerk
APPROVED AS TO FORM:
______
City Attorney
Attachments
Exhibit A Scope of Services
Exhibit B Payment
Exhibit C Insurance
Exhibit D General Conditions
CONTRACTOR:
__Arden Acres Inc______________________
NAME OF FIRM
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
_1039217______________________________
City of Sacramento Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
__x___ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
_Nick Stocker, Manager_________________
Print Name and Title
______________________________________
Additional Signature (if required)
______________________________________
Print Name and Title
Exhibit A, Attachment 1
City Motel Shelter Program- Scope of Services
1. Overview
The Contractor has agreed to provide up to a maximum of 30 motel/hotel rooms at the following location and the required supplies and services detailed below:
Arden Acres, Inc- 2421 Clay Street Sacramento, CA 95815
2. Requirements
Contractor shall provide weekly housekeeping services, that includes bedding and towel changes, and a deep clean of the room. Contractor shall coordinate with program staff on scheduling the weekly housekeeping service to ensure program participants have cleared their rooms out to enable the required housekeeping services. The motel/hotel rooms shall be furnished as they would under normal operations including at a minimum: bed(s), closet, dresser, restroom, shower, mini-fridge, microwave, television, heat and air conditioning, etc. Contractor shall maintain each room and address issues such as replacing/repairing damaged furniture, windows/window screens, light fixtures, doors, smoke detectors, air vents, heat and air conditioning units, weather stripping, and ensuring the walls, floors, and carpets are clean or free of stains. Additionally, all bathrooms should have functioning plumbing, doors, light fixtures, and accessories. Contractor shall respond to any maintenance as requested by Program staff, program participants, or the City within 48 hours.
Contractor shall have pest control services provided at the motel (both inside and outside of rooms), at minimum, monthly and provide documentation of pest control services.
Contractor shall have pest control services respond within 48 hours to any bed bug, rodent, or any other pest infestation. Contractor shall respond within 24 hours to any complaints of mold in rooms and clean and remove any mold as necessary.
Contractor shall provide storage space for program participants who have been exited from the program for up to 60 days.
Contractor shall immediately report to Program staff and the City upon the occurrence or observation of any reportable event(s) identified below. o Incidents involving any inappropriate activity that has been alerted to law enforcement.
o Death of any program participant from any cause.
o Any facility-related injury of any program participant which requires medical treatment.
o A fire or explosion in or on the premises.
o A reported grievance from a program participant:
a. Sexual assault and/or verbally or physically threatening behaviors that rise to the level of a "direct threat" to persons or property;
b. Physical violence to staff or other program participants; c. Direct observation of participant engaging in illegal activity onsite; d. Possession of an illegal weapon at the facility.
Contractor will establish, monitor, and comply with neighborhood safety, security, codes of conduct and property management standards. Contractor shall have a facility monitoring mechanism—such as security cameras—monitoring all public locations on the property at all times. Contractor shall provide program staff access to the facility monitoring system upon request.
Contractor agrees in providing these services that it will not discriminate on the basis of a person's race, color, sex, creed, religion, national origin, age, marital status, ancestry, medical condition, genetic information, disability (including HIV and AIDS), sexual orientation or gender identity, citizenship, primary language, or immigration status in conducting its business.
Upon entry to the program, each program participant shall be required to review and sign the City Motel Shelter Program Participant Guidelines (Attachment 2 to Exhibit A) and City Motel Shelter Program Room Cleaning Protocol (Attachment 3 to Exhibit A). The Participant Guidelines and Program Room Cleaning Protocol are meant to be enforced by Program staff. However, they may require collaboration between motel staff and Program staff. The Participant Guidelines and Program Protocol may be amended by the City as necessary.
Contractor is required to review and follow the standards in the Homeless Housing, Assistance and Prevention (HHAP) Grant Standard Agreement (Attachment 4 to Exhibit A).
3. Program Participant Belongings and Pets
Contractor agrees that program participants may bring up to two suitcases, or storage containers, per adult and one suitcase, or storage container, per child for personal belongings. In addition, Contractor agrees to allow the program participants to bring an air fryer, crockpot, and rice cooker as needed for meal preparation. Contractor agrees to allow registered service animals in accordance with applicable state and federal disability laws.
Participants with Emotional Service Animals (ESA) must be provided with reasonable accommodation for the ESA. ESAs must not display aggressive behavior, destroy property, disrupt other program participants, and must be housebroken and under the control of their handlers at all times. ESAs that do not meet the above requirements may be prohibited from entering the City Motel Shelter Program per paragraph (b) of Section 35.136 of Part 35 of Title 28 of the Code of Federal Regulations (28 CFR 35.136(b)).
Contractor has the authority to do weekly room checks to inspect for damages and to monitor room cleanliness and amount of personal property acquired. Any room damage, excessive uncleanliness, or excessive personal belongings shall be reported to Program staff.
4. Payment
The City will pay $80 per night for each motel or hotel room, including taxes and fees.
The City will pay $80 per day for office space made available at each site for use by Program staff. The City will also pay up to $100 per week (7-day stay) for any damage to a room beyond normal wear and tear. Provider must provide supporting documentation of the damage and the cost to repair or replace the damaged item(s).
5. Support Partners
The Sacramento Coordinated Access System will refer families experiencing homelessness to Contractor's motel. Program staff will be onsite at each motel location to provide supportive services to the City Motel Shelter Program participants. Office space must be made available at each motel site for program services.
Revised 02.10.2025
Attachment 2 to Exhibit A
City Motel Shelter Program Participant Guidelines
Welcome to the City Motel Shelter Program! We understand that this may be a difficult period in your life, and we are glad that you are with us. The goal of the City Motel Shelter Program is to help participants identify and remove their barriers to housing, and then move forward to the next appropriate step. For this program to function best for all involved, we must have guidelines established to provide the safety and structure necessary to generate lasting positive outcomes.
The City of Sacramento funded City Motel Shelter Program is a voluntary program intended to provide temporary Non-Congregate Shelter to families experiencing homelessness within the City. Voluntary participation in this program is contingent upon observance of the following guidelines at any hotel/motel location associated with the program.
Failure to observe the following guidelines may result in dismissal from the program location.
All Program participants are required to comply with the following guidelines:
1. Participants may not possess or store weapons on motel property or inside rooms.
2. Participants must respect the property, other program participants, motel staff, and program staff. This includes adhering to directions from motel staff and program staff.
3. Loud music, disruptive behavior, and incessant noise that creates a nuisance for other program participants is prohibited.
4. Participants may not cause any damage to the motel property, the rooms, or anything in the rooms such as furniture, appliances, etc.
5. All motel property must remain in the assigned room, including televisions, minifridges, microwaves, furniture, towels, sheets, etc.
6. Unregistered guests are not allowed in hotel/motel rooms or on motel property.
Only current City Motel Shelter Program participants may use motel rooms and only program staff, motel staff, or support service providers’ registered guests (approved by the program staff) may visit clients at the motel sites.
7. Minors are the responsibility of their parents or legal guardian. At no point may minors be left unattended in any space on the property. Only parents or legal guardians may stay in a room with minors.
8. Additional individuals or pets may not be entered into the program after the initial Revised 02.20.2025
referral unless specifically approved by program staff.
9. Hotel/motel pet policy must be followed. If the hotel/motel allows pets, only one pet is allowed per room. * Pets are the responsibility of the owner. Owners must clean up after their pet, and the pet may not cause any damage.
10. Participants may not enter other participants’ rooms or access private/staff only areas of the facility.
11. Participants may not smoke in the room, use candles, or create any other fire hazards.
12. Participants may not remove, tamper with, or alter smoke detectors or the electrical outlets in the rooms. If the smoke detector or electrical outlets are malfunctioning or if the room needs maintenance, please contact the front desk or program staff.
13. Participants may bring one air fryer, one crockpot, and one rice cooker. Only one appliance may be used at a time. No other cooking appliances are permitted in the rooms (such as hot plates, deep fryers, toaster ovens, etc.)
14. Participants may receive meal/grocery delivery services. Delivery instructions shall be based on location per program staff.
15. Participants will meet with program staff/case management staff regularly (as determined by the service provider) to receive necessary resources and services to obtain transitional/permanent housing.
16. Participants must be making progress and meeting goals towards obtaining transitional or permanent housing.
17. Program participants must vacate their room and remove all belongings weekly to allow motel staff/program staff to clean the room, check the room for damages, and ensure compliance with the Program Participant Guidelines.
18. Program participants are allowed two suitcases (or storage containers) up to 3’x2’x1’per adult and one suitcase (or storage container) 3’x2’x1’per child for personal belongings. All personal belongings must be limited to the allowed number of suitcases or storage containers. If participants’ personal belongings do not fit in the allowable number of suitcases or storage containers, then the participant must reduce their personal belongings to fit in the allowed number of suitcases or storage containers.
19. Participants may not leave their room vacant for more than 72 hours or three nights in a row unless authorized by program staff.
20. Participants must keep their rooms clean and are required to comply with the Room Cleaning Protocol. All trash shall be placed in proper trash receptacles and rooms shall be maintained with good housekeeping.
By participating in this program, I agree to work with the City of Sacramento, program staff (Step Up on Second Street), County of Sacramento, and any other referral agencies to enter my information into the Homeless Management Information System (HMIS) and connect me to support services.
Revised 02.20.2025
By signing below, I agree to follow the above Program Participant Guidelines. I understand that failure to observe these guidelines may result in dismissal from the City Motel Shelter Program.
Name (Print):
Signature: Date:
*Reasonable accommodation: Individuals in need of a reasonable accommodation due to a disability may request an accommodation from the program manager or another staff member.
Attachment 3 to Exhibit A
City Motel Shelter Program
Room Cleaning Protocol
WEEKLY ROOM CLEANINGS AND INSPECTIONS
Motel Staff will clean motel rooms weekly. During weekly cleanings Program staff will inspect each room weekly for damage, cleanliness, and to ensure personal belongings are kept to the allowable amount. Program Staff will provide 24-hour notice before conducting weekly cleanings and inspections. Weekly cleanings and inspections may be done with or without the participant present. Staff will knock on the door and if there is no response, will open the door for cleaning and inspection.
ROOM CHECKS
Support Partner staff, motel staff, and City staff may conduct periodic room checks between 9am-4pm with 2 hours of prior notification. This may be done with or without the participant present. Staff will knock on the door and if there is no response, will open the door for inspection.
Guest Name (print): _________________________________________ Guest Signature: ____________________________________________ Staff Signature:
Staff Organization:
Date:
HHAP GENERAL TERMS AND CONDITIONS
June 30, 2029
Attachment 4 - HHAP 5 Agreement
To Exhibit A
Diana Malimon
12/18/2024
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
This Standard Agreement (“Agreement”) is an agreement regarding Homeless Housing, Assistance, and Prevention Program Round 5 (HHAP-5 or Program) funds.
A. The State of California established HHAP-5 pursuant to the provisions in Chapter 6.5 (commencing with Health and Safety Code (HSC) section 50230) of Part 1 of Division 31 of the HSC. (Amended by Stats. 2023, Ch. 40, Sec. 17 (AB 129) effective July 10, 2023).
B. The Program is administered by the California Department of Housing and Community Development (HCD) in the Business, Consumer Services and Housing Agency (Agency). HHAP-5 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous HCD grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness
.
C. This Standard Agreement/Contract for Funds along with all its exhibits (Agreement) is entered into by HCD and a Continuum of
Care, a city, or a county (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 Notice of Funding Availability (NOFA) dated September 29, 2023, under which the Grantee applied, HCD guidance and directives and the requirements appearing in the statutory authority for the Program cited above.
2. Purpose
HHAP-5 is established for the purpose of organizing and deploying the full array of homelessness programs and resources comprehensively and effectively, and to sustain existing federal, state, and local investments towards long-term sustainability of permanent housing and supportive services. The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
individuals and families to maintain their permanent housing; and (2) continue to build on regional coordination developed through previous rounds of HHAP funding (See HSC section 50230 et seq.).
HHAP funding shall:
A. Be available to applicants for the purpose of reimbursement for planning and preparing the Regionally Coordinated Homelessness Action Plans required for the HHAP-5 application.
B. Continue to build regional collaboration between Continuums of Care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness by fostering robust regional collaboration and strategic partnerships aimed at fortifying the homeless services and housing delivery system. This should be achieved through the formulation of data- driven and cross-system plans designed to allocate resources in alignment with the state's priorities for homeless housing solutions. This means implementing strategies that create and sustain regional partnerships and prioritize permanent housing solutions.
C. Ensure the long-term sustainability of housing and supportive services, by strategically pairing these funds with other local, state, and federal resources to effectively reduce and ultimately end homelessness.
Grantees are encouraged to follow the guidance provided in “Putting the Funding Pieces Together: Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness”.
D. Demonstrate sufficient resources dedicated to long-term permanent housing solutions, including capital and operating costs.
E. Demonstrate a commitment to address racial disproportionality in homeless populations and achieve equitable provision of services and outcomes for Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness.
F. Establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
levels of planning and implementation, including through opportunities to hire people with lived experience.
G. Fund projects that provide housing and services that are Housing First compliant, per HSC section 50234(f), and delivered in a low barrier, trauma informed, and culturally responsive manner. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving interim or permanent housing, or other services for which these funds are used.
H. Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments.
3. Definitions
The following HHAP-5 program terms are defined in accordance with HSC section 50230, subdivisions (A) – (X):
A. “Agency” means the Business, Consumer Services, and Housing Agency.
B. “Applicant” means a Continuum of Care, city, county, or a region for purposes of the Regionally Coordinated Homelessness Action Plan requirements pursuant to this chapter.
C. “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.
D. “Continuum of Care” means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
E. “Coordinated Entry System” means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
F. “Regionally Coordinated Homelessness Action Plan” means the regionally coordinated homelessness action plan described in Section 50233.
G. “Council” means the associated staff within the Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
H. “Department” means the Department of Housing and Community Development.
I. “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801.
J. “Grantee” means an eligible applicant that has received its initial Round 5 base allocation or total Round 5 base allocation, as applicable.
K. “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
L. “Homeless Management Information System” means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
M. “Homeless point-in-time count” means the most recently available point-in- time count data as reflected in the Annual Homeless Assessment Report released by the United States Department of Housing and Urban Development.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
N. “Homeless youth” means an unaccompanied youth between 12 and 24 years of age who is experiencing homelessness, as defined in Section 725(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.
O. “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.
P. “Jurisdiction” means a city, county, Continuum of Care, or tribe, as defined in this section.
Q. “Memorandum of Understanding” has the same meaning as defined in subdivision (f) of Section 50233.
R. “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
S. “Program” means Round 5 of the Homeless Housing, Assistance, and Prevention program, or Round 5, established pursuant to this chapter.
T. 1) “Base program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges pursuant to the allowable uses specified in Section 50236.
2) “Homekey supplemental allocation” means the portion of program funds available to eligible jurisdictions as supplementary Homekey resources, as defined in Section 50237.
U. “Recipient” means a jurisdiction that receives funds from HCD for the purposes of the program.
V. 1) Except as set forth in paragraph 2) below, “region” means the geographic area served by a county, including all cities and Continuum of Care within it. A region that has a Continuum of Care that serves multiple counties may submit a plan that covers multiple City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
counties and the cities within them, or the Continuum of Care may participate in the Regionally Coordinated Homelessness Action Plan of each individual county that is part of the Continuum of Care along with the cities within the county.
2) All Continuums of Care within the County of Los Angeles shall be considered part of a single region, along with the county and big cities within the county.
W. “Small jurisdiction” means a city that is under 300,000 in population as of January 1, 2022, according to data published on the internet website of the Department of Finance.
X. “Tribe” or “tribal applicant” means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code that is located in California.
Additional definitions for the purposes of the HHAP-5 program:
Allocations:
“Initial HHAP-5 Base Allocation”: fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP-5 allocation.
“HHAP-5 Planning Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s HHAP Round 5 planning allocation.
“Initial Supplemental Funding Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s share of the one hundred ($100) million Supplemental Allocation.
“Remainder Disbursement”: the remaining fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP- 5 base allocation.
“Obligate”: means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-5 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
“Expended”: means all HHAP-5 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.
4. Scope of Work
A. The Scope of Work (“Work”) for this Agreement shall include uses that are consistent with HSC section 50234, subdivision (a) (1), and section 50236, and any other applicable laws.
B. HHAP-5 Planning Allocation funds are for the purpose of planning for and preparing the Regionally Coordinated Homelessness Action Plan required as part of the HHAP-5 regional application. Any Planning Allocation funds that are not spent on the preparation of the HHAP-5 application must be expended consistent with the purpose and requirements of the HHAP-5 program, as described below.
C. Provided that before proposing to use HHAP-5 resources to fund new interim housing solutions, the applicant first demonstrates that the region has dedicated sufficient resources from other sources to long-term permanent housing solutions, including capital and operating costs, allowable uses of HHAP-5 base program allocation funds include all of the following:
1) Permanent housing solutions, including all of the following:
a) Rental subsidies, including to support placement of individuals in Community Assistance, Recovery and
Empowerment (CARE) Court.
b) Landlord incentives, such as security deposits, holding fees, funding for needed repairs, and recruitment and relationship management costs.
c) Move-in expenses.
d) Operating subsidies in new and existing affordable or supportive housing units serving people experiencing
homelessness, including programs such as Homekey, new
or existing residential care facilities, funded by the
Behavioral Health Continuum Infrastructure Program or the City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
Community Care Expansion Program. Operating subsidies
may include operating reserves.
e) Homelessness prevention through rental assistance, rapid rehousing, and other programs, so long as they prioritize households at imminent risk of homelessness or households with incomes at or below thirty percent (30%) of the area median income, who pay more than fifty percent (50%) of their income in housing costs, and who meet criteria for being at highest risk of homelessness through data-informed criteria.
f) Problem-solving and diversion support programs that prevent people at risk of or recently experiencing
homelessness from entering unsheltered or sheltered
homelessness.
g) Services for people in permanent housing, so long as the services are trauma-informed and practice harm reduction, to include intensive case management services, assertive community treatment services, critical time intervention services, other tenancy support services, evidence-based employment services, coordinating mental health, substance use, and primary care treatment, or other evidence-based supportive services to increase housing retention.
h) Capital for permanent housing that serves people
experiencing homelessness, including conversion of
underutilized buildings or existing interim or transitional housing into permanent housing.
2) Interim housing solutions, including all of the following:
a) Navigation centers that are low barrier, as defined in Sections 65660 and 65662 of the Government Code, to
include any of the following:
b) Operating expenses in existing congregate shelter sites.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
c) Operating expenses in new or existing non-congregate shelter sites and transitional housing for youth.
d) Motel or hotel vouchers.
e) Services provided to people in interim housing, to include trauma-informed and evidence-based intensive case
management services, housing navigation, connecting
people to substance use or mental health treatment, public benefits advocacy, and other supportive services to promote stability and referral into permanent housing.
f) Capital funding to build new non-congregate shelter sites, including for construction, rehabilitation, and capital improvements to convert existing congregate sites into non- congregate sites.
g) Capital funding for clinically enhanced congregate or non- congregate shelter sites.
h) Youth-focused services in transitional housing.
3) Service provisions and systems support including all of the following:
a) Services for people experiencing unsheltered homelessness, including street outreach, including, but not limited to, persons experiencing homelessness from encampment sites and those transitioning out of encampment sites funded by the program known as the Encampment Resolution Funding
Grant consistent with HSC Section 50251 to access
permanent housing and services. This includes evidence- based engagement services, intensive case management
services, assertive community treatment, housing
navigation, harm reduction services, coordination with street- based health care services, and hygiene services for people living in encampments and unsheltered individuals.
b) Services coordination, which may include access to
workforce, education, and training programs, or other
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
services needed to promote housing stability in supportive housing.
c) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations, including families and homeless youth.
d) Improvements to existing emergency shelters to lower barriers and increase privacy.
e) Any new interim sheltering funded by Round 5 funds must be low-barrier, comply with Housing First practices as
provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
4) In addition to the eligible uses described above, the Grantee’s expenditure of its entire HHAP-5 Base Allocation must also comply with the following:
a) At least ten percent (10%) of the funds shall be spent on services for homeless youth populations.
b) Not more than seven percent (7%) of funds may be used for administrative costs incurred by the city, county, or
Continuum of Care to administer its program allocation. For purposes of this Agreement, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.
Grantee shall perform the work only in the areas as identified, and in accordance with any guidance from HCD.
5) Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grants Program Design Section Chief or their designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be sent to the HCD Contract Coordinator electronically.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: California Department of Housing
& Community Development City of Sacramento
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon St SW, Suite 400
Sacramento, CA, 95811
915 I Street,
Sacramento, CA 95814
CONTRACT
COORDINATOR
Jeannie McKendry Ya-yin Isle
PHONE
NUMBER: (916) 490-9589 (916) 808-1869
EMAIL
ADDRESS:
[email protected]
[email protected] [email protected]
All requests to update the Grantee information listed within this Agreement shall be emailed to the HPD Homelessness Grants general email box at [email protected]. HCD reserves the right to change their representative and/or contact information at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by HCD (indicated by the signature provided by HCD in the lower left section of page one, Standard Agreement, STD. 213), and when signed by all parties. Funds will be disbursed in accordance with Section 4 of Exhibit B.
B. This Agreement shall terminate on June 30, 2029.
C. On or before January 1, 2026, a Grantee shall submit to the Department an updated Regionally Coordinated Homelessness Action Plan, which shall include updates on the metrics and key actions to improve these metrics, which shall be reviewed and approved by HCD pursuant to HSC 50235 subdivision (h). A Grantee shall contractually obligate no less than seventy-five percent (75%) and shall expend no less than fifty percent City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
(50%) of their initial fifty percent (50%) HHAP-5 base allocation disbursement by June 30, 2026. This excludes both the HHAP-5 planning and Initial Supplemental Allocations. Upon demonstration by a recipient Grantee that it has complied with both of these requirements, the Department shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 base allocation pursuant to HSC Section 50235.
1) Grantee will demonstrate compliance with these obligation and expenditure requirements through monthly fiscal reports and by completing a certification documentation in the form and manner provided by HCD.
D. If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 base allocation, and HCD shall not allocate to the recipient the remaining fifty percent (50%) of its HHAP-5 base allocation, unless both of the following occur:
1) On or before June 30, 2026, the Grantee submits an alternative disbursement plan to HCD that includes an explanation for the delay.
2) HCD approves the alternative disbursement plan.
If a Grantee does not satisfy these requirements, HCD shall have the discretion to allocate the unused funding in a manner prescribed by HCD.
If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2027, the funds shall be returned to HCD to be allocated as supplemental awards in accordance with Health and Safety Code Section 50237.
E. All HHAP-5 funds, including base allocations, planning allocations, and supplemental funding, shall be expended by June 30, 2028.
F. Any funds, including planning allocations and supplemental funding, not expended by June 30, 2028, shall revert to, and be paid and deposited in, the General Fund pursuant to Health and Safety Code section 50235 subdivision (m).
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
G. HCD may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements.
7) Capacity and Authority to Contract
A. By signing this Agreement, the Grantee is certifying that it has the capacity and authority to fulfill the obligations enumerated in this agreement. The Grantee further represents that it is authorized to execute this Agreement.
B. Each person executing this Agreement on behalf of an entity, other than an individual executing this Agreement on their own behalf, represents that they are authorized to execute this Agreement on behalf of said entity.
City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
BUDGET DETAIL AND DISBURSEMENT PROVISIONS
1. Payee
Name: City of Sacramento Amount: $ 27,053,240.85
2. Budget Detail & Changes
A. The Grantee agrees that HHAP-5 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.
B. The Grantee shall expend the HHAP-5 funds on eligible activities as detailed in HSC 50234, subdivision (a)(1)(A) and 50236 and as described in the grantees latest approved HHAP-5 funding plan.
C. Any changes to the Grantee’s budget must be approved in writing by HCD prior to incurring expenses.
3. General Conditions Prior to Disbursement
A. All Grantees must submit the following forms prior to this HHAP-5 allocation being released:
1) Request for Funds Form (“RFF”).
2) STD 213 Standard Agreement form and Exhibits A through E.
3) STD 204 Payee Data Record or Government Agency Taxpayer ID Form.
4. Disbursement of Funds
A. Initial Disbursement
City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
1) The Initial Disbursement of the HHAP-5 allocation includes the initial HHAP-5 base allocation, HHAP-5 planning allocation, and initial supplemental allocation. These funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.
2) The Initial disbursement of HHAP-5 funds will be disbursed in one allocation, and issued to the Grantee, identified on the Payee Data Record Form or Government Agency Taxpayer ID Form.
B. Remainder Disbursement
1) HCD will disburse the remaining fifty percent (50%) of HHAP-5 base allocation upon demonstration by a Grantee that it has complied with the requirement to contractually obligate and expend a minimum amount of its initial Round 5 base allocation, as described below, and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan that includes updates on measures and illustrates the advancement of key actions outlined in the original Regionally Coordinated Action Plan to improve those measures, as outlined in Section 50235(h).
a) A Grantee shall contractually obligate no less than seventy- five percent (75%) and shall expend no less than fifty
percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026. This excludes both the HHAP-5 planning allocation and the supplemental allocation. Upon demonstration by a grantee that it has complied with this requirement and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan, HCD
shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 program allocation pursuant to Section 50234.
b) If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 program allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 program allocation, and HCD shall not allocate to the recipient the City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
remaining fifty percent (50%) of its HHAP-5 program
allocation, unless both of the following occur:
i. On or before June 30, 2026, the Grantee submits an
alternative disbursement plan to HCD that includes an
explanation for the delay.
ii. HCD approves the alternative disbursement plan. If
HCD cannot approve an alternative disbursement
plan, HCD will provide the Grantee with guidance on
the revisions needed in order to approve the
alternative disbursement plan.
c) HCD may withhold the remaining fifty percent (50%) of HHAP-5 program allocation funds from a jurisdiction that repeatedly failed to take action as specified in its Regionally Coordinated Homelessness Action Plan, or that took actions adverse to achieving the plan objectives provided pursuant to Section 50233, until such time the jurisdiction
demonstrates to HCD they are in substantial compliance
with the requirements of HSC 50235 subdivision (h).
5. Expenditure of Funds
All HHAP-5 funds must be spent consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236 and in alignment with the Grantee’s latest, approved funding plan.
6. Ineligible Costs
A. HHAP-5 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236.
B. HCD 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 HHAP-5 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD.
City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
C. An expenditure which is not authorized by this Agreement, or by written approval of the Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed and must be immediately repaid to HCD by the Grantee. A Grantee shall be prohibited from applying for future HHAP funds until they have repaid these funds to HCD.
HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-5 fund expenditures.
D. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the Grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program.
Examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant.
E. Program funds shall not be used to supplant existing Encampment Resolution Funding Grant funds provided under HSC section 50251.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
HHAP GENERAL TERMS AND CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD 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 HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within thirty (30) days of HCD’s notice of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD 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 Section 12 (Special Conditions – Grantees/Sub Grantee) or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.
3. Grantee’s Application for Funds
Grantee has submitted to HCD an application for HHAP-5 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. HCD is entering into this Agreement on the basis of Grantee’s facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
requested through the formal HHAP Budget Modification Request Process and are subject to approval by HCD.
Grantee warrants that all information, facts, assertions, and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of 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 HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4. Reporting/Audits
A. Reporting Requirements
1) Annual Report: Grantees will be responsible for submitting an annual report no later than April 1 each year following the receipt of funds until all funds are fully expended. The annual report will contain detailed information on program activities in accordance with HSC sections 50221, 50222, and 50223, and be submitted in the form and method provided by HCD. The annual report must provide information on activities through the prior calendar, including, but not limited to, an ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses, as well as any additional information HCD deems appropriate or necessary.
2) Monthly Fiscal Report: Grantees will be responsible for submitting a monthly fiscal report in accordance with HSC section 50223, in the form and method provided by HCD. The monthly fiscal report must provide information, including but not limited to, the obligation and expenditure status of the program funds by eligible uses category.
3) Final Report: Grantees will be responsible for submitting a final report in accordance with HSC section 50223 no later than April 1, 2029, and must be submitted in the form and method provided by HCD. The final report must provide information, including but not limited to, detailed uses of all program funds.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
4) HMIS/HDIS Reporting: Grantees and their subcontractors must report client data into their local Homeless Management Information Systems (HMIS) pursuant to the requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021), and that data must be shared quarterly with the statewide Homeless Data Integration System (HDIS). As part of reporting responsibilities in accordance with HSC sections 50221, 50222, and 50223, Grantees must ensure proper recording of activities associated with these program funds. This is intended to efficiently capture many of the non-fiscal reporting responsibilities required under HSC sections 50221, 50222, and 50223. HCD will make efforts to utilize statewide Homeless Data Integration System to fulfill grantee reporting requirements under HSC sections 50221, 50222, and 50223, however improper reporting into that system may require HCD to seek additional information directly from Grantees.
Grantees may also be required to accept training and technical assistance in this area if their HMIS/HDIS is not properly tracked and shared.
5) HCD may require additional supplemental reporting with written notice to the Grantee.
6) Grantee may, at their discretion, fully expend their HHAP-5 allocation prior to the end date of the grant term and will not be required to submit monthly fiscal reports after the month in which their allocation was fully expended.
B. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-5 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
2) The Grantee shall notify HCD of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor's working papers.
3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within ninety (90) days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
HCD 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 HCD, or its designee, with any relevant information requested. The Grantee agrees to give HCD 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 Homeless Housing, Assistance, and Prevention Program laws, the HHAP-5 program guidance document published on the website, and this Agreement.
In accordance with HSC section 50220.8, subdivision (m), if upon inspection of records HCD identifies noncompliance with grant requirements, HCD retains the right to impose a corrective action plan on the Grantee.
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.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
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.
C. Public Records Act
The Grantees’ final HHAP-5 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, HHAP-5 funds provided under this Agreement for any ineligible activities.
3) 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 HCD in law or equity for breach of this Agreement, HCD may:
1) Bar the Grantee from applying for future HHAP funds.
2) Revoke any other existing HHAP award(s) to the Grantee.
3) Require the return of any unexpended HHAP-5 funds disbursed under this Agreement.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
4) Require repayment of HHAP-5 funds disbursed and expended under this Agreement.
5) Require the immediate return to HCD of all funds derived from the use of HHAP-5 funds.
6) 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 HHAP-5 requirements.
C. All remedies available to HCD are cumulative and not exclusive.
D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than fifteen (15) 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 HCD to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.
8. Nondiscrimination
During the performance of this Agreement, the 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, and denial of medical and family care leave or pregnancy disability leave. 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, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
Government Code (Gov. Code, §§ 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. For instance, HSC section 50220.5, subdivision (i) states, “For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.”
Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 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 (2) year period from the date he or she left State employment, no former State officer or employee may enter into a contract 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 twelve (12) month 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 (12) month period prior to his or her leaving State service.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
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, § 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:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace.
3) Any available counseling, rehabilitation, and employee assistance program; and
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and
2) 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 Exhibits C and D. These conditions shall be met to the satisfaction of HCD 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 HHAP-5 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:
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.
3) 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.
4) Agree to include all the terms of this Agreement in each subcontract.
B. The Grantee shall monitor the activities of all subgrantees to ensure compliance with all requirements under the HHAP program.
As requested by HCD, the Grantee shall provide to HCD all monitoring documentation necessary to ensure that Grantee and its subgrantees are in continued compliance with HHAP requirements. Such documentation requirements shall be provided by HCD when the information is requested.
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, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the HHAP-5 program, the Grantee, its subrecipients, and all eligible activities.
The 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. The 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, City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
environmental protection, procurement, and safety laws, rules, regulations, and ordinances. The Grantee shall provide copies of permits and approvals to HCD upon request.
14. Inspections
A. The 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. HCD 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. The 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.
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 HCD, shall not affect any other provisions of this Agreement and the Initial terms 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 HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, 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 HCD.
City of Sacramento
24-HHAP-10019
EXHIBIT E
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-5 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-5 funds, must be used for HHAP-5-eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest- bearing accounts.
2. Per HSC section 50234 subdivision (f), any housing-related activities funded with HHAP-5 funds, including but not limited to emergency shelter (per HSC section 50236 subdivision (c)(3)(E), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-5 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing.
3. The Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-5-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 HHAP-5 funding (e.g., by creating appropriate HHAP-5-specific funding sources and project codes in HMIS).
4. The Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the HMIS in accordance with their existing Data Use Agreements, and as required by HSC sections 50234(b) and 50220.6 and Welfare and Institutions Code section 8256. Any health information provided to, or maintained within, the Homeless Management Information System, or the State Homeless Data Integration System (HDIS), which compiles all HMIS data into a statewide data warehouse, shall not be subject to public inspection or disclosure under the California Public City of Sacramento
24-HHAP-10019
EXHIBIT E
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
Records Act. 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. HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, HCD, 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.
5. The Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD and report to HCD on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.
6. The Grantee agrees to demonstrate a commitment to racial equity and, per HSC section 50222 subdivision (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCD, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19.
7. The Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
8. HCD reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved.
9. The Department represents that the intent of Exhibit D Section 1(B) is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in Homeless Housing, Assistance and Prevention Program, Round 5 Notice of Funding Availability dated September 29, 2023 for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D Section 1(B) once construction has commenced in compliance with Program requirements and in City of Sacramento
24-HHAP-10019
EXHIBIT E
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
CONTRACT ROUTING SHEETContract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.General Information (Required)Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________Assessor’s Parcel Number(s): ________________________________________________________________Contract Effective Date: _________ Contract Expiration Date (if applicable): _________$ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________Other Party: ______________________________________________________________________________Project Title: _____________________________________________________________________________Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________City Council Approval: if YES, Council File ID#: __________Contract Processing ContactsDepartment: ______________________________Contract Coordinator: _______________________Project Manager: _________________________________Department Review and Routing(Signature) (Date)(Signature) (Date)(Signature) (Date)(Signature) (Date)Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)_______________________________________________________________________________________------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:
CONTRACT NAME: City Motel Program Emergency and Transitional Shelter CONTRACT PROJECT #: G02000991
DEPARTMENT: Department of Community Response
DIVISION: Office of Homeless Services
CITY OF SACRAMENTO
NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Paul & Sons Northgate
3796 Northgate Boulevard Sacramento, CA 95834
916-833-6530/ [email protected]
(“Contractor”), as of the Effective Date, as defined below.
The City and Contractor agree as follows:
1. Effective Date. This Contract shall be effective beginning March 1, 2025.
2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”):
Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C – Insurance
Exhibit D – General Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.
3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”).
Contractor will not be compensated for non- professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Serv ices” includes both Services and Additional Services as applicable.
4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B.
Contractor shall submit all invoices to City in the manner specified in Exhibit B.
5. Facilities and Equipment. Except as set forth below, C ontractor shall, at its sole cost and expense, furnish all facilities and equipment required for C ontractor to perform this Contract. City shall furnish to C ontractor only the facilities and equipment listed below, if any.
6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.
7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.
8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage. A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.
Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.
10. Considering Criminal Conviction Information in the Employment Application Process.
This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban -The-Box Requirements,” c an be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all Form Approved by City Attorney 9-1-2020 Page 4
applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.
[Signatures Page Following Exhibits]
Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1
EXHIBIT A
SCOPE OF SERVICES
1. Representatives.
The CITY Representative for this Agreement is:
Rodolfo Davidson
1000 l Street #120, Sacramento, CA 95814
916-808-3703/[email protected]
The CONTRACTOR Representative for this Agreement is:
Vinod Paul, President
3796 Northgate Boulevard Sacramento, CA 95834
916-833-6530/ [email protected]
Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.
2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.
3. Time of Performance. The Services described in this Contract shall be provided from March 1, 2025, through February 28, 2026. The City may extend this Contract for additional terms, not to exceed a total term, including extensions and renewals, of five years.
Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1
EXHIBIT B
PAYMENT
1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 1,493,000.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.
2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhi bit A or Exhibit B controls.
3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.
4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.
5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.
A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.
B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:
A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
(8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable)
D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.
E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.
F.
Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addresse d to the City Representative for this Contract.
6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.
7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of t he City upon reasonable written notice.
8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.
9. Public Works Requirements. [To be completed by the City Representative:]
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 The services provided under this Contract include [check one if applicable]:
________ Construction work in an amount exceeding $25,000;
________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre -construction, construction, or post-construction phases of the project; or
________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.
If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements:
A. Payment of Prevailing Wages : Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section
3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirem ents in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.
B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found on DIR’s website at http://www.dir.ca.gov/Public - Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor ’s and subcontractors’
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 obligation to comply in all respects with all other applicable laws and regulations.
The Contractor shall disseminate these provisions to all subcontractors.
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured agai nst liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1
EXHIBIT C
INSURANCE
1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than two million dollars ($2,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.
3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 under this Contract, or this Contract is amended to require any employees of Contractor to use a vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000 ) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.”
4. Excess Insurance. The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.
5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than two million dollars ($2,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required.
___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”
6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:
A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.
C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.
7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.
8. Verification of Coverage.
A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.
B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
9. Subcontractor Insurance Coverage . Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
10. Waiver of Subrogation. Contractor hereby grants to the City a waiver of any right to
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 4 subrogation which any insurer of Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor.
A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer -employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.
B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor ’s sole discretion based on the Contractor ’s determination that the use will promote Contractor’s efficiency and effectiveness.
Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.
C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor . Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor . It is further understood and agreed that Contractor will issue W -2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.
D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2 any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
2. Licenses; Permits, Etc. Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.
3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.
Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.
6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.
7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer li sts, product design, copyright, data, and other vital information (hereafter collectively referred to as “City
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 Information”) that are valuable, special and unique assets of the City.
Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the City’s prior written consent.
In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.
8. Contractor Information.
A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract.
In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photost atting, photographing, computer models, and any other computerized data and every other means of recording an y form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provide d by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights.
City shall make reasonable efforts to notify Contractor not later than ten days after City is s erved with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.
C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor ’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.
D. The parties understand and agree that any failure by Contractor to respond to the
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4 notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor , and the information will be disclosed by City in accordance with the Public Records Act.
9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.
10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor ’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession.
Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the City in writing of any changes in Contractor ’s staff assigned to perform under this Contract, before any performance by the new staff member.
If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance wit h the standards required herein, City shall provide notice to Contractor. Contractor shall immediat ely remove the assigned person upon receipt of the notice.
11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.
12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5
13. Term; Suspension; Termination.
A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor . Upon receipt of such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.
C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor . Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor . The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.
15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.
A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.
B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.
C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.
D. City's inspections, approval, acceptance, or payment for all or part of any Goods and Services will in no way affect City's warranty rights.
16. Indemnity.
A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.
B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.
C. Survival. The provisions of this section will survive any expiration or termination of this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7
17. Funding Availability.
A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
18. Equal Employment Opportunity. During the performance of this Contract, Contractor , for itself, its assignees and successors in interest, agrees as follows:
A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti -discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”
B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment:
In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.
F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcont ractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
19. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.
20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.
21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.
23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigatio n in such courts, and consent to service of process issued by such courts.
24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9 obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three -year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three -year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 10 B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by a ny federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneou s, the City may terminate this Agreement for default.
CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name: Mario Lara
Title: Assistant City Manager
Date:
For: Mario Lara, Assistant City Manager
ATTEST:
______
City Clerk
APPROVED AS TO FORM:
______
City Attorney
Attachments
Exhibit A Scope of Services
Exhibit B Payment
Exhibit C Insurance
Exhibit D General Conditions
CONTRACTOR:
__Paul & Sons Northgate________________
NAME OF FIRM
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
_1049388______________________________
City of Sacramento Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
__x__ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
_Vinod Paul, President_________________
Print Name and Title
______________________________________
Additional Signature (if required)
______________________________________
Print Name and Title
Exhibit A, Attachment 1
City Motel Shelter Program- Scope of Services
1. Overview
The Contractor has agreed to provide up to a maximum of 60 motel/hotel rooms at the following location and the required supplies and services detailed below:
Paul & Sons Northgate 3796 Northgate Boulevard Sacramento, CA 95834
2. Requirements
Contractor shall provide weekly housekeeping services, that includes bedding and towel changes, and a deep clean of the room. Contractor shall coordinate with program staff on scheduling the weekly housekeeping service to ensure program participants have cleared their rooms out to enable the required housekeeping services. The motel/hotel rooms shall be furnished as they would under normal operations including at a minimum: bed(s), closet, dresser, restroom, shower, mini-fridge, microwave, television, heat and air conditioning, etc. Contractor shall maintain each room and address issues such as replacing/repairing damaged furniture, windows/window screens, light fixtures, doors, smoke detectors, air vents, heat and air conditioning units, weather stripping, and ensuring the walls, floors, and carpets are clean or free of stains. Additionally, all bathrooms should have functioning plumbing, doors, light fixtures, and accessories. Contractor shall respond to any maintenance as requested by Program staff, program participants, or the City within 48 hours.
Contractor shall have pest control services provided at the motel (both inside and outside of rooms), at minimum, monthly and provide documentation of pest control services.
Contractor shall have pest control services respond within 48 hours to any bed bug, rodent, or any other pest infestation. Contractor shall respond within 24 hours to any complaints of mold in rooms and clean and remove any mold as necessary.
Contractor shall provide storage space for program participants who have been exited from the program for up to 60 days.
Contractor shall immediately report to Program staff and the City upon the occurrence or observation of any reportable event(s) identified below. o Incidents involving any inappropriate activity that has been alerted to law enforcement.
o Death of any program participant from any cause.
o Any facility-related injury of any program participant which requires medical treatment.
o A fire or explosion in or on the premises.
o A reported grievance from a program participant:
a. Sexual assault and/or verbally or physically threatening behaviors that rise to the level of a "direct threat" to persons or property;
b. Physical violence to staff or other program participants; c. Direct observation of participant engaging in illegal activity onsite; d. Possession of an illegal weapon at the facility.
Contractor will establish, monitor, and comply with neighborhood safety, security, codes of conduct and property management standards. Contractor shall have a facility monitoring mechanism—such as security cameras—monitoring all public locations on the property at all times. Contractor shall provide program staff access to the facility monitoring system upon request.
Contractor agrees in providing these services that it will not discriminate on the basis of a person's race, color, sex, creed, religion, national origin, age, marital status, ancestry, medical condition, genetic information, disability (including HIV and AIDS), sexual orientation or gender identity, citizenship, primary language, or immigration status in conducting its business.
Upon entry to the program, each program participant shall be required to review and sign the City Motel Shelter Program Participant Guidelines (Attachment 2 to Exhibit A) and City Motel Shelter Program Room Cleaning Protocol (Attachment 3 to Exhibit A). The Participant Guidelines and Program Room Cleaning Protocol are meant to be enforced by Program staff. However, they may require collaboration between motel staff and Program staff. The Participant Guidelines and Program Protocol may be amended by the City as necessary.
Contractor is required to review and follow the standards in the Homeless Housing, Assistance and Prevention (HHAP) Grant Standard Agreement (Attachment 4 to Exhibit A).
3. Program Participant Belongings and Pets
Contractor agrees that program participants may bring up to two suitcases, or storage containers, per adult and one suitcase, or storage container, per child for personal belongings. In addition, Contractor agrees to allow the program participants to bring an air fryer, crockpot, and rice cooker as needed for meal preparation. Contractor agrees to allow registered service animals in accordance with applicable state and federal disability laws.
Participants with Emotional Service Animals (ESA) must be provided with reasonable accommodation for the ESA. ESAs must not display aggressive behavior, destroy property, disrupt other program participants, and must be housebroken and under the control of their handlers at all times. ESAs that do not meet the above requirements may be prohibited from entering the City Motel Shelter Program per paragraph (b) of Section 35.136 of Part 35 of Title 28 of the Code of Federal Regulations (28 CFR 35.136(b)).
Contractor has the authority to do weekly room checks to inspect for damages and to monitor room cleanliness and amount of personal property acquired. Any room damage, excessive uncleanliness, or excessive personal belongings shall be reported to Program staff.
4. Payment
The City will pay $70 per night for each motel or hotel room, including taxes and fees.
The City will pay $70 per day for office space made available at each site for use by Program staff. The City will also pay up to $100 per week (7-day stay) for any damage to a room beyond normal wear and tear. Provider must provide supporting documentation of the damage and the cost to repair or replace the damaged item(s).
5. Support Partners
The Sacramento Coordinated Access System will refer families experiencing homelessness to Contractor's motel. Program staff will be onsite at each motel location to provide supportive services to the City Motel Shelter Program participants. Office space must be made available at each motel site for program services.
Revised 02.10.2025
Attachment 2 to Exhibit A
City Motel Shelter Program Participant Guidelines
Welcome to the City Motel Shelter Program! We understand that this may be a difficult period in your life, and we are glad that you are with us. The goal of the City Motel Shelter Program is to help participants identify and remove their barriers to housing, and then move forward to the next appropriate step. For this program to function best for all involved, we must have guidelines established to provide the safety and structure necessary to generate lasting positive outcomes.
The City of Sacramento funded City Motel Shelter Program is a voluntary program intended to provide temporary Non-Congregate Shelter to families experiencing homelessness within the City. Voluntary participation in this program is contingent upon observance of the following guidelines at any hotel/motel location associated with the program.
Failure to observe the following guidelines may result in dismissal from the program location.
All Program participants are required to comply with the following guidelines:
1. Participants may not possess or store weapons on motel property or inside rooms.
2. Participants must respect the property, other program participants, motel staff, and program staff. This includes adhering to directions from motel staff and program staff.
3. Loud music, disruptive behavior, and incessant noise that creates a nuisance for other program participants is prohibited.
4. Participants may not cause any damage to the motel property, the rooms, or anything in the rooms such as furniture, appliances, etc.
5. All motel property must remain in the assigned room, including televisions, minifridges, microwaves, furniture, towels, sheets, etc.
6. Unregistered guests are not allowed in hotel/motel rooms or on motel property.
Only current City Motel Shelter Program participants may use motel rooms and only program staff, motel staff, or support service providers’ registered guests (approved by the program staff) may visit clients at the motel sites.
7. Minors are the responsibility of their parents or legal guardian. At no point may minors be left unattended in any space on the property. Only parents or legal guardians may stay in a room with minors.
8. Additional individuals or pets may not be entered into the program after the initial Revised 02.20.2025
referral unless specifically approved by program staff.
9. Hotel/motel pet policy must be followed. If the hotel/motel allows pets, only one pet is allowed per room. * Pets are the responsibility of the owner. Owners must clean up after their pet, and the pet may not cause any damage.
10. Participants may not enter other participants’ rooms or access private/staff only areas of the facility.
11. Participants may not smoke in the room, use candles, or create any other fire hazards.
12. Participants may not remove, tamper with, or alter smoke detectors or the electrical outlets in the rooms. If the smoke detector or electrical outlets are malfunctioning or if the room needs maintenance, please contact the front desk or program staff.
13. Participants may bring one air fryer, one crockpot, and one rice cooker. Only one appliance may be used at a time. No other cooking appliances are permitted in the rooms (such as hot plates, deep fryers, toaster ovens, etc.)
14. Participants may receive meal/grocery delivery services. Delivery instructions shall be based on location per program staff.
15. Participants will meet with program staff/case management staff regularly (as determined by the service provider) to receive necessary resources and services to obtain transitional/permanent housing.
16. Participants must be making progress and meeting goals towards obtaining transitional or permanent housing.
17. Program participants must vacate their room and remove all belongings weekly to allow motel staff/program staff to clean the room, check the room for damages, and ensure compliance with the Program Participant Guidelines.
18. Program participants are allowed two suitcases (or storage containers) up to 3’x2’x1’per adult and one suitcase (or storage container) 3’x2’x1’per child for personal belongings. All personal belongings must be limited to the allowed number of suitcases or storage containers. If participants’ personal belongings do not fit in the allowable number of suitcases or storage containers, then the participant must reduce their personal belongings to fit in the allowed number of suitcases or storage containers.
19. Participants may not leave their room vacant for more than 72 hours or three nights in a row unless authorized by program staff.
20. Participants must keep their rooms clean and are required to comply with the Room Cleaning Protocol. All trash shall be placed in proper trash receptacles and rooms shall be maintained with good housekeeping.
By participating in this program, I agree to work with the City of Sacramento, program staff (Step Up on Second Street), County of Sacramento, and any other referral agencies to enter my information into the Homeless Management Information System (HMIS) and connect me to support services.
Revised 02.20.2025
By signing below, I agree to follow the above Program Participant Guidelines. I understand that failure to observe these guidelines may result in dismissal from the City Motel Shelter Program.
Name (Print):
Signature: Date:
*Reasonable accommodation: Individuals in need of a reasonable accommodation due to a disability may request an accommodation from the program manager or another staff member.
Attachment 3 to Exhibit A
City Motel Shelter Program
Room Cleaning Protocol
WEEKLY ROOM CLEANINGS AND INSPECTIONS
Motel Staff will clean motel rooms weekly. During weekly cleanings Program staff will inspect each room weekly for damage, cleanliness, and to ensure personal belongings are kept to the allowable amount. Program Staff will provide 24-hour notice before conducting weekly cleanings and inspections. Weekly cleanings and inspections may be done with or without the participant present. Staff will knock on the door and if there is no response, will open the door for cleaning and inspection.
ROOM CHECKS
Support Partner staff, motel staff, and City staff may conduct periodic room checks between 9am-4pm with 2 hours of prior notification. This may be done with or without the participant present. Staff will knock on the door and if there is no response, will open the door for inspection.
Guest Name (print): _________________________________________ Guest Signature: ____________________________________________ Staff Signature:
Staff Organization:
Date:
HHAP GENERAL TERMS AND CONDITIONS
June 30, 2029
Attachment 4 - HHAP 5 Agreement
Diana Malimon
12/18/2024
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
This Standard Agreement (“Agreement”) is an agreement regarding Homeless Housing, Assistance, and Prevention Program Round 5 (HHAP-5 or Program) funds.
A. The State of California established HHAP-5 pursuant to the provisions in Chapter 6.5 (commencing with Health and Safety Code (HSC) section 50230) of Part 1 of Division 31 of the HSC. (Amended by Stats. 2023, Ch. 40, Sec. 17 (AB 129) effective July 10, 2023).
B. The Program is administered by the California Department of Housing and Community Development (HCD) in the Business, Consumer Services and Housing Agency (Agency). HHAP-5 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous HCD grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness
.
C. This Standard Agreement/Contract for Funds along with all its exhibits (Agreement) is entered into by HCD and a Continuum of
Care, a city, or a county (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 Notice of Funding Availability (NOFA) dated September 29, 2023, under which the Grantee applied, HCD guidance and directives and the requirements appearing in the statutory authority for the Program cited above.
2. Purpose
HHAP-5 is established for the purpose of organizing and deploying the full array of homelessness programs and resources comprehensively and effectively, and to sustain existing federal, state, and local investments towards long-term sustainability of permanent housing and supportive services. The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
individuals and families to maintain their permanent housing; and (2) continue to build on regional coordination developed through previous rounds of HHAP funding (See HSC section 50230 et seq.).
HHAP funding shall:
A. Be available to applicants for the purpose of reimbursement for planning and preparing the Regionally Coordinated Homelessness Action Plans required for the HHAP-5 application.
B. Continue to build regional collaboration between Continuums of Care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness by fostering robust regional collaboration and strategic partnerships aimed at fortifying the homeless services and housing delivery system. This should be achieved through the formulation of data- driven and cross-system plans designed to allocate resources in alignment with the state's priorities for homeless housing solutions. This means implementing strategies that create and sustain regional partnerships and prioritize permanent housing solutions.
C. Ensure the long-term sustainability of housing and supportive services, by strategically pairing these funds with other local, state, and federal resources to effectively reduce and ultimately end homelessness.
Grantees are encouraged to follow the guidance provided in “Putting the Funding Pieces Together: Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness”.
D. Demonstrate sufficient resources dedicated to long-term permanent housing solutions, including capital and operating costs.
E. Demonstrate a commitment to address racial disproportionality in homeless populations and achieve equitable provision of services and outcomes for Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness.
F. Establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
levels of planning and implementation, including through opportunities to hire people with lived experience.
G. Fund projects that provide housing and services that are Housing First compliant, per HSC section 50234(f), and delivered in a low barrier, trauma informed, and culturally responsive manner. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving interim or permanent housing, or other services for which these funds are used.
H. Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments.
3. Definitions
The following HHAP-5 program terms are defined in accordance with HSC section 50230, subdivisions (A) – (X):
A. “Agency” means the Business, Consumer Services, and Housing Agency.
B. “Applicant” means a Continuum of Care, city, county, or a region for purposes of the Regionally Coordinated Homelessness Action Plan requirements pursuant to this chapter.
C. “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.
D. “Continuum of Care” means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
E. “Coordinated Entry System” means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
F. “Regionally Coordinated Homelessness Action Plan” means the regionally coordinated homelessness action plan described in Section 50233.
G. “Council” means the associated staff within the Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
H. “Department” means the Department of Housing and Community Development.
I. “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801.
J. “Grantee” means an eligible applicant that has received its initial Round 5 base allocation or total Round 5 base allocation, as applicable.
K. “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
L. “Homeless Management Information System” means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
M. “Homeless point-in-time count” means the most recently available point-in- time count data as reflected in the Annual Homeless Assessment Report released by the United States Department of Housing and Urban Development.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
N. “Homeless youth” means an unaccompanied youth between 12 and 24 years of age who is experiencing homelessness, as defined in Section 725(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.
O. “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.
P. “Jurisdiction” means a city, county, Continuum of Care, or tribe, as defined in this section.
Q. “Memorandum of Understanding” has the same meaning as defined in subdivision (f) of Section 50233.
R. “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
S. “Program” means Round 5 of the Homeless Housing, Assistance, and Prevention program, or Round 5, established pursuant to this chapter.
T. 1) “Base program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges pursuant to the allowable uses specified in Section 50236.
2) “Homekey supplemental allocation” means the portion of program funds available to eligible jurisdictions as supplementary Homekey resources, as defined in Section 50237.
U. “Recipient” means a jurisdiction that receives funds from HCD for the purposes of the program.
V. 1) Except as set forth in paragraph 2) below, “region” means the geographic area served by a county, including all cities and Continuum of Care within it. A region that has a Continuum of Care that serves multiple counties may submit a plan that covers multiple City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
counties and the cities within them, or the Continuum of Care may participate in the Regionally Coordinated Homelessness Action Plan of each individual county that is part of the Continuum of Care along with the cities within the county.
2) All Continuums of Care within the County of Los Angeles shall be considered part of a single region, along with the county and big cities within the county.
W. “Small jurisdiction” means a city that is under 300,000 in population as of January 1, 2022, according to data published on the internet website of the Department of Finance.
X. “Tribe” or “tribal applicant” means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code that is located in California.
Additional definitions for the purposes of the HHAP-5 program:
Allocations:
“Initial HHAP-5 Base Allocation”: fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP-5 allocation.
“HHAP-5 Planning Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s HHAP Round 5 planning allocation.
“Initial Supplemental Funding Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s share of the one hundred ($100) million Supplemental Allocation.
“Remainder Disbursement”: the remaining fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP- 5 base allocation.
“Obligate”: means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-5 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
“Expended”: means all HHAP-5 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.
4. Scope of Work
A. The Scope of Work (“Work”) for this Agreement shall include uses that are consistent with HSC section 50234, subdivision (a) (1), and section 50236, and any other applicable laws.
B. HHAP-5 Planning Allocation funds are for the purpose of planning for and preparing the Regionally Coordinated Homelessness Action Plan required as part of the HHAP-5 regional application. Any Planning Allocation funds that are not spent on the preparation of the HHAP-5 application must be expended consistent with the purpose and requirements of the HHAP-5 program, as described below.
C. Provided that before proposing to use HHAP-5 resources to fund new interim housing solutions, the applicant first demonstrates that the region has dedicated sufficient resources from other sources to long-term permanent housing solutions, including capital and operating costs, allowable uses of HHAP-5 base program allocation funds include all of the following:
1) Permanent housing solutions, including all of the following:
a) Rental subsidies, including to support placement of individuals in Community Assistance, Recovery and
Empowerment (CARE) Court.
b) Landlord incentives, such as security deposits, holding fees, funding for needed repairs, and recruitment and relationship management costs.
c) Move-in expenses.
d) Operating subsidies in new and existing affordable or supportive housing units serving people experiencing
homelessness, including programs such as Homekey, new
or existing residential care facilities, funded by the
Behavioral Health Continuum Infrastructure Program or the City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
Community Care Expansion Program. Operating subsidies
may include operating reserves.
e) Homelessness prevention through rental assistance, rapid rehousing, and other programs, so long as they prioritize households at imminent risk of homelessness or households with incomes at or below thirty percent (30%) of the area median income, who pay more than fifty percent (50%) of their income in housing costs, and who meet criteria for being at highest risk of homelessness through data-informed criteria.
f) Problem-solving and diversion support programs that prevent people at risk of or recently experiencing
homelessness from entering unsheltered or sheltered
homelessness.
g) Services for people in permanent housing, so long as the services are trauma-informed and practice harm reduction, to include intensive case management services, assertive community treatment services, critical time intervention services, other tenancy support services, evidence-based employment services, coordinating mental health, substance use, and primary care treatment, or other evidence-based supportive services to increase housing retention.
h) Capital for permanent housing that serves people
experiencing homelessness, including conversion of
underutilized buildings or existing interim or transitional housing into permanent housing.
2) Interim housing solutions, including all of the following:
a) Navigation centers that are low barrier, as defined in Sections 65660 and 65662 of the Government Code, to
include any of the following:
b) Operating expenses in existing congregate shelter sites.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
c) Operating expenses in new or existing non-congregate shelter sites and transitional housing for youth.
d) Motel or hotel vouchers.
e) Services provided to people in interim housing, to include trauma-informed and evidence-based intensive case
management services, housing navigation, connecting
people to substance use or mental health treatment, public benefits advocacy, and other supportive services to promote stability and referral into permanent housing.
f) Capital funding to build new non-congregate shelter sites, including for construction, rehabilitation, and capital improvements to convert existing congregate sites into non- congregate sites.
g) Capital funding for clinically enhanced congregate or non- congregate shelter sites.
h) Youth-focused services in transitional housing.
3) Service provisions and systems support including all of the following:
a) Services for people experiencing unsheltered homelessness, including street outreach, including, but not limited to, persons experiencing homelessness from encampment sites and those transitioning out of encampment sites funded by the program known as the Encampment Resolution Funding
Grant consistent with HSC Section 50251 to access
permanent housing and services. This includes evidence- based engagement services, intensive case management
services, assertive community treatment, housing
navigation, harm reduction services, coordination with street- based health care services, and hygiene services for people living in encampments and unsheltered individuals.
b) Services coordination, which may include access to
workforce, education, and training programs, or other
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
services needed to promote housing stability in supportive housing.
c) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations, including families and homeless youth.
d) Improvements to existing emergency shelters to lower barriers and increase privacy.
e) Any new interim sheltering funded by Round 5 funds must be low-barrier, comply with Housing First practices as
provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
4) In addition to the eligible uses described above, the Grantee’s expenditure of its entire HHAP-5 Base Allocation must also comply with the following:
a) At least ten percent (10%) of the funds shall be spent on services for homeless youth populations.
b) Not more than seven percent (7%) of funds may be used for administrative costs incurred by the city, county, or
Continuum of Care to administer its program allocation. For purposes of this Agreement, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.
Grantee shall perform the work only in the areas as identified, and in accordance with any guidance from HCD.
5) Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grants Program Design Section Chief or their designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be sent to the HCD Contract Coordinator electronically.
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: California Department of Housing
& Community Development City of Sacramento
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon St SW, Suite 400
Sacramento, CA, 95811
915 I Street,
Sacramento, CA 95814
CONTRACT
COORDINATOR
Jeannie McKendry Ya-yin Isle
PHONE
NUMBER: (916) 490-9589 (916) 808-1869
EMAIL
ADDRESS:
[email protected]
[email protected] [email protected]
All requests to update the Grantee information listed within this Agreement shall be emailed to the HPD Homelessness Grants general email box at [email protected]. HCD reserves the right to change their representative and/or contact information at any time with notice to the Grantee.
6) Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon approval by HCD (indicated by the signature provided by HCD in the lower left section of page one, Standard Agreement, STD. 213), and when signed by all parties. Funds will be disbursed in accordance with Section 4 of Exhibit B.
B. This Agreement shall terminate on June 30, 2029.
C. On or before January 1, 2026, a Grantee shall submit to the Department an updated Regionally Coordinated Homelessness Action Plan, which shall include updates on the metrics and key actions to improve these metrics, which shall be reviewed and approved by HCD pursuant to HSC 50235 subdivision (h). A Grantee shall contractually obligate no less than seventy-five percent (75%) and shall expend no less than fifty percent City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
(50%) of their initial fifty percent (50%) HHAP-5 base allocation disbursement by June 30, 2026. This excludes both the HHAP-5 planning and Initial Supplemental Allocations. Upon demonstration by a recipient Grantee that it has complied with both of these requirements, the Department shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 base allocation pursuant to HSC Section 50235.
1) Grantee will demonstrate compliance with these obligation and expenditure requirements through monthly fiscal reports and by completing a certification documentation in the form and manner provided by HCD.
D. If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 base allocation, and HCD shall not allocate to the recipient the remaining fifty percent (50%) of its HHAP-5 base allocation, unless both of the following occur:
1) On or before June 30, 2026, the Grantee submits an alternative disbursement plan to HCD that includes an explanation for the delay.
2) HCD approves the alternative disbursement plan.
If a Grantee does not satisfy these requirements, HCD shall have the discretion to allocate the unused funding in a manner prescribed by HCD.
If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2027, the funds shall be returned to HCD to be allocated as supplemental awards in accordance with Health and Safety Code Section 50237.
E. All HHAP-5 funds, including base allocations, planning allocations, and supplemental funding, shall be expended by June 30, 2028.
F. Any funds, including planning allocations and supplemental funding, not expended by June 30, 2028, shall revert to, and be paid and deposited in, the General Fund pursuant to Health and Safety Code section 50235 subdivision (m).
City of Sacramento
24-HHAP-10019
EXHIBIT A
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
G. HCD may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements.
7) Capacity and Authority to Contract
A. By signing this Agreement, the Grantee is certifying that it has the capacity and authority to fulfill the obligations enumerated in this agreement. The Grantee further represents that it is authorized to execute this Agreement.
B. Each person executing this Agreement on behalf of an entity, other than an individual executing this Agreement on their own behalf, represents that they are authorized to execute this Agreement on behalf of said entity.
City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
BUDGET DETAIL AND DISBURSEMENT PROVISIONS
1. Payee
Name: City of Sacramento Amount: $ 27,053,240.85
2. Budget Detail & Changes
A. The Grantee agrees that HHAP-5 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.
B. The Grantee shall expend the HHAP-5 funds on eligible activities as detailed in HSC 50234, subdivision (a)(1)(A) and 50236 and as described in the grantees latest approved HHAP-5 funding plan.
C. Any changes to the Grantee’s budget must be approved in writing by HCD prior to incurring expenses.
3. General Conditions Prior to Disbursement
A. All Grantees must submit the following forms prior to this HHAP-5 allocation being released:
1) Request for Funds Form (“RFF”).
2) STD 213 Standard Agreement form and Exhibits A through E.
3) STD 204 Payee Data Record or Government Agency Taxpayer ID Form.
4. Disbursement of Funds
A. Initial Disbursement
City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
1) The Initial Disbursement of the HHAP-5 allocation includes the initial HHAP-5 base allocation, HHAP-5 planning allocation, and initial supplemental allocation. These funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.
2) The Initial disbursement of HHAP-5 funds will be disbursed in one allocation, and issued to the Grantee, identified on the Payee Data Record Form or Government Agency Taxpayer ID Form.
B. Remainder Disbursement
1) HCD will disburse the remaining fifty percent (50%) of HHAP-5 base allocation upon demonstration by a Grantee that it has complied with the requirement to contractually obligate and expend a minimum amount of its initial Round 5 base allocation, as described below, and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan that includes updates on measures and illustrates the advancement of key actions outlined in the original Regionally Coordinated Action Plan to improve those measures, as outlined in Section 50235(h).
a) A Grantee shall contractually obligate no less than seventy- five percent (75%) and shall expend no less than fifty
percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026. This excludes both the HHAP-5 planning allocation and the supplemental allocation. Upon demonstration by a grantee that it has complied with this requirement and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan, HCD
shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 program allocation pursuant to Section 50234.
b) If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 program allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 program allocation, and HCD shall not allocate to the recipient the City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
remaining fifty percent (50%) of its HHAP-5 program
allocation, unless both of the following occur:
i. On or before June 30, 2026, the Grantee submits an
alternative disbursement plan to HCD that includes an
explanation for the delay.
ii. HCD approves the alternative disbursement plan. If
HCD cannot approve an alternative disbursement
plan, HCD will provide the Grantee with guidance on
the revisions needed in order to approve the
alternative disbursement plan.
c) HCD may withhold the remaining fifty percent (50%) of HHAP-5 program allocation funds from a jurisdiction that repeatedly failed to take action as specified in its Regionally Coordinated Homelessness Action Plan, or that took actions adverse to achieving the plan objectives provided pursuant to Section 50233, until such time the jurisdiction
demonstrates to HCD they are in substantial compliance
with the requirements of HSC 50235 subdivision (h).
5. Expenditure of Funds
All HHAP-5 funds must be spent consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236 and in alignment with the Grantee’s latest, approved funding plan.
6. Ineligible Costs
A. HHAP-5 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236.
B. HCD 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 HHAP-5 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD.
City of Sacramento
24-HHAP-10019
EXHIBIT B
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
C. An expenditure which is not authorized by this Agreement, or by written approval of the Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed and must be immediately repaid to HCD by the Grantee. A Grantee shall be prohibited from applying for future HHAP funds until they have repaid these funds to HCD.
HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-5 fund expenditures.
D. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the Grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program.
Examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant.
E. Program funds shall not be used to supplant existing Encampment Resolution Funding Grant funds provided under HSC section 50251.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
HHAP GENERAL TERMS AND CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD 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 HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within thirty (30) days of HCD’s notice of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD 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 Section 12 (Special Conditions – Grantees/Sub Grantee) or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.
3. Grantee’s Application for Funds
Grantee has submitted to HCD an application for HHAP-5 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. HCD is entering into this Agreement on the basis of Grantee’s facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
requested through the formal HHAP Budget Modification Request Process and are subject to approval by HCD.
Grantee warrants that all information, facts, assertions, and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of 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 HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4. Reporting/Audits
A. Reporting Requirements
1) Annual Report: Grantees will be responsible for submitting an annual report no later than April 1 each year following the receipt of funds until all funds are fully expended. The annual report will contain detailed information on program activities in accordance with HSC sections 50221, 50222, and 50223, and be submitted in the form and method provided by HCD. The annual report must provide information on activities through the prior calendar, including, but not limited to, an ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses, as well as any additional information HCD deems appropriate or necessary.
2) Monthly Fiscal Report: Grantees will be responsible for submitting a monthly fiscal report in accordance with HSC section 50223, in the form and method provided by HCD. The monthly fiscal report must provide information, including but not limited to, the obligation and expenditure status of the program funds by eligible uses category.
3) Final Report: Grantees will be responsible for submitting a final report in accordance with HSC section 50223 no later than April 1, 2029, and must be submitted in the form and method provided by HCD. The final report must provide information, including but not limited to, detailed uses of all program funds.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
4) HMIS/HDIS Reporting: Grantees and their subcontractors must report client data into their local Homeless Management Information Systems (HMIS) pursuant to the requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021), and that data must be shared quarterly with the statewide Homeless Data Integration System (HDIS). As part of reporting responsibilities in accordance with HSC sections 50221, 50222, and 50223, Grantees must ensure proper recording of activities associated with these program funds. This is intended to efficiently capture many of the non-fiscal reporting responsibilities required under HSC sections 50221, 50222, and 50223. HCD will make efforts to utilize statewide Homeless Data Integration System to fulfill grantee reporting requirements under HSC sections 50221, 50222, and 50223, however improper reporting into that system may require HCD to seek additional information directly from Grantees.
Grantees may also be required to accept training and technical assistance in this area if their HMIS/HDIS is not properly tracked and shared.
5) HCD may require additional supplemental reporting with written notice to the Grantee.
6) Grantee may, at their discretion, fully expend their HHAP-5 allocation prior to the end date of the grant term and will not be required to submit monthly fiscal reports after the month in which their allocation was fully expended.
B. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-5 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
2) The Grantee shall notify HCD of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor's working papers.
3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within ninety (90) days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
HCD 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 HCD, or its designee, with any relevant information requested. The Grantee agrees to give HCD 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 Homeless Housing, Assistance, and Prevention Program laws, the HHAP-5 program guidance document published on the website, and this Agreement.
In accordance with HSC section 50220.8, subdivision (m), if upon inspection of records HCD identifies noncompliance with grant requirements, HCD retains the right to impose a corrective action plan on the Grantee.
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.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
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.
C. Public Records Act
The Grantees’ final HHAP-5 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, HHAP-5 funds provided under this Agreement for any ineligible activities.
3) 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 HCD in law or equity for breach of this Agreement, HCD may:
1) Bar the Grantee from applying for future HHAP funds.
2) Revoke any other existing HHAP award(s) to the Grantee.
3) Require the return of any unexpended HHAP-5 funds disbursed under this Agreement.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
4) Require repayment of HHAP-5 funds disbursed and expended under this Agreement.
5) Require the immediate return to HCD of all funds derived from the use of HHAP-5 funds.
6) 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 HHAP-5 requirements.
C. All remedies available to HCD are cumulative and not exclusive.
D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than fifteen (15) 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 HCD to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.
8. Nondiscrimination
During the performance of this Agreement, the 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, and denial of medical and family care leave or pregnancy disability leave. 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, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
Government Code (Gov. Code, §§ 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. For instance, HSC section 50220.5, subdivision (i) states, “For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.”
Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 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 (2) year period from the date he or she left State employment, no former State officer or employee may enter into a contract 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 twelve (12) month 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 (12) month period prior to his or her leaving State service.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
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, § 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:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace.
3) Any available counseling, rehabilitation, and employee assistance program; and
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and
2) 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 Exhibits C and D. These conditions shall be met to the satisfaction of HCD 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 HHAP-5 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:
City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.
3) 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.
4) Agree to include all the terms of this Agreement in each subcontract.
B. The Grantee shall monitor the activities of all subgrantees to ensure compliance with all requirements under the HHAP program.
As requested by HCD, the Grantee shall provide to HCD all monitoring documentation necessary to ensure that Grantee and its subgrantees are in continued compliance with HHAP requirements. Such documentation requirements shall be provided by HCD when the information is requested.
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, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the HHAP-5 program, the Grantee, its subrecipients, and all eligible activities.
The 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. The 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, City of Sacramento
24-HHAP-10019
EXHIBIT D
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
environmental protection, procurement, and safety laws, rules, regulations, and ordinances. The Grantee shall provide copies of permits and approvals to HCD upon request.
14. Inspections
A. The 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. HCD 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. The 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.
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 HCD, shall not affect any other provisions of this Agreement and the Initial terms 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 HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, 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 HCD.
City of Sacramento
24-HHAP-10019
EXHIBIT E
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-5 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-5 funds, must be used for HHAP-5-eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest- bearing accounts.
2. Per HSC section 50234 subdivision (f), any housing-related activities funded with HHAP-5 funds, including but not limited to emergency shelter (per HSC section 50236 subdivision (c)(3)(E), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-5 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing.
3. The Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-5-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 HHAP-5 funding (e.g., by creating appropriate HHAP-5-specific funding sources and project codes in HMIS).
4. The Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the HMIS in accordance with their existing Data Use Agreements, and as required by HSC sections 50234(b) and 50220.6 and Welfare and Institutions Code section 8256. Any health information provided to, or maintained within, the Homeless Management Information System, or the State Homeless Data Integration System (HDIS), which compiles all HMIS data into a statewide data warehouse, shall not be subject to public inspection or disclosure under the California Public City of Sacramento
24-HHAP-10019
EXHIBIT E
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
Records Act. 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. HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, HCD, 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.
5. The Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD and report to HCD on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.
6. The Grantee agrees to demonstrate a commitment to racial equity and, per HSC section 50222 subdivision (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCD, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19.
7. The Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
8. HCD reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved.
9. The Department represents that the intent of Exhibit D Section 1(B) is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in Homeless Housing, Assistance and Prevention Program, Round 5 Notice of Funding Availability dated September 29, 2023 for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D Section 1(B) once construction has commenced in compliance with Program requirements and in City of Sacramento
24-HHAP-10019
EXHIBIT E
Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024
accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
CONTRACT ROUTING SHEETContract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.General Information (Required)Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________Assessor’s Parcel Number(s): ________________________________________________________________Contract Effective Date: _________ Contract Expiration Date (if applicable): _________$ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________Other Party: ______________________________________________________________________________Project Title: _____________________________________________________________________________Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________City Council Approval: if YES, Council File ID#: __________Contract Processing ContactsDepartment: ______________________________Contract Coordinator: _______________________Project Manager: _________________________________Department Review and Routing(Signature) (Date)(Signature) (Date)(Signature) (Date)(Signature) (Date)Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)_______________________________________________________________________________________------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Step Up Support Services I02000257 Date: 2/10/2025 Purchase Order #: 73483 Supplemental Contract No.: 02
The City of Sacramento ("City") and Step Up on Second Street_ ("Contractor"), as parties to that certain Non - Professional Services Agreement designated as Contract Number 2023-1185, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows:
1. The Time of Performance as set forth in Section 3 of Exhibit A is hereby extended for an additional 12-month term from February 28, 2025 through February 28, 2026.
2. As of March 1, 2025, the City Motel Shelter Program Participant Guidelines specified as Attachment 3 to Exhibit A are replaced by the revised City Motel Shelter Program Participant Guidelines attached hereto as Attachment 6 to Exhibit A and the City Motel Shelter Program Room Cleaning Protocol specified as Attachment 4 to Exhibit A is replaced by the City Motel Shelter Program Room Cleaning Protocol attached hereto as Attachment 7 to Exhibit A.
3. As of March 1, 2025, the Agreement is amended to include the following attachments: the attached City Motel Shelter Program Termination Policy is included as Attachment 8 to Exhibit A, the attached City Motel Shelter Program Termination Notification is included as Attachment 9 to Exhibit A, the attached Grievance Policy & Procedures are included as Attachment 10 to Exhibit A, and the attached Statement of Grievance is included as Attachment 11 to Exhibit A.
4. As of March 1, 2025, the Scope of Work attached hereto as Attachment 12 to Exhibit A supersedes the Scope of Work specified as Attachment 2 to Exhibit A.
5. As of March 1, 2025, the revised Project Budget attached hereto as Attachment 3 to Exhibit B replaces Attachment 2 to Exhibit B—Budget.
6. The attached Federal Conditions Exhibit (Attachment 13 to Exhibit A) is hereby incorporated into the Contract.
7. The following is added as section 2(b) to Exhibit A (Scope of Services):
The Contractor may seek reimbursement solely for eligible costs that it incurs between the effective date of this agreement and February 28, 2026. If Contractor receives a refund or credit for any cost for which it received a payment of ARPARF funds, Contractor shall return ARPARF funds in an amount equal to the refund or credit to the City by check payable to the City and delivered to the City at the address shown above no later than 10 days following receipt of such refund or credit, unless otherwise agreed to, in writing, by the City.
8. In consideration of the additional and/or revised services described in sections 1 through 4, above, the maximum not-to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased by $1,873,003.00, and the Contract’s maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $1,437,832.00 Net change by previous supplemental contracts: $437,264.00 Not-to-exceed amount prior to this supplemental contract: $1,875,096.00 Increase by this supplemental contract: $1,873,003.00
New not-to exceed amount including all supplemental contracts: $3,748,099.00
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
9. Contractor agrees that the amount of increase in the not-to-exceed amount specified in section 6, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or
delays in schedules or in the delivery of other services by Contractor.
10. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
11. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract.
[SIGNATURES ON FOLLOWING PAGE]
Approval Recommended By: Approved As To Form By:
Brian Pedro, DCR Director City Attorney
Approved By: Attest:
____________________________________
Contractor City Clerk
Approved By:
Mario Lara, Assistant City Manager
City of Sacramento
STAFFING
Salary Budget SA #1 Adjustment New Budget
Direct Management Oversight (VP 0.10 FTE, Sr. Director 0.55 FTE, Director 1 FTE, Assist. Program Manager 1 FTE, Program Manager 1 FTE) $236,813.04 $251,000.00 $487,813.04
10.0 FTE Service Coordinator I - Generalist $591,271.65 $440,000.00 $1,031,271.65
2.0 FTE Service Coordinator I - Housing Specialist $109,200.20 $110,000.00 $219,200.20
2.0 FTE Service Coordinator I - Care Coordinator $258,962.89 $110,000.00 $368,962.89 Benefits $217,729.22 $255,080.00 $472,809.22
SUBTOTAL $1,413,977.00 $1,166,080.00 $2,580,057.00
CLIENT SERVICES COSTS
Rental Assistance - Landlord Rents $152,000.00 $157,000.00 $309,000.00 Bus Pass, Uber, Transportation $2,500.00 $4,000.00 $6,500.00 Move in Kit, Furniture, Household goods $32,800.00 $264,308.06 $297,108.06 Client General Costs $8,900.00 $2,500.00 $11,400.00
SUBTOTAL 196,200.00 427,808.06 $624,008.06
OPERATIONS
Supplies/Equipment $6,200.00 $6,000.00 $12,200.00
Telephone and Communication $10,000.00 $25,000.00 $35,000.00 Postage/Shipping $150.00 $150.00
Travel/ Transportation $11,600.00 $10,000.00 $21,600.00 Insurance - General $50.00 $50.00
Insurance - Umbrella $50.00 $50.00
Staff Training and Development (Recruiting, Background, Other)$11,300.00 $1,500.00 $12,800.00 Staff Training and Development (Clinical Development) $5,000.00 $5,000.00 Occupancy- corp rent $60,100.00 $55,000.00 $115,100.00
Occupancy- Utilities (water) $2.00 $600.00 $602.00
Professional Contracted Services (Zaptech/Xobee- IT &
Weilligent-electronic health record system) $5,000.00 $5,000.00 Facility Maintenance $200.00 $491.94 $691.94
Office Supplies $11,605.00 $0.00 $11,605.00
Technology $12,200.00 $0.00 $12,200.00
SUBTOTAL $123,207.00 $108,841.94 $232,048.94
In-direct Costs (not to exceed 10%) $141,712.00 $170,273.00 $311,985.00 TOTAL PROGRAM COSTS 1,875,096.00 1,873,003.00 $3,748,099.00 Attachment 3 to Exhibit B- Budget
Revised 11.1.2024
Attachment 6 to Exhibit A
City Motel Shelter Program Participant Guidelines
Welcome to the City Motel Shelter Program! We understand that this may be a difficult period in your life, and we are glad that you are with us. The goal of the City Motel Shelter Program is to help participants identify and remove their barriers to housing, and then move forward to the next appropriate step. For this program to function best for all involved, we must have guidelines established to provide the safety and structure necessary to generate lasting positive outcomes.
The City of Sacramento funded City Motel Shelter Program is a voluntary program intended to provide temporary Non-Congregate Shelter to families experiencing homelessness within the City. Voluntary participation in this program is contingent upon observance of the following guidelines at any hotel/motel location associated with the program.
Failure to observe the following guidelines may result in dismissal from the program location.
All Program participants are required to comply with the following guidelines:
1. Participants may not possess or store weapons on motel property or inside rooms.
2. Participants must respect the property, other program participants, motel staff, and program staff. This includes adhering to directions from motel staff and program staff.
3. Loud music, disruptive behavior, and incessant noise that creates a nuisance for other program participants is prohibited.
4. Participants may not cause any damage to the motel property, the rooms, or anything in the rooms such as furniture, appliances, etc.
5. All motel property must remain in the assigned room, including televisions, minifridges, microwaves, furniture, towels, sheets, etc.
6. Unregistered guests are not allowed in hotel/motel rooms or on motel property.
Only current City Motel Shelter Program participants may use motel rooms and only program staff, motel staff, or support service providers’ registered guests (approved by the program staff) may visit clients at the motel sites.
7. Minors are the responsibility of their parent or legal guardian. At no point may minors be left unattended in any space on the property. Only parents or legal guardians may stay in a room with minors.
8. Additional individuals or pets may not be entered into the program after the initial referral unless specifically approved by program staff.
9. Hotel/motel pet policy must be followed. If the hotel/motel allows pets, only one Revised 11.1.2024
pet is allowed per room. * Pets are the responsibility of the owner. Owners must clean up after their pet, and the pet may not cause any damage.
10. Participants may not enter other participants’ rooms or access private/staff only areas of the facility.
11. Participants may not smoke in the room, use candles, or create any other fire hazards.
12. Participants may not remove, tamper with, or alter smoke detectors or the electrical outlets in the rooms. If the smoke detector or electrical outlets are malfunctioning or if the room needs maintenance, please contact the front desk or program staff.
13. Participants may bring one air fryer, one crockpot, and/or one rice cooker. Only one appliance should be used at a time. No other cooking appliances are permitted in the rooms (such as hot plates, deep fryers, toaster ovens, etc.)
14. Participants may receive meal/grocery delivery services. Delivery instructions shall be based on location per program staff.
15. Participants will meet with program staff/case management staff regularly (as determined by the service provider) to receive necessary resources and services to obtain transitional/permanent housing.
16. Participants must be making progress and meeting goals towards obtaining transitional or permanent housing.
17. Program participants must vacate their room and remove all belongings weekly to allow motel staff/program staff to clean the room, check the room for damages, and ensure compliance with the Program Participant Guidelines.
18. Program participants are allowed two suitcases (or storage containers) up to 3’x2’x1’per adult and one suitcase (or storage container) 3’x2’x1’per child for personal belongings. All personal belongings must be limited to the allowed number of suitcases or storage containers. If participants’ personal belongings do not fit in the allowable number of suitcases or storage containers, then the participant must reduce their personal belongings to fit in the allowed number of suitcases or storage containers.
19. Participants may not leave their room vacant for more than 72 hours or three nights in a row unless authorized by program staff.
20. Participants must keep their rooms clean and are required to comply with the Room Cleaning Protocol. All trash shall be placed in proper trash receptacles and rooms shall be maintained with good housekeeping.
By participating in this program, I agree to work with the City of Sacramento, program staff (Step Up on Second Street), County of Sacramento, and any other referral agencies to enter my information into the Homeless Management Information System (HMIS) and connect me to support services.
By signing below, I agree to follow the above Program Participant Guidelines. I understand that failure to observe these guidelines may result in dismissal from the City Motel Shelter Program.
Revised 11.1.2024
Name (Print):
Signature: Date:
*Reasonable accommodation: Individuals in need of a reasonable accommodation due to a disability may request an accommodation from the program manager or another staff member.
Attachment 7 to Exhibit A
City Motel Shelter Program
Room Cleaning Protocol
WEEKLY ROOM CLEANINGS AND INSPECTIONS
Motel Staff will clean motel rooms weekly. During weekly cleanings Program staff will inspect each room weekly for damage, cleanliness, and to ensure personal belongings are kept to the allowable amount. Program Staff will provide 24-hour notice before conducting weekly cleanings and inspections. Weekly cleanings and inspections may be done with or without the participant present. Any pets in the room must be secured in a crate or kennel or removed from the room by the room’s resident on leash. Staff will knock on the door and if there is no response, will open the door for cleaning and inspection.
ROOM CHECKS
Support Partner staff, motel staff, and City staff may conduct periodic room checks between 9am-4pm with 2 hours of prior notification. This may be done with or without the participant present. Staff will knock on the door and if there is no response, will open the door for inspection.
Guest Name (print): _________________________________________ Guest Signature: ____________________________________________ Staff Signature:
Staff Organization:
Date:
Attachment 8 to Exhibit A
City Motel Shelter Program Termination Policy
City Motel Shelter Program staff reserve the right to exit program participants from the program based upon the terms of the Program Participant Guidelines, pursuant to the terms of California Civil Code sections 1954.08 et seq., and/or this Termination Policy.
All warnings and exits will be made at the discretion of the City Motel Shelter Program staff in accordance with the City Motel Shelter Program Guidelines.
Reasons for immediate exit:
• Any conduct that constitutes a “direct threat.” A direct threat means a substantiated threat to the health or safety of others (i.e., significant risk of bodily harm or would cause substantial physical damage to the property of others, and the risk cannot be sufficiently mitigated or eliminated by a reasonable accommodation. (Cal. Code Regs., tit. 2, § 12179(b) (3).)
• Sexual assault or verbally or physically threatening behavior that rises to the level of a “direct threat” to persons or property.
• Threats or actual acts of physical violence to staff, other program participants, or motel guests.
Reasons for exit with 30-day notice:
The following reasons may be grounds for exit from the program. If a program participant is exited for any of the reasons stated below, they will receive a written Notice of Termination at least 30 days prior to the date of their exit from the program. The written Notice of Termination will state the reason(s) for the exit.
• Direct observation of Program Participant engaging in illegal activity at the Program location.
• Program Participant has breached/violated a term or condition of the Program Participant Guidelines or this Termination Policy.
• Program Participant has successfully secured permanent housing, has secured housing through reunification services, or otherwise self-resolved their housing crisis.
• Program Participant has consistently refused to participate in their rehousing plan and has failed to progress towards re-housing.
• Program Participant has consistently refused and/or failed to cooperate with Program staff in identifying housing options.
• Program Participant has been absent from the Program for three (3) or more consecutive calendar days without prior approval from the Program staff and attempts to contact participant have been unsuccessful.
• The termination of the agreement authorizing the use of the Program location for interim housing.
• The termination of the Program.
Documented Warnings and Problem Solving
Program staff will issue a written warning to program participants to document the violation of a term or condition of the Program Participant Guidelines or this Termination Policy.
When a participant commits a violation of program rules, the case manager will ensure the participant fully understands the violation, including the specific behavior(s) that led to the violation. The case manager will work with the client to identify solutions to prevent future rule violations. The case manager will monitor progress and provide follow-up as needed to ensure the participant stays on track. The explanation of the rule violation, any problem-solving steps, and agreements between the program and the client should be documented.
Participants that receive three (3) written guideline violations may be exited from the City Motel Shelter Program if deemed necessary in writing by Program management.
Notice of Termination
When exiting a participant or family from the City Motel Shelter Program, Program staff will issue a written 30-day termination notice and provide the exiting participant a copy of the Grievance Policy. Program staff must provide the exit notice and grievance policy to participants at least 30 days prior to the proposed exit date. The notice must contain a clear, plain language statement of the reason for the exit and must notify participants of their right to request reasonable accommodation if they are a qualified person with a disability.
In cases where a program participant is subject to immediate removal based on circumstances that present a direct threat to the health or safety of others or would cause substantial physical damage to the property of others, Program staff may remove the participant from the premises immediately, provided that they inform the participant of their right to use the grievance process.
Participants who are exited from the program for serious guideline violations may be unable to return in the future. Program participants who are eligible to return to the City Motel Shelter Program must speak with Program Management and develop a sufficient plan for addressing prior concerns (i.e., evidence of behavioral changes, additional support in place, etc.).
Exiting After Three (3) Calendar Day Absence (Self-exit) Program participants who self-exit or leave the motel site and do not return to the site or make reasonable contact with the shelter program operator within 72 hours of leaving will be exited from the program without providing 30-day notice.
As a Shelter Program, it is anticipated that Shelter Program Participants will stay in the program most nights. However, there may be circumstances in which a Shelter Program Participant works overnight and sleeps during the day, or where Shelter Program Participants have an alternate place to stay on some nights. If Shelter Program Participants are not staying in the program regularly and have not notified Program staff of their absence for three (3) or more consecutive days/nights, Program staff must make at least three attempts to contact the Shelter Program Participant prior to exiting Shelter Program Participant from the Shelter Program. Attempts must be made using at least two (2) different methods (e.g., phone call, text message, e-mail, posting notice on door of unit if applicable) and must be documented in HMIS.
(1) Shelter Program Operator is encouraged to contact Shelter Program Participant’s emergency contact, reach out to local area hospitals, or engage other public entities in support of assisting Shelter Program Participant with maintaining their interim housing bed.
(2) If these attempts are unsuccessful, the Shelter Program Operator may exit the Shelter Program Participant from the program. Upon exiting a participant, Program staff must collect, inventory, tag, and store the participant’s belongings for 60 calendar days from when the participant was exited from the program. The participant’s belongings must be returned to them if they return and request them within the 60-day period. After the 60-day period has passed, Program staff can dispose of the belongings.
(3) If the Shelter Program Participant returns for services after being exited, efforts must be made to address the Shelter Program Participant’s needs and re-enroll into the Shelter Program or other Shelter Program within the Continuum of Care. For match-based programs, Shelter Program Operator must coordinate with Sacramento Steps Forward and the Coordinated Access System to re-enroll the Shelter Program Participant.
Guest Name (print):
Guest Signature:
Staff Signature:
Staff Organization:
Date: __________________________________________________________
Attachment 9 to Exhibit A
City Motel Shelter Program Notice of Termination
Participant Name(s):_____________________________ Date:____________ Motel Name and Room #:_________________________
You/your family violated the terms of the City Motel Shelter Program Participant Guidelines and/or the City Motel Shelter Program Termination Policy signed by ________________________________ on _____/_____/_______. The program violation(s) and reason for exit from the program consist of the following:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
Please be advised that due to the above violation, you will be exited from the City Motel Shelter Program on _____/______/_______. Please vacate the property with all of your belongings no later than 11 a.m. on the exit date. Failure to do so will result in further action.
__________________________(Case Manager Signature) Date:_________________
I have reviewed and authorized this notification:
__________________________(Management Signature) Date:_________________ Program participants who believe they were or are being wrongfully exited from the City Motel Shelter Program may initiate the grievance process and file a grievance with program staff or with the City 30 days before their proposed exit date, or at any point thereafter. Program staff will make the grievance form available upon request.
*Reasonable accommodation: If you are a qualified person with a disability, you have the right to request a reasonable accommodation.
Attachment 10 to Exhibit A
Grievance Policy & Procedures
The grievance policy gives program participants a right to appeal through the City if a program participant believes they were or are being wrongfully terminated from the City Motel Shelter Program.
1. Statement of Grievance
If a participant feels that they were or are being wrongfully exited from the program and their concerns have not been resolved through informal discussions or problem-solving methods, they may complete Grievance Resolution Appeal form for City staff to review.
Program staff will make the Grievance Resolution Appeal form is available upon request.
The completed form may be submitted to program staff. Program staff will deliver all completed forms to the City within 1 business day. Alternatively, completed Grievance Resolution Appeal forms may be submitted directly to the City’s Department of Community Response at the following address or email:
Attention: Grievance Appeal Coordinator
1000 I Street, Suite 180
Sacramento, CA 95814
[email protected]
2. Grievance Meeting
City staff will respond to the Grievance Resolution Appeal form within 10 business days.
The program participant will be invited to attend an in-person or virtual grievance meeting with City staff.
At the grievance meeting the City’s review will be limited to determining whether the program participant is being or was wrongfully exited from the program and whether program staff made a good faith effort to help the participant access an alternative available shelter site or program. Grievance meetings will be limited to the alleged violations leading to exit from the program. Other concerns related to program operations or facility complaints may be addressed to Department of Community Response staff but are not subject to review during a grievance meeting.
Participants should make all reasonable attempts to attend the meeting. Delays in scheduling the grievance meeting will not delay exit from the program. Following the grievance meeting, City staff will inform the participant of the City’s decision within 30 business days. The City’s decision is final.
3. Remedy
If, following the grievance meeting, the City determines that the participant’s exit or proposed exit was not carried out in accordance with the City Motel Shelter Program Termination Policy, any participant already removed will be granted the right to resume participation in the program. If the City or program staff are unable to place the individual in the original site, program staff will facilitate placement for the individual in an alternative available motel or shelter site.
4. Program participants may initiate the grievance process 30 days prior to their proposed exit, or at any point thereafter.
In cases where a program participant is subject to immediate removal based on circumstances that present a direct threat to the health or safety of others or would cause substantial physical damage to the property of others, the participant may initiate the grievance process at the time of exit from the program or at any point thereafter.
Guest Name (print): _____________________________ Date: ______________
Guest Signature: ________________________________
Attachment 11 to Exhibit A
Office of Homeless Services
Grievance Resolution
APPEAL FORM
INSTRUCTIONS TO THE CLAIMANT
1. Please ensure that you have completed the entire Grievance process with Program staff prior to filing an appeal. The City’s scope of review is limited to determining whether a program participant was wrongfully exited from the program.
2. If you feel you were or are being wrongfully exited from the Program, please complete this Appeal Form and submit it to the address listed below.
3. Attach any records that will support your appeal.
4. Retain a copy for your record.
I hereby appeal my exit from the shelter program for the following reason(s):
How can we contact you to follow-up on this Appeal? (complete blocks below) Name: Telephone:
Address: Email:
Name of Shelter:
Address of Shelter:
Name of Program staff involved in Appeal:
Appeal Request: Give specific reasons for the appeal. (Continue on the next page or use additional sheets if necessary.)
Attachment 11 to Exhibit A
Please submit this Grievance Appeal Form, along with any necessary documentation, to:
Department of Community Response
Attn: Grievance Appeal Coordinator
1000 I Street, Suite 180
Sacramento, CA 95814
By email to: [email protected]
I acknowledge that I have completed the Program staffs’ Grievance Process and that the documentation that I have provided is true and accurate to the best of my knowledge.
Applicant/Participant Signature: Date:
For DCR use only
DCR Action/Resolution:
DCR APPROVAL
Grievance Appeal Coordinator: Date:
Program Manager: Date:
Director of Community Response: Date:
Date Participant Notified: Date Program staff Notified:
It is the policy of the City of Sacramento and the Department of Community Response that no person shall, on the basis of race, color, sex, marital status, religion, creed, ethnic origin, national origin, age, disability, ancestry, arrest/court record, sexual orientation, be subjected to discrimination, excluded from participation in, or denied the benefits of homeless programs.
Attachment 12 to Exhibit A
Support & Rehousing Services for City Motel Shelter Program Scope of Work
Overview
Homelessness is an issue that impacts communities without regard to geographic or political boundaries and for which there is no single answer or approach. Shelters play a significant role in addressing homelessness and as such it is necessary to create a systemic approach to addressing homelessness which includes low to no barrier crisis shelters. The City of Sacramento recognizes the important role that such shelters play in helping move people out of homelessness and into permanent housing. To that end, the City shall contract with Step Up on Second Street, Inc. (Step Up) to operate the City’s Motel Shelter Program.
In an effort to permanently house families temporarily sheltered in the City's Motel Shelter Program, Step Up will provide essential support and rehousing services. Specifically, Step Up will utilize a Housing First model to rapidly move chronically homeless individuals into permanent housing and provide move -in support and other services to ensure individuals remain stably housed.
1. Key Terms:
Case Management: A "collaborative process of assessment, planning, facilitation, care coordination, evaluation and advocacy for options and services" to meet individual needs.
Client Centered: Approaching the care, goals and interventions of a client based on their identified need for services.
Culturally Competent: Ability to honor, understand, and respect beliefs, lifestyles, attitudes, and behaviors demonstrated by diverse groups of people, and to diligently act on that understanding. It includes knowledge of one's own cultural values, and ability to consistently function with members of other cultural groups.
Harm Reduction: An approach aimed at reducing the risks and harmful effects associated with substance use and addictive behaviors: for the person, the community and society without requiring abstinence. A Harm Reduction approach recognizes that consumers can be at different stages of recovery and that effective interventions should be tailored to each consumer's stage.
Housing First: An approach to ending homelessness that prioritizes providing permanent housing to people experiencing homelessness as quickly as possible, thus ending their homelessness, and then providing services as needed to promote housing stability and individual well-being.
2. Staffing
Step Up staffing shall consist of the following:
• 0.35 FTE Executive Management Oversight by Step Up's Vice President/Sr. Director • 0.65 FTE Executive Management Oversight by Step Up's Director/Assist. Director • 1 FTE Management Oversight by Step Up's Program Manager/Lead o Provide direct staff and daily operational oversight of the City’s Motel Program. • 8 FTE Service Coordinator I - Generalist will:
o Provide Housing Coordination and Navigation Services to approximately 570 unduplicated individuals experiencing chronic homelessness within the City’s Motel Program including assisting clients with obtaining the proper documentation to move successfully into housing, not limited to but including assistance with getting an identification card, social security card or other documents needed to move forward with housing sustainability. SCI Generalist will also provide necessary linkage to mental health and medical services as needed.
• 3 FTE Service Coordinator I- Care Coordinator will:
o Provide comprehensive case management support, referrals to mainstream benefits, education and employment support, linkage, and housing retention supportive services for up to a year after housed.
• 2 FTE Service Coordinator I- Housing Specialist will:
o Provide rehousing services to individuals sheltered at one of the City’s Motel Program locations with the goal of permanently housing as many individuals as practicable. o Take the lead on housing search, unit identifications and location and lease up placement. o Search for housing options aligned to the capacity and choices of the members and communicate program efforts to property managers to match potential program individual to appropriate housing options.
o Coordinate lease signings with property managers and member. o Provide move-in support and other services, as specified below, to both the member and motels/property managers to ensure clients remain stably housed o Conduct motel/property management outreach and engagement to identify and secure housing units in the community.
3. City Motel Program Operations
Step Up shall participate in the C ontinuum of Care’s (COC’s)’s Coordinated Access System (CAS). CAS shall provide all City Motel Program referrals, which solely includes families. Step Up shall enter the City Motel Program into the region’s Homeless Management Information System (HMIS) and/or linked confidential database and comply with all applicable Sacramento Continuum of Care (CoC) policies and procedures.
A)
Staffing
a. Step Up will have staff at each motel, at a minimum, Monday-Friday from 8am to 5pm.
b. Step Up staff’s main responsibilities will include (but are not limited to):
i. conduct intake meetings with new participants in the City Motel Shelter Program
ii. provide case management services to program participants iii. ensure program participants are in compliance with the City Motel Shelter Program Rules (see Exhibit A, Attachment 3 ) and the Program Protocols (see Exhibit A, Attachment 4)
iv. Provide referrals to outside agencies as needed (e.g. childcare, domestic violence, mental health, school districts, various benefits) v. Provide rehousing service, location and assistance
vi. Provide retention services once client is housed
B) Intake
a. When a client first meets with their case manager at intake they will go over the City Motel Shelter Program Rules, City Motel Shelter Program Protocols, and motel rules. b. Clients and Case manager will complete intake paperwork, Release of I nformation, and discuss if the individual(s) has documentation such as identification, social security cards, income and vouchers if applicable. Case managers will assist clients in getting documents and assist participants with obtaining income and/or establishing benefits. This includes coordinating the completion and submission of applications for public benefits and entitlements (e.g., general assistance, SNAP, SSI/SSDI, Veteran benefits) health insurance benefits (e.g., Medi-Cal, Medicare, Covered California, etc.) and other sources of financial assistance.
C) Case Management
a. Clients will meet with their case manager to develop an individualized service plan (ISP) to work towards goals, short term as well as long term housing goals. Case managers will work with clients to learn good neighbor skills as well as independent living skills and life skills preparing clients to be successful in their own housing.
Critical components in the provision of case management services include the following:
i. Low Barrier practices
ii. Housing first
iii. Harm reduction
iv. Trauma informed care
v. Client-centered
vi. Culturally affirming
D) Step Up will provide the services described herein at each motel participating in the City’s Motel Shelter Program. In the event that the motels participating in the motel should change, Step Up will assist in moving program participants from a formerly participating motel shelter site to a motel site actively participating in the City’s Motel Shelter Program.
4. Rehousing Support
A) Path to housing
a. Step Up housing specialists and the housing navigation team will provide and identify a path to housing and help clients move -in to housing and establish good neighbor practices including n ew tenant housing applications, interviews, and lease signing which will be facilitated by Step Up housing specialists.The specialists will engage with landlords and property management representatives to show alignment, support, and commitment to program participant success.
b. Step Up housing specialists will review the property amenities, restrictions on visitors and pets, where belongings may be stored , and other standards of good program participation , including individual rights and responsibilities , with program participants. Step Up staff will help the new program participant obtain any appliances, furniture and household essentials needed for move - in, teach them how to establish good housekeeping practices and proper disposal of trash, income budgeting, independent living skills and tools as well as give them referrals for resources they may need.
c.
The main purpose of this program is to build landlord relationships, community partnerships, and to identify permanent housing opportunities for individuals experiencing homelessness that are participating in the City’s Motel Program.
B) Landlord incentives
a. Step Up will incentivize motel owners and property managers through :
• additional security deposit
• utility deposits
• other financial support or incentives such as prepaid rent, as needed. b. Step Up will also incentivize housing for formerly homeless individuals through payment for damages caused by program participants as needed.
Step Up will provide initial and ongoing support to program participants and address any issues raised by property managers and will ensure support for property managers as may be needed during the initial stabilization period and first year of the program participant’s stay. The Housing Specialist or the Case Manager will continue to follow up with motel owners and p roperty managers as needed and provide mediation assistance if any issues or concerns arise.
5. Reporting Requirements
A) Step Up shall submit a monthly report to DCR on the following metrics:
• Number of property owner outreach contacts/engagements made; • Number of housing units identified;
• Number of housing units secured;
• Number of individuals permanently housed;
• Number of individuals who remain stably housed;
• Number of chronically homeless individuals permanently housed; and • Number of chronically homeless individuals who remain stably housed.
B) No later than Ju ly 15, 2025 , Step Up shall submit a cumulative report to the Department of Community Response Director summarizing the provision of all services and the related outcomes based on the metrics above. Step Up shall report all criminal conduct to the Sacramento Police Department.
6. Exit and Termination Standards
A) Step Up shall adhere to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the California Welfare and Institutions Code.
B) Step Up understands that program participants may only be exited from the City Motel Shelter Program pursuant to the City Motel Shelter Program Termination Policy included as Attachment 8 to Exhibit A of the Agreement. Step Up must disclose the termination policy to Shelter Program Participants at the commencement of their enrollment in the program.
C) Step Up shall endeavor to ensure terminations are performed in a trauma-informed manner utilizing a harm-reduction approach and shall ensure that the termination policies and procedures of the program, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.
D) Step Up shall establish procedures regarding how a Shelter Program Participant will be provided a written termination notice if a termination occurs and is required to disclose those procedures to Shelter Program Participants in writing at the commencement of their enrollment.
E) Step Up shall provide the termination notice to the Shelter Program Participant at least 30 days prior to the proposed termination or, if the underlying cause for a proposed termination constitutes a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the California Code of Regulations, Step Up may remove the participant from the premises immediately, provided that the operator advises the participant of their right to utilize the grievance process described below.
F) The termination notice shall contain a clear, plain-language statement of the reason for the termination, shall notify the Shelter Program Participant of their right to request a reasonable accommodation if they are qualified person with a disability, and shall notify the Shelter Program Participant of their right to utilize the grievance process described herein.
G) The termination notice must be uploaded to the Shelter Program Participant’s profile in HMIS.
H) The established procedure developed regarding Shelter Program Participant guideline violations shall include an escalation continuum that incorporates documented warnings and documented Step Up staff and Shelter Program Participant problem solving methods prior to instituting terminations from the Shelter Program.
I) Step Up can incorporate the use of mitigation plans with Shelter Program Participants as a tool to address Shelter Program Participant guideline violations.
J) Step Up shall provide an exit plan upon any termination or exit of a Shelter Program Participant that includes referrals to any available local shelter service for which the Shelter Program Participant is eligible and the Step Up shall make a good faith, reasonable effort to facilitate an intake for that Shelter Program Participant in an available bed or unit.
K) Step Up must document good faith, reasonable efforts and make that documentation available upon request by the City.
L) In cases where the grievance process is utilized, the City maintains the right to determine whether the Step Up’s efforts constitute a good faith effort to facilitate a Shelter Program Participant into an alternative available shelter site or program.
M) Step Up shall make good faith efforts to provide reasonable transportation accommodations upon termination of a Shelter Program Participant from a program or upon transfer of a Shelter Program Participant to an alternative available bed or unit.
N) When a Shelter Program Participant has been successfully linked to a permanent housing program, Step Up must work collaboratively with the Permanent Housing Provider to facilitate a quick and successful transition that is not disruptive to the Shelter Program Participant.
O) In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination notice at that time or coordinate a post exit plan, the Step Up must still create a termination notice that satisfies the above-described requirements and make that documentation available to former participants within 24 hours of their request.
P) Step Up must complete the Program Exit page in HMIS indicating where the Shelter Program Participant has exited to. “Unknown destination” and “Other” entries in HMIS are to be discouraged. If new information about a Shelter Program Participant’s exit destination becomes available after they’ve exited from the program, Step Up should proceed with updating the exit destination on the Program Exit page in HMIS. Step Up should include a final case note in HMIS that includes supporting details about the Shelter Program Participant’s exit from the program.
Q) Step Up shall disclose the Grievance Policy & Procedures included as Attachment 10 to this Agreement to Shelter Program Participants at the time of enrollment.
R) The grievance process shall give Shelter Program Participants a right to due process appeal through the City if the Shelter Program Participant believes they were or are being wrongfully terminated from the program and shall inform Shelter Program Participants on how to access and initiate the grievance process.
S) Step Up shall provide Shelter Program Participants the opportunity to initiate the grievance process 30 days prior to their proposed termination date or at any point thereafter.
T) In cases where Shelter Program Participants are subject to immediate removal based on circumstances that present a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the California Code of Regulations, Step Up shall provide Shelter Program Participants the opportunity to initiate the grievance process at the time of removal or at any point thereafter.
U) If, following the grievance process, the proposed termination is not carried out, any Shelter Program Participant already removed shall be granted the right to resume their participation in the program. If the City and/or the Step Up is unable to place the individual in the original site, the City and/or the Step Up shall facilitate a placement for that individual in an alternative available motel, hotel, or shelter site.
V) Step Up shall be solely responsible for any necessary removal and/or termination of a shelter program participant pursuant to Civil Code section 1954.09. The City shall have no responsibility for the removal and/or termination of shelter program participant(s).
Form Approved by City Attorney 9-17-2021 Page 1
Attachment 13 to Exhibit A
FEDERAL CONDITIONS
1. DEBARMENT CERTIFICATION
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activ ities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or c ontract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three-year period preceding this certification , had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three -year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining C ontractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The Form Approved by City Attorney 9-17-2021 Page 2
CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the C ontractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
2. NON-DISCRIMINATION
During the performance of this contract, the Contractor agrees:
A. To comply with all Federal nondiscrimination laws and equal opportunity laws and regulations, as may be amended from time to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal law or regulation, including but not limited to:
(1) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., Treasury’s implementing regulations at 31 C.F.R.Part 22, and any applicable implementing federal directives that may be issued;
(2) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.);
(3) The Older Americans Act, as amended (42 U.S.C. 6101), Section 324 of title 23 U.S.C., prohibiting discrimination based on gender, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23; and (4) The Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101, et seq.), as well as all applicable regulations and guidelines issued pursuant to the ADA, including but not limited to those found within the Code of Federal Regulations, title 49, parts 27, 37, and 38.
C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the City or the applicable federal agency; D. That, in the event Contractor fails to comply with any nondiscrimination provisions in this contract, the City and the applicable federal agency will have the right to impose such contract sanctions as they determine are appropriate, including but not limited to withholding payments to the contractor until the contractor complies, and/or cancelling, terminating, or suspending this contract, in whole or in part; and
E. To insert this clause, including paragraphs (a) through (e), in every subcontract and in every solicitation for a subcontract.
F. Compliance with all Non-Discrimination and Equal Employment Opportunity Laws:
(1) It is the City’s policy to comply with state and federal laws and regulations including Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990 (ADA) and other federal and state anti-discrimination laws and regulations. The City does not discriminate on the basis of race, color, sex, creed, religious creed, national origin, age, marital status, ancestry, medical condition, disability (including HIV and AIDS), sexual orientation or gender identity in conducting its business. The City prohibits discrimination by its employees, contractors and consultants.
Form Approved by City Attorney 9-17-2021 Page 3
(2) Contractor assures the City that it complies with, and that Contractor will require that its subcontractors comply with, all non-discrimination and equal opportunity laws. (3) Any failure by Contractor to comply with these provisions shall constitute a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City may deem appropriate.
3. ALLOWABLE COSTS
Contractor agrees that any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under the applicable provisions of 2 CFR, Part 200, are subject to repayment by Contractor to the City. Disallowed costs must be reimbursed to the City within sixty (60) days unless the City approves in writing an alternative repayment plan.
4. PROHIBITION OF EXPENDING STATE OR FEDERAL FUNDS FOR LOBBYING (BYRD ANTI-LOBBYING
AMENDMENT)
A. Contractors who apply or bid for an award of $100,000 or more, and any subcontractors, must provide the certification below. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures must be forwarded from tier to tier up to the City, who in turn will forward the certification(s) to the awarding agency.
B. By signing this Agreement, Contractor certifies, to the best of his or her knowledge or belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into o f any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) None of the funds paid under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legis lative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This Form Approved by City Attorney 9-17-2021 Page 4
does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
C. This certification is a material representation of fact upon which reliance was placed when this Agreement was executed. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
D. Contractor also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly.
E. Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C.
Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
5. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION
Contractor warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion: to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price, or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
6. BUY AMERICA ACT
The City and Contractor will comply with the Buy America requirement (23 U.S.C. 313). Buy America requires the City and Contractor to purchase only steel, iron, and manufactured products produced in the United States, unless the applicable federal agency determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall contract by more than 25 percent. In order to use foreign produced items, the Contractor must first submit a waiver request to the City that provides an adequate basis and justification for approval by the applicable federal agency.
7. DRUG-FREE CERTIFICATION
By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of 31 C.F.R. Part 20 (Governmentwide Requirements for Drug -Free Workplace) and the Drug -Free Workplace Act of 1990 (Government Code § 8350, et seq.) and will provide a drug -free workplace by taking the following actions:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations.
Form Approved by City Attorney 9-17-2021 Page 5
B. Establish a Drug-Free Awareness Program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The person’s or the organization’s policy of maintaining a drug-free workplace; (3) Any available counseling, rehabilitation, and employee assistance programs; and (4) Penalties that may be imposed upon employees for drug abuse violations.
C. Every employee of Contractor who works under this Agreement shall:
(1) Receive a copy of Contractor’s Drug-Free Workplace Policy Statement; and (2) Agree to abide by the terms of Contractor’s Statement as a condition of employment on this Agreement.
8. ENVIRONMENTAL COMPLIANCE
Contractor agrees to comply with the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), Executive Order 11738, all Environmental Protection Agency (“EPA”) Regulations (40 CFR) and all applicable standards, orders or regulations issued pursuant thereto. Contractor agrees to report any violation of these statutes and regulations to the City and understands and agrees that the City will, in turn, report each violation, as required, to assure notification to the appropriate federal agency and EPA Regional Office.
9. RECORDS OF CONTRACTOR
A. During the performance of this Contract and for a period of five years after the final payment is made, Contractor shall maintain all records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses.
B. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
C. Records to be retained include, but are not limited to:
(1) General ledger and subsidiary ledgers used to account for the receipt of funds from the City and the disbursements of such funds for eligible expenses related to the provision of Services;
(2) Budget records for 2020 and through the fiscal year of this Contract; payroll, time records, and human resource records to support costs incurred for payroll expenses related to the provision of Services;
(3) Receipts of purchases made relating to the Services; (4) Contracts and subcontracts entered into to provide the Services, and all documents related to such contracts;
(5) All reports, auditors, or other monitoring of subcontractors; (6) All documents supporting the provision of Services; (7) All internal and external communications (including email) related to the Services; and (8) All investigative files and inquiry reports involving the Services.
10. SUBCONTRACTOR COMPLIANCE
Contractor agrees that all subcontracts shall contain the provisions of this Exhibit.
Form Approved by City Attorney 9-17-2021 Page 6
11. REMEDIES
Should Contractor violate of any of the terms of this Contract, City may terminate the Contract and pursue all available legal and equitable remedies.
12. RECOVERED MATERIALS
A. In the performance of this Contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired.
B. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
C. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price.
13. DHS SEAL, LOGO, AND FLAGS
Contractor shall not use the U.S. Department of Homeland Security (“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific pre-approval from the U.S.
Federal Emergency Management Agency (“FEMA”).
14. COMPLIANCE WITH FEDERAL LAW
Contractor acknowledges that federal financial assistance (e.g., FEMA funds, CARES Act funds, American Rescue Plan Act funds) may be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, and all policies, procedures, and directives issued by the applicable federal funding agency (e.g., FEMA, U.S. Department of the Treasury).
15. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from the Contract. The federal government disclaims any and all responsibility or liability to Contractor or any third parties for claims resulting from the death, bodily injury, property damages, or any other losses resulting from the performance of this contract.
16. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
17. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT In the event that Contractor or any subcontractor is contracting for work requiring or involving the employment of laborers or mechanics, the following terms shall apply:
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A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
C. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
18. PUBLICATIONS. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”
19. INCREASING SEAT BELT USE IN THE UNITED STATES. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
20. REDUCING TEXT MESSAGING WHILE DRIVING. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and should establish workplace safety policies to decrease accidents caused by distracted drivers.
21. PROTECTIONS FOR WHISTLEBLOWERS. Pursuant to 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an Form Approved by City Attorney 9-17-2021 Page 8
information the employee reasonably believes is evidence of gross mismanagement of this contract, a gross waste of federal funds, an abuse of authority related to this contract, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this contract.